LOCH M FRASER LOGISTICS PTY LTD CLIENT UPDATE

Dear Valued Client,

The Department of Agriculture has released the BMSB Seasonal measures for the 2020-21 period. The main changes from the last measures are the addition of (3) countries, being Portugal, Ukraine and Moldova for the 2020-21 BMSB risk season.

The details of the measures are set out below, however a summary is as follows:

Goods will require treatment prior to export if:

1. They are shipped from or through a target risk country (see below list of countries)

2. They are considered target risk goods (see list of HS codes and Chapters)

3. They are shipped after 1st September 2020, and will arrive in Australian territory by 31 May 2021 (inclusive).

Seasonal measures for Brown marmorated stink bug (BMSB)

2020-21 Seasonal measures for Brown marmorated stink bug (BMSB)

In response to the rapid expansion of BMSB throughout Europe and North America, the department has retained the seasonal measures to manage the risk of BMSB from arriving in Australia for the 2020–21 BMSB risk season. The department has used a range of scientific, intelligence and evidence-based information when setting the measures, including data collected from the 2019-20 BMSB season onshore verification activities.

The department has also worked closely with the New Zealand Ministry for Primary Industries (MPI) on the 2020-21 measures to ensure both Australia and New Zealand's BMSB seasonal measures are consistent across the two countries (where possible).

For the 2020-21 BMSB risk season, heightened biosecurity measures will apply to:

• Certain goods manufactured in, or shipped from target risk countries, and/or
• Vessels that berth at, load or tranship from target risk countries.

The measures apply to goods shipped from 1 September 2020 that arrive in Australian territory by 31 May 2021 (inclusive).

Goods shipped between 1 September 2020 and 30 April 2021 need to be treated and will be referred for intervention if they arrive by 31 May 2021 (inclusive).

As with previous BMSB risk seasons, you must comply with these measures. Throughout the season, we will continue to review these measures based on detections of BMSB and the risk pathways and make any necessary adjustments.

What are the measures relating to goods?

Certain goods (target high risk and target risk goods) manufactured in or shipped from the target risk countries as sea cargo will be subject to BMSB intervention.

Measures apply to these goods shipped from 1 September 2020 that arrive in Australian territory by 31 May 2021 (inclusive).

All other goods are not subject to BMSB intervention – however if they are packed in a container with target high risk or target risk goods that require BMSB intervention, they will be subject to the measures.

Target high risk goods requiring mandatory offshore treatment that arrive untreated or treated by an unapproved treatment provider in a target risk country, will be denied discharge and directed for export on arrival.

Automatic Entry Processing (AEP) processing arrangements for BMSB will be permitted for break bulk and containerised goods (not including LCL consignments and FAK containers).

Goods shipped in iso-tanks and as bulk-in-holds of cargo vessels are not subject to the measures.

Treatment of target high risk goods

• Target high risk goods treated in target risk countries must be treated by a registered offshore treatment provider approved under the Offshore BMSB Treatment Providers Scheme.
• Treatments conducted by an unapproved treatment provider in a target risk country will not be recognised as valid and the goods will be subject to onshore treatment (if permitted) or be directed for export.
• Treatment providers in other countries who intend to conduct BMSB treatments for goods that are manufactured in any of the target risk counties are also encouraged to register under the offshore treatment provider's scheme.
• Treatment certificates from providers in non-target risk countries who do not register will be accepted, however these goods will be subject to increased intervention on arrival compared to those treated by approved treatment providers.

Break bulk goods

• Mandatory offshore treatment of target high risk goods shipped as break bulk cargo will be required.
• Goods shipped in open top containers or on flat rack containers are also considered to be break bulk.
• Untreated break bulk identified on arrival will be denied discharge and directed for export on arrival, unless exceptional circumstances are applicable.
• Automated Entry Processing (AEP) arrangements for BMSB will be permitted for break bulk goods.

Containerised goods (FCL, FCX)

• Containerised cargo arriving in sealed six hard sided containers with target high risk goods can be treated offshore, or onshore at the container level.
• The department classifies refrigerated containers (operating and non-operating) and high cube hard top sealed containers (ISO45U6/ISO45UP) the same as six hard sided sealed containers.
• FCL containers that have been modified to house in-built power generators etc. are considered to be break bulk and not a six hard sided container. These containers are subject to the measures for break bulk goods as per above.
• Deconsolidation or removal of goods will not be permitted prior to treatment. No exemptions for deconsolidation or segregation on arrival will be considered by the department.
• Consideration must be given to ensure containers are packed in a manner that will enable effective onshore treatment at the container level where required, to avoid possible export of the container.
• AEP arrangements for BMSB will be permitted for containerised goods shipped as FCL (Full Container Load) and FCX (Full Container Consolidated).
• To demonstrate goods were sealed inside a container prior to 1 September 2020 or after treatment, a BMSB sealing declaration must be provided with the lodgement. This document is required where:
• Goods were containerised prior to 1 September 2020 but shipped after this date, or
• The bill of lading does not state the shipped-on board date, or
• Goods were sealed inside the container within 120 hours of treatment occurring offshore.
• Supporting documentation must be completed and signed by either the exporter, freight forwarder, or shipping company at the port of origin.

