AGM Certification Regulations in Australia
Historically, Australia has called for Asian Gypsy Moth (AGM) free certification for vessels that have been in a high AGM area prior to entry into the country.
Now, the Australian authorities have slightly changed their stance. As they begin to understand more about the species of AGM, the authorities now take a “risk encasement” based approach rather than the mandatory certification approach.
In the past, it was mandatory for any vessel from a high AGM area to have the necessary phytosanitary certification showing that it had been fully inspected and was found free from AGM. Now, the authorities will undertake a risk assessment of the situation before imposing any requirements on the vessel. Therefore, not having the required certification does not necessarily mean the vessel will be refused entry.
If a vessel arrives without certification, the authorities will not assume that AGM is present and that the vessel poses a significant risk, as there may be other factors involved to assess such a risk. Likewise, if a vessel does have the required certification, the authorities take the view that this does not necessarily mean the ship is free from AGM (the inspection may have been imperfect for example).
Now, whether a vessel arrives from a high AGM area into Australia with or without certification, the authorities will make their own risk assessment. If they are not satisfied, they will conduct their own inspection.
Part of the risk assessment that the authorities will consider is the Free Pratique Form, which all vessels are required to submit ahead of their arrival. Questions 5 and 5a of this form are submitted electronically to Australian Quarantine (AQIS) via the ship’s agent addressing whether the vessel has been in any high AGM risk area in the past 24 months (Q.5) and whether she has the necessary certification (Q.5(a)).
Whilst it is always preferable for a vessel to answer positively to Q.5 (a) should she have visited a high risk area, a lack of phytosanitary certification will not be detrimental. Having appropriate certification will be a risk factor that will be taken into account during the risk assessment. However, it is only a factor.
If a vessel can only answer negatively to Q.5 (a) regarding certification, there are various options that can be taken.
The vessel will have the opportunity for the Australian Government to conduct an inspection and issue a certificate on her arrival. There will be a fee for this and potentially any surveyor’s travelling expenses.
A further option is that no certificate is required in any event and the vessel may enter without one.
If Carriers find themselves in a situation whereby they do not have certification, they are encouraged to provide any information they do have in advance to the Government and disclose everything at the earliest opportunity such as photographs, efforts to eradicate moth eggs and any inspections undertaken by the crew. All proactive steps by the vessel will be considered by the authorities during the risk assessment. They will also require information as to what port the vessel is going to as this is a relevant factor in the risk assessment. All of these steps will ensure that the authorities are able to investigate and make steps to prepare for the vessel’s arrival which should smooth the process and reduce any delays.
For more information on AGM please refer to Norths loss prevention briefing.
Photograph courtesy of Ferenc Lakatos, University of West Hungary.