Plants, plant parts and plant products and other regulated articles

Document symbol
G/LIC/N/3/MUS/13
Original language
English
Published on
15/12/2023

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

The National Plant Protection Office (NPPO) is the official regulatory agency of the Ministry of Agro Industry & Food Security that is mandated under the Plant Protection Act (PPA) of 2006 to protect the biodiversity and agricultural economy of Mauritius, from introduction of destructive exotic plant pests and diseases

The NPPO regulates the importation of plant, plant products and other regulated articles through Plants Import Permits (PIPs) under section 19, paragraph (1) (a) of the PPA which makes the provisions that any person who imports or causes the importation of a plant, plant product or other regulated product shall apply for a plant import permit from the NPPO. Currently, PIPs are issued on a consignment basis and a PIP is usually valid for four months for a shorter period in exceptional cases where importation is authorized for emergency situations (unavailability of certain agricultural products).

Moreover, in line with Paragraph 19(4) of the PPA, a PIP is also applicable for certain regulated products such as fresh fruits and vegetables, fresh cut flowers and planting materials that is subjected to landing/shipping activities in our territory through the airport and seaport.

The law makes provision for the issuance of PIPs electronically via the Tradenet portal.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

A PIP is required for importation of plants, plant parts and plants products and other regulated articles. These include but is not restricted to fresh, dried, frozen fruits, vegetables and aromatic herbs, timber, wooden, rattan and bamboo articles, pulses, selected cereals, animal feeds, cotton, furniture, planting materials (seeds, cuttings, young plants), fresh cut flowers, and selected plant‑based fertilizers, bio-fertilizers, planting media and second-hand agricultural machinery.

Q3. The system applies to goods originating in and coming from which countries?

The system applies to goods originating in and coming from all countries based on the analysis of phytosanitary risk and import conditions.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The PIP is delivered for plant health protection.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The PIP is issued under the Plant Protection Act 2006.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

For locally produced fresh vegetables, PIPs are issued based on an evaluation of the demand and supply in the local market.

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

The PIPs are issued on a monthly basis.

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

PIPs issued are monitored electronically and the PIP is restricted to the period under review.

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

The time for the submission of the request is one month.

Q6.V. What are the minimum and maximum lengths of time for processing applications?

The PIPs are issued within five days.

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

Importation can be done as soon as PIPs are issued.

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

The Ministry of Agro Industry & Food security is responsible for the overall evaluation of the demands and granting the permits.

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

System is demand driven and PIPs are issued on a monthly basis and new importers have to make requests just like the existing ones on a monthly basis.

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

Not restricted to bilateral quotas.

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

Not applicable to imports based on export permits only.

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

PIPs are issued for re-exports in case of unavailability of the goods in the local market.

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

Application for PIP is made sufficient time in advance to allow the importer to transmit the Plant Import Permit to the exporter to ensure compliance with the import phytosanitary requirements of the NPPO of Mauritius. In case of inadvertency, permit may be delivered within shorter time limits. A PIP is required in line with the PPA.

Q7.b. Can a licence be granted immediately on request?

A Fast Track System exist at NPPO and upon request by importer and with proper justification an application is processed provided all relevant documents are submitted. The processing time for an application is five working days for regular permit and may be extended for new and high-risk products. Imports can be made immediately upon granting of permits.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

There are limitations for granting permits for imports of certain off-season products.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

The NPPO is the sole entity for granting permits for plant and plant products and other regulated articles except for the following articles where other agencies are also involved either as lead agency or recommender in the online system:

- For animal feed and fodder the Veterinary Services is the lead agency and the NPPO is the recommender;

- For tea and tea products, the NAPRO is the recommender;

- For potatoes, onions and garlic (for consumption and for planting), the Agricultural Marketing Board is the recommender;

- For other overlapping issues the recommendation of the Plant Biosecurity Technical Committee is sought;

- For Invasive Alien Species (IAS), the recommendation of the IAS Committee is sought.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Imports permits are only refused in case commodity to be imported represent phytosanitary threats to the country following a pest risk assessment being conducted and reason for refusal is normally provided.

Applicants have the right of appeal under the PPA.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

All persons, firms and institutions are eligible to apply for PIP under (a) and (b).

For electronic application, the applicants must register in the system prior to making an application.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

Information that must be provided for application for a PIP are:

Name and contact details of importer and exporter, product name (scientific name), HS code, the country of origin, the exporting country, quantity, the approximate shipment date, the purpose of the importation, the means of importation and the mode of transport. Additional documents can be uploaded on the Tradenet portal if required by NPPO. The application form is available on website of the NPPO.

Q11. What documents are required upon actual importation?

Documents that must be provided for application for a clearance PIP are:

  • Phytosanitary certificate issued by the exporting country;
  • Bill of lading;
  • Commercial invoice and packing list; and
  • Bill of Entry.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

There is no application fee applicable. However, an administrative fee of MUR 100 is payable to the Mauritius Network Services Ltd (MNS).

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

No deposit or advance payment is required for application for a PIP.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

A PIP is usually valid for four months but can be also issued for a shorter period of time in exceptional cases.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No penalty is applicable for non-utilization of a PIP.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

PIPs are not transferable between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

Other conditions may be applicable to a PIP, such as validity period of permit and post import control and monitoring.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

Administrative procedures required are:

  • For online permit system, the importers need to register on the MNS.
  • For new importers of planting materials such as ornamentals, vegetables and fruits, production (commercial) registration with the Research and Extension Department is required and approval of the post entry quarantine facility by NPPO.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

Issuance of a PIP is not a prerequisite for obtaining foreign exchange.