Note: Container tracking information may be used as supplementary means of confirming shipped on board date for BMSB measures only. Container tracking information is insufficient for demonstrating when goods were sealed in a container.

Containerised goods shipped as Less than Container Load (LCL) consignments and Freight of all Kinds (FAK) containers

LCL and FAK containers with target high risk goods will be managed at the container level for BMSB risk prior to deconsolidation. Once these have been managed, the consignments within these containers will be processed at the Full Import Declaration (FID) level for all other biosecurity intervention (if applicable).

See the Management of LCL/FAK containers web page for more details.

Random onshore verification inspections

• All target high risk and target risk goods will be subject to random verification inspections and will be directed for onshore treatment if BMSB is detected.
• The department will continue to review the changing pest status of BMSB and will be undertaking a lower rate of random onshore inspections on goods from emerging risk countries (watch list countries) to verify pest absence in goods.
• All goods must still meet the standard import conditions in the department's biosecurity import conditions database (BICON) for all other biosecurity risks.

Known risk pathways and supply chains

• Goods from known risk pathways and supply chains that have had previous detections of BMSB may be subject to BMSB intervention including treatment and/or inspections.
• These risk pathways and supply chains will be reviewed throughout the season and adjusted to manage the risk of BMSB as required.

What are the target risk countries?

The following countries below have been categorised as target risk:

• Albania
• Andorra
• Armenia
• Austria
• Azerbaijan
• Belgium
• Bosnia and Herzegovina
• Bulgaria
• Canada
• Croatia
• Czechia
• France
• Japan (heightened vessel surveillance will be the only measure applied).
• Georgia
• Germany
• Greece
• Hungary
• Italy
• Kosovo
• Liechtenstein
• Luxembourg
• Montenegro
• Moldova
• Netherlands
• Portugal
• Republic of North Macedonia
• Romania
• Russia
• Serbia
• Slovakia
• Slovenia
• Spain
• Switzerland
• Turkey
• Ukraine
• United States of America

Any target high risk or target risk goods which are manufactured in or shipped from the target risk countries will be subject to the BMSB seasonal measures. Any vessel that berths at, loads or tranships from the target risk countries is also subject to the BMSB seasonal measures.

In addition, the department continues to review the changing risk status of BMSB and will also be undertaking random onshore inspections on goods from other emerging risk countries to verify pest absence in goods.

The following countries have been identified as emerging risk countries for the 2020-21 BMSB risk season and may be selected for a random onshore inspection: Belarus, Denmark, Ireland, Poland, Sweden, United Kingdom, Kazakhstan and Chile.

We are also monitoring other countries through a lower rate of random inspections. These include all remaining European countries, Japan, China, Korea, Taiwan, Argentina, South Africa and Uruguay.

What goods are subject to the measures?

Target high risk goods

Goods that fall within the following tariff classifications have been categorised as target high risk goods and will require mandatory treatment for BMSB risk.

• 36 - Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations
• 44 - Wood and articles of wood; wood charcoal
• 45 - Cork and articles of cork
• 57 - Carpets and other textile floor coverings
• 68 - Articles of stone, plaster, cement, asbestos, mica or similar materials
• 69 - Ceramic products – including sub chapters I and II
• 70 – Glass and glass ware
• 72 - Iron and steel - including sub chapters I, II, III, IV
• 73 - Articles of iron or steel
• 74 - Copper and articles thereof
• 75 - Nickel and articles thereof
• 76 - Aluminium and articles thereof
• 78 - Lead and articles thereof
• 79 - Zinc and articles thereof
• 80 - Tin and articles thereof
• 81 - Other base metals; cermets; articles thereof
• 82 - Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal
• 83 - Miscellaneous articles of base metals
• 84 - Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof
• 85 - Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
• 86 - Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds
• 87 - Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof
• 88 - Aircraft, spacecraft, and parts thereof
• 89 - Ships, boats and floating structures
• 93 - Arms and ammunition; parts and accessories thereof

Target risk goods

Goods that fall within the following tariff classifications have been categorised as target risk goods and will not require mandatory treatment. Target risk goods will however be subject to increased onshore intervention through random inspection.

• 25 - Salt; sulphur; earths and stone; plastering materials, lime and cement
• 26 - Ores, slag and ash
• 27 - Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes
• 28 - Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes - including sub chapters I, II, III, IV and V
• 29 - Organic chemicals - including sub chapters I, II, III, IV, V, VI, VII, VIII, IX, X, XII and XIII
• 31 - Fertilisers
• 38 - Miscellaneous chemical products
• 39 - Plastics and articles thereof - – including sub chapters I and II
• 40 - Rubber and articles thereof
• 46 - Manufactures of straw, of esparto or of other plaiting materials, basket ware and wickerwork
• 47 - Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard
• 48 - Paper and paperboard; articles of paper pulp, of paper or of paperboard
• 49 - Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans
• 56 - Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof

For all other goods that are not categorised as target high risk and target risk goods, BMSB seasonal measures do not apply. However, these goods may be subject to the measures if they are part of a container or consignment that contains target high risk or target risk

What are the treatment options and rates?

