LEGISLATION SANITARY AND PHYTOSANITARY


Principal Accomplishments in Agricultural Health

The Andean Community’s most noteworthy accomplishments in agricultural health include, in addition to the adoption of Decisions 328, 515 (Agricultural Health System), and 519 (Andean Subregional Program for the Eradication of Foot-and-Mouth-Disease -- 2002-2009), together with the approval of two Decisions (436 and 483) that establish the harmonized requirements and procedures for registering and controlling chemical pesticides for agricultural use and regulations for registering, controlling, marketing, and using veterinary products, permitting their proper use and handling in order to avoid and minimize damage to health and to the environment under authorized conditions, and facilitating trade in those items in the subregion. Resolution 630 that adopts the Andean Technical Manual for the Registry and Control of Chemical Pesticides for Agricultural Use is also worthy of note.

In the area of harmonization, attention should be drawn to the establishment of common requirements for facilitating trade within the subregion and with third countries in 31 agricultural products (14 products through Resolution 431 and 17 via Resolution 451), which represent a significant percentage of the subregion’s imports.

In regard to Animal health, it is necessary to underscore the approval through Resolutions 347 and 449 and their amendments of the common requirements for all species of domestic animals and products and byproducts of the animal kingdom covered by the NANDINA classification in effect, in order to contribute to trade in those items within the subregion and with third countries and to protect the subregion from the possible negative effects of pests and diseases.

Animal health requirements are updated continuously as changes occur in the health status of the animals and their products and new Resolutions are adopted, such as Resolutions 314, 315, and 623, among others. In order to facilitate this work, a series of technical cards have been prepared about the diseases of animals that are considered exotic in the Andean subregion and about endemic diseases that, despite not being prevalent, are economically significant to the Andean Community Member Countries.

As regards plant health requirements, because of their importance in the trade within the subregion, the Member Countries have given priority to 10 agricultural products and are updating the phytosanitary requirements for those products. In this effort, the national legislation of each Member Country, Community provisions, and international standards and guidelines are taken into account, together with the updating of the inventories of pests and the 519 technical cards that have already been prepared.

The Andean Subregional Register contains about 700 national provisions, including Decrees, Conventions, Ministerial Resolutions, and Agreements, duly classified by sphere of application. A provision must necessarily be included in this Register in order to be invoked in trade among the Member Countries.

The Subregional Inventory of Pests and Diseases Existing in the Subregion was adopted for application at the subregional level via Resolutions 403 and 419 of the Board of the Cartagena Agreement. The annexes to the Inventory are altered as changes take place in the Member Countries and are communicated to the CAN General Secretariat.

The pests and diseases whose existence in the Subregion has not been proven and that cause considerable damage to agricultural production, spread easily, are costly to control, difficult to eradicate and high risk for the Subregion are specified in the Basic Catalogue of Animal Pests and Diseases. Also indicated are the causal agents, animal or plant species affected, agricultural products and byproducts that may be affected and objects through which the pests and diseases may spread. The Catalogue lists, as well, the countries that are affected by these pests and diseases. Based on that Catalogue, it is forbidden to import into the Subregion animals, plants and any product capable of propagating those pests and diseases from third countries that are affected.

International Standards and Guidelines incorporated into the Andean Legal System. In formulating the Andean provisions, the national laws of the Member Countries and the international health provisions of entities governing the WTO’s Agreement on Sanitary and Phytosanitary Measures, FAO’s International Convention on Plant Health Protection (ICPHP), the World Organization for Animal Health (OIE), and the FAO/WHO Codex Alimentarius Commission have been considered. To date, international standards and guidelines developed by the ICPHP and the OIE have been incorporated as Andean Provisions and case studies of risks have been made based on the guidelines of the OIE’s International Animal Health Code and relevant Community provisions, among other things.

The design and the software for the Andean System of Animal and of Plant Health Information and Surveillance have been completed and the System is being tested with a view to starting its implementation in the second half of 2005.

Insofar as its external projection in this area is concerned, the Andean Community General Secretariat is recognized by FAO’s International Convention on Plant Health Protection as the Regional Body for Plant Health Protection. It also cooperates and collaborates with other regional phytosanitary protection organizations and international organizations like FAO, PAHO/WHO, and IICA.

The Andean Community General Secretariat also recently signed a cooperation agreement with the World Organization for Animal Health (OIE).