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China Consults on Administrative Measures for Entry Animal and Plant Quarantine Access

The draft introduces the legal concept of “quarantine access” and legalize the implementation of quarantine access. The draft applies to quarantine access of animals and plants, their products and other quarantine objects that enter China for the first time or re-enter after suspension from a certain country or region.

General Administration of Customs of China (GACC) has been implemented a quarantine system for entry-exit animal and plant on the basis of "Law on the Entry and Exit Animal and Plant Quarantine" and the "Implementation Rules", as well as other bilateral agreements. On Dec. 29, 2021, GACC announced to solicit public opinions for the draft of "Administrative Measures for Entry Animal and Plant Quarantine Access", which summarized and preserved the current provisions on animal and plant quarantine with no substantial change, and proposed to introduce the legal concept of "quarantine access" and legalize the implementation of quarantine access. Any comment can be submitted via email vet@customs.gov.cn before Jan. 29, 2022.

Noteworthy Points Revealed by the Draft 

Applicable Scope 

  • the administration of quarantine access of animals and plants, their products and other quarantine objects that enter China for the first time or re-enter after suspension from a certain country or region.

Access Application 

  • First entry: before exporting animals and plants, their products and other quarantine objects to China for the first time, the competent department of the exporting country / region or importer shall submit a written application to GACC. Then GACC will distribute a questionnaire for the applicant to submit relevant technical materials accordingly.

  • Resume entry: In case of entry suspension for sudden epidemic or import failure, if intending to apply for resumption of export to China, the competent department of the exporting country / region or importer shall submit a written application to GACC and provide relevant technical materials and rectification report on the reasons for suspension.

    Notes: GACC may terminate the access for several reasons, such as the delay of returning the questionnaire, incomplete materials, sudden outbreak of major animal and plant epidemics, and failed evaluation or rectification.

Access Evaluation 

  • Written evaluation: GACC examines the authenticity, integrity and effectiveness of application materials and written answers. The competent authorities of relevant countries or regions may be required to supplement the missing information or materials according to the material review.

  • On-site evaluation: if necessary, GACC may carry out an on-site evaluation, which aims to verify the actual operation and operation status, and to discuss and confirm the questionable matters in written evaluation, and can be conducted in the form of on-site or remote video. The competent authorities of relevant countries or regions shall provide necessary assistance for on-site evaluation.

Result Confirmation 

  • Result notification: GACC shall notify the relevant national or regional competent authorities of the risk assessment results. If rectification is necessary, the rectification matters shall be notified, and the rectification shall be tracked and confirmed.

  • Agreement signing: on the basis of the evaluation, GACC will carry out technical consultation with relevant national or regional competent authorities. Once the consultation is complete, the two party will sign a bilateral agreement.

  • Requirement promulgation: according to the technical consultation and the agreement, GACC will publish the quarantine access requirements of animals and plants, their products and other quarantine objects from the certain country or region. Importers shall conform to the requirements when arranging import matters.

Exemption Scope 

  • The entry of unadmitted animals and plants, their products and other quarantine objects due to special needs such as scientific research, exchange, gift and testing samples;

  • The entry of highly processed animal and plant products that do not have the risk of spreading animal and plant epidemic (the list will be published separately).

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