Treatment Rates

There are three approved treatment options for BMSB treatment.

The approved treatments are:

Heat

For all goods types and sizes

• 56°C or higher at the coldest surface of the goods, for a minimum of 30 minutes
  or
  Alternative option for individual goods weighing less than 3000 kg shipped as break bulk only,
• 60°C or higher at the coldest surface of the goods, for a minimum of 10 minutes

Note: Individual goods shipped as break bulk weighing less than 3000kg treated at 60°C for 10 minutes require evidence within shipping documentation that they are less than 3000kg for these treatments to be accepted.

Methyl Bromide

• A dose of 24 g/m³ or above, at 10°C or above, for a minimum of 12 hours (but less than 24 hours), with all start time concentration readings above 24 g/m³ and a minimum end point reading of 12 g/m³
  or
• A dose of 24 g/m³ or above, at 10°C or above, for 24 hours or longer, with all start time concentration readings above 24 g/m³ and a minimum end point reading of 8 g/m³

*Note: Dose increases to compensate for temperatures less than 10°C is NOT permitted. Topping up with additional fumigant at the end of treatment is NOT permitted. If the concentration of fumigant falls below the minimum end point reading at any point during the treatment, the treatment has failed.

Sulfuryl Fluoride

• A dose of 24 g/m³ or above, at 10°C or above, for a minimum of 12 hours (but less than 24 hours), with all start time concentration readings above 24 g/m³ and a minimum end point reading of 12 g/m³
  or
• A dose of 24 g/m³ or above, at 10°C or above, for 24 hours or longer, with all start time concentration readings above 24 g/m³ and a minimum end point reading of 8 g/m³

*Note: Dose increases to compensate for temperatures less than 10°C is NOT permitted. Topping up with additional fumigant at the end of treatment is NOT permitted. If the concentration of fumigant falls below the minimum end point reading at any point during the treatment, the treatment has failed.

Sulfuryl Fluoride – Using third-party system*

• Achieve a CT of 200 g-h/m³ or more, at 10°c or above, for 12 hours or longer, with a minimum end point reading of 12 g/m³
  or
• Achieve a CT of 200 g-h/m³ or more, at 10°C or above, for 24 hours or longer, with a minimum end point reading of 8 g/m³

*Note: The approved stewardship program operators and their third party programs are:

• Douglas Products or their agents - FumiGuide
• Ensystex II, Inc. (USA) - Fumicalc
• Barcan Barcan Pest Control & Fumigation Co. (Barcan ilaclama Fumigasyon Tic. Ltd.Sti.) (Turkey) - FumiTrack

Topping up with additional fumigant at the end of treatment is NOT permitted. If the concentration of fumigant falls below the minimum end point reading at any point during the treatment, the treatment has failed.

Treatment minimum standards

There are set minimum standards for the application of BMSB treatments. Treatments applied for biosecurity purposes are part of managing the risk of introducing exotic pests and diseases.

It is important that treatment providers understand these requirements as treatments to manage risk are only effective when conducted correctly. These standards outline best practice methodologies for applying biosecurity treatments.

Onshore treatment

Where onshore treatment of goods is permitted, you can find a list of approved arrangement providers on the department's website.

Offshore treatment

The Offshore Brown Marmorated Stink Bug (BMSB) Treatment Providers Scheme (the scheme) sets out the department's registration and compliance requirements for BMSB treatment providers, including compliance with applicable treatment methodologies.

Treatment providers that were registered under the scheme during the 2019-20 season must complete a renewal application for the 2020-21 season. The renewal application and application for new treatment providers are available on the department's Offshore BMSB treatment providers scheme webpage.

Treatment providers in target risk countries

All BMSB treatment providers in target risk countries must first register and be approved under the scheme by the department prior to treatment. Treatments conducted by an unapproved treatment provider in a target risk country will not be recognised as valid and the goods will be subject to onshore treatment (if permitted) or be directed for export.

Treatment providers in non-target risk countries

Treatment providers in other countries who intend to conduct BMSB treatments for goods that are manufactured in any of the target risk counties are also encouraged to register under the offshore treatment provider's scheme.

Treatment certificates from providers in non-target risk countries who do not register will be accepted, however these goods will be subject to increased intervention on arrival compared to those treated by approved treatment providers.

Treatment providers in non-target risk countries who perform multiple BMSB treatments during the season must join the Offshore BMSB Treatment Providers Scheme.

If unregistered treatment providers continue to treat and present treatment certificates throughout the season and have not made any effort to register, future treated goods may be exported.

Fraudulent certificates

For treatments conducted in target risk countries, we will only accept BMSB treatment certificates from approved list of treatment providers.

The department continues to improve its systems to monitor and detect the use of fraudulent certificates and will identify consignments that arrive in Australia with fraudulent documentation.

Any consignment identified with a fraudulent certificate or with a certificate from a treatment provider in a target risk country that is not approved will be directed for onshore treatment (if permitted), or exported. 

If you have any questions, please do not hesitate to contact me. 

Kind regards,

Dave Simmons