1. THE DEPARTMENT OF AGRICULTURE, FORESTY AND FISHERIES: MANDATE AND ROLE AT BORDERS AND PORTS OF ENTRY P RESENTED BY M OOKETSA R AMASODI C ONTRIBUTORS : D R. M.E. M OGAJANE & M S. S. L ESEKE

2. Overview of the presentation 1)WTO Annexes 2)The Agriculture sub sector regulatory framework 3)Core Functions 4)Trade Requirements 5)Import and Export Control 6)Ports of Entry 7)DAFF Offices 8)Legislative Mandate 9)Legislative Model 10)Inspection processes 11)Challenges in SPS environment 12)The Fisheries roles and functions 13)Challenges within the fisheries environment 14)Quest for global competitiveness 15)Acknowledgement

3. Coverage of SPS and TBT Agreements - Technical Barriers to Trade Agreement - Sanitary and Phytosanitary Agreement Technical Regulation Any other Objective Protect Human Life Protect Animal Life Protect Plant Life Protect a Country From risks arising from Additives contaminants toxins or disease- causing organism in their foods plant or animal carried diseases Additives toxins pests diseases disease-causing organisms Pests diseases disease-causing organisms TBT SPS WTO

4. The DAFF Regulatory Framework Post - BorderBorderPre - Border ExportsImports Importing country’s requirements Inspections Certification decisions Compliance monitoring Interceptions Trade Control Surveillance Compliance monitoring Risk Assessment Early Warning Risk Management Decisions

5. Core Functions Administration and services delivery in terms of more than 10 Acts of Parliament Core functions, methods, products and services clustered into 40 groups e.g.  Protocols and work programmes  Inspections  Audits  Permits  Investigations  Audits  Surveys  Borderline patrols  Rapid response

6. Trade Requirements Imports Import permit Phytosanitary certificate /Vet Health Certificate or any compliance certificate Declaration at the port of entry Inspection and or testing; quarantine Exports Export requirements (Permit, Directive, Protocols) Quality certificate Inspection, testing Phytosanitary certificate/Vet Certificate Treatment (Fumigation, cold steri etc) Domestic Movement permits (where there are control measures) Compliance to regulations (grading, labeling, content, germination rates etc) Inspection; Testing; Grading

7. Import and Export control at PoE and PoEx and the borderline  Importation/exportation of agricultural products - Can be a pathway for the introduction of exotic pathogens and pests of plant and animals into importing countries. These organisms can be detrimental to the local agricultural resources should they become established within the importing countries.  Borderline Fences - The control of the introduction of pests and diseases is a critical measures at our borderline fences. Patrols to ensure the early detection of stray animals from neighbouring countries is the core focus at our borders with FMD infected neighbours.  Throughout the value chain there is an involvement of other stakeholders including the DAFF’s assignee like Perishable Product Export Control Board (PPECB).

8. South African Ports

9. DAFF Offices

10. Legislative Mandates Agricultural Pests Act, 1983 (Act No 36 of 1983) * To provide for measures by which agricultural pests may be prevented and combated; and for matters connected therewith. Agricultural Products Standards Act, 1990 (Act No 119 of 1990) To provide for the control over the sale and export of certain agricultural products, control over the sale of certain imported agricultural products; control over related products; and for matters connected therewith. Animal Diseases Act, 1984 (Act No 35 of 1984) To provide for the control of animal diseases and parasites, for measures to promote animal health; matters connected therewith.

11. Animal Improvement Act, 1998 (Act No 62 of 1998) To provide for the breeding, identification and utilisation of genetically superior animals in order to improve the production and performance of animals in the interest of the Republic; and to provide for matters connected therewith. Animal Identification Act,2002 (Act No 6 of 2002) To consolidate the law relating to the identification of animals and to provide for incidental matters. Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No 36 of 1947) To regulate or prohibit the importation, sale, acquisition, disposal or use of fertilizers, farm feeds, agricultural remedies and stock remedies; to provide for the designation of technical advisers and analysts; and to provide for matters incidental thereto.

12. Genetically Modified Organisms Act, 1997 (Act No 15 of 1997) To ensure that genetically modified organisms are appropriate and do not present a hazard to the environment; and to establish appropriate procedures for the notification of specific activities involving the use of genetically modified organisms; and to provide for matters connected therewith. Plant Breeder’s Rights Act, 1976 (Act No 15 of 1976) To provide for a system whereunder plant breeders' rights relating to varieties of certain kinds of plants may be granted and registered; for the requirements which have to be complied with for the grant of such rights; for the protection of such rights and the grant of licences in respect of the exercise thereof; and to provide for incidental matters. Plant improvement Act, 1976 (Act No 53 of 1976) To provide for the control of the import and export of certain plants and propagating material; and to provide for incidental matters.

