Adv. Yael Nagar, Adv. Gill Nadel
One of the subjects in the field of international trade which has international regulation that is not a taxies or tariffs matter, is the subject of disinfection of wooden packages. As commonly known, wooden packages (surfaces, chests, cages, etc) might have worms and insects that damage plants. These pests may even spread from the wood containers into other woods, multiply, and cause essential damage to trees, forests and the timber industry. To prevent these environmental harms, an international standard called ISPM 15 was enacted on the issue of treating wood merchandise, This standard is followed by many countries in the world, among them the US, Canada, New Zealand, the EU, China, and more.
ISPM 15 is an international standard for phyto-sanitary measures which includes rules dealing with the treatment and marking of wooden packages in international trade. This standard notes the required phyto-sanitary steps that must be taken to minimize the danger or spreading pests found in the wooden packaging, and includes two central elements: treating the wooden packaging, and marking the wooden packaging.
According to this standard there are two possible kinds of wooden packaging treatments.
One is by heat treatment which includes exposing the central part of the wood to a temperature of 56 degrees Celsius for at least 30 minutes; and the other is a methyl bromide gas treatment , which is used as a pesticide. This treatment includes smoking the tree with methyl bromide at a certain concentration for 16 hours using a dosage as set by the law. These treatments do not expire, so that once wood is treated, it does not need another treatment in the future. However, if the wood is reconditioned at all or if new wooden parts are added, additional treatment and marking must be done.
It should be noted that the standard does not apply to wood that has undergone industrial processing, such as: fiberboard, plywood, MDF, and boards made from wood that was crushed to a size smaller than 6 mm and during manufacturing was exposed to high pressure, heat and the use of glue.
ISPM 15 Standard in the case of disinfection and marking of wooden packaging was first applied in Israel from the 1st of October 2009. The State of Israel enacted the Flora Protection Ordinances (Import of Plants, Plant Products, Diseases, and Accompanying Means), 5769-2009, which includes an ordinance requiring all importer to disinfect wooden packaging and surfaces according to the international standard ISPM 15. Under this ordinance, all wooden parts used on a commercial shipment for support, protection, or the carrying of products must undergo a steam treatment or a heat treatment before entering Israel. This treatment is to be done outside the state and under the supervision of the body which is authorized to approve such a procedure in the exporting state.
The official body in Israel authorized to approve that the standard’s conditions were indeed met is the Plant Protection and Inspection Services of the Ministry of Agriculture (the PPI Services). The PPI Services have the authority to approve the wood treating body, allow the use of marking, and request wooden packaging materials before export in order to check whether they meet the conditions of the standard. Approving treatment of a product is done by stamping the product with a stamp that indicates the international standard ISMP 15.
As we know, the preferred treatment from the environmental protection perspective is the heat treatment, since methyl bromide is one of the chemicals that hurt the ozone layer. According to expert evaluations, during disinfection, 80% of the methyl bromide used is released into the atmosphere. This fact has lead to international activity aiming to cancel or minimize the use of this material. Thus, on September the 18th 2008, the European Community reached a decision to forbid the use of methyl bromide starting from the 18th of March 2010 (Article 4(6) of Directive 91/414/EEC). This decision is problematic for the European exporter since it narrows down the treatment options existing under standard ISPM 15, to the heat treatment alone. Now days there is no approval for use of any gas as a substitute for methyl bromide. One can only hope that the European exporters will raise all hell to speed the process of approving an appropriate substitute and changing the standard accordingly.
As far as Israel is concerned, it should be noted that under the Montreal Protocol of 1992, which examines the need to limit or eliminate the use of methyl bromide. The protocol was formed as part of the Vienna Convention- an international convention for protecting the ozone. The protocol states that all the signatory states will completely cease using methyl bromide by 2005, except when in cases where the use of it is defined as critical or as exempted from approval. Each year, some of the states signatory to the protocol, including Israel, refers to the UN Professional Committee, which approves the quota of methyl bromide use intended for their critical needs. Further more, according to various publications, Israel leads the world in use of methyl bromide per capita.
Israel, unlike the EU, does not forbid the use of methyl bromide to treat plant quarantines, and therefore treatment of wooden packaging is possible, under the language of standard ISPM 15, both by heat treatment and methyl bromide treatment. However, it seems as though Israeli importers must also act to speed the process of approving an alternative chemical for disinfecting wood and changing the standard accordingly, since in light of the international currents, it is clear that there are not many years left until Israel will completely ban the use of this material as well.
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