13. Liquor Products Act, 1989 (Act No 60 of 1989) To provide for control over the sale and production for sale of certain alcoholic products, the composition and properties of such products and the use of certain particulars in connection with the sale of such products; for the establishment of schemes; for control over the import and export of certain alcoholic products; and for matters connected therewith. Meat Safety Act, 2000 (Act No 40 of 2000) To provide for measures to promote meat safety and the safety of animal products; to establish and maintain essential national standards in respect of abattoirs; to regulate the importation and exportation of meat; to establish meat safety schemes; and to provide for matters connected therewith.

14. Scope of the legislative operating model Multilateral Trading FrameworkNational Regulatory FrameworkProduct Master Designation of ControlAssumption of Control over Product Recognition of product Control over Product Import Control over sale of Product Control over Product Export Power of Entry, Inspection and Investigation Test and Trials Registration of Facilities Offences AppealsSecrecy

15. Inspections at a glance Assumptions in the application of inspections The pests or diseases of concern, or the signs or symptoms they cause are visually detectable Inspection is operationally possible Some probability of pests and diseases being undetected is recognised Regulated articles for inspections Plants, animals and their products Storage facilities Packaging material including dunnage Conveyances and transport facilities Soil, fertilizers and related materials Traveller’s personal effects moving internationally International mail

16. Specific Requirements for inspections Document checks Documents must be complete, consistent, valid and not fraudulent Inspections Verification of consignment identity and integrity Visual examination for pests, diseases or other non conformities Regulatory decisions Nature of the inspection findings determines the type of decisions to be adopted These decisions include certifications, releases, destructions, refusal of entry, confistications.

17. Fresh produce handling chain … Inspection Orchard/V ineyard Packhouse Coldstore ShipImport portDischarge DepotSupermarketConsumer Inland Depot CA provider Loading Export port Coldstore

18. Challenges in the SPS environment  The World Organization for Animal Health (OIE) has listed the following as major  Diseases on its website African Swine Fever, Anthrax, Avian Influenza, Bluetoungue,  Bovine Spongiforum Encephalopathy, Bovine Tuberculosis, brucellosis, Classical Swine  Fever, Foot ‘and Mouth Disease, Paratuberculosis, Rabies, Rift Valley Fever, Rinderpest,  West Nile Fever (http://www. oie.int/eng/maladies/en_tech_cards.htm)  The International Plant Protection Convention  Requirements based on risk analysis of the country  Diseases and pests that were introduced into South Africa since 2000  Classical Swine Fever in the Eastern and Western Provinces, Foot and Mouth Disease in Camperdown and Jozini, KZN; Equine Infuenza; in the Western and Western Cape, Brucella canis and  American Foulbrood in the Western Cape and Karnal Bunt in the Northern Cape

19. Fisheries role : MCS Ensure that provisions of Marine Living Resources Act of 1998 are complied with for sustainable utilization of marine living resources.  VMS  Patrols and Inspections of vessels at Sea  Reactive: oil Pollution abatement  Fire fighting  Search and rescue ENVIRONMENTAL PROTECTION VESSELS

20. Compliance role: MCS  Land based patrols and inspections  Monitor 22 Consumptive Commercial Fishing sectors FPE’s, Landings & Restaurants  Recreational Fishers 250 000  Subsistence Fishers 800  Interim relief 916  Monitoring of exports and imports of fish at points of entry and exit.  4X4 regulation  Monitoring of Aquaculture farms,  215 Fishery Control Officers to cover a coastal line of 3500 KM : ratio 1:17km COMPLIANCE

21. 21 SA EEZ Marion and Prince Edward EEZ ENVIRONMENTAL PROTECTION VESSELS CURRENT OVERALL PATROL AREA

23. 23 Challenges in the fisheries environment  Human capacity  Financial resources  Aerial surveillance  Vast area to be covered  Split mandates  Cabinet approved the Minister’s intention to conditionally re-open the commercial Abalone Fishery with the Integrated Fisheries and Security Strategy as one of the preconditions

24. THE FACTS PASTPRESENT

25. Competiveness of the sector OPTIMISE: Ongoing inputs to improve terms and scope of access to existing markets ALL OF THE ABOVE ARE IMPOSSIBLE IF: South Africa does not protect its biosecurity and its natural resources RETAIN: Ongoing inputs to keep existing markets open GAIN: Opening of new markets

26. Acknowledgements Appreciation to all colleagues at the Department of Agriculture, Forestry and Fisheries for their support in preparation of this presentation Mooketsa Ramasodi 012 319 6321 or e mail dapis@daff.gov.zadapis@daff.gov.za