DECISION 328: Andean
Agricultural and Livestock Health
THE CARTAGENA AGREEMENT COMMISSION
CONSIDERING the Article 74 of the
Agreement, Decisions 16, 92, 122, 127 and 195 of the Commission and the
Proposal 254 of The Joint; and
WHEREAS it is imperative that the Andean
Subregion update the mechanism that allows Member Countries to maintain
continuous and coordinated supervision against the risk of attack by pests
and exotic diseases in agriculture and livestock, as well as to prevent
dissemination and contagion of those presently existing in its territory,
without same constituting a blanket restriction on intra-subregional
agricultural and livestock trade;
Adhering to the spirit and the provisions
of the Cartagena Agreement, Member Countries must provide lively intra-subregional
trade of farm products, facilitating the stocking of markets with goods
from the subregion to replace importation from other areas;
Said brisk trade requires raising the
sanitary levels of agricultural and livestock production, the application
of common appropriated norms for the prompt and safe mobilization of
agricultural and livestock products, object of the interchange and the
establishment of joint action programs;
The Andean Presidential Council, at its
Fourth Meeting held in La Paz, Bolivia, agreed on the adoption of a Common
Andean Agricultural and Livestock Policy, which on the subject of
Agricultural and Livestock Health covers the evaluation of existing
national and subregional norms and programs, to pursue its updating and
THAT THE ANDEAN AGRICULTURAL AND LIVESTOCK
HEALTH SYSTEM SHALL
Article 1: To update the Andean
Agricultural and Livestock Health System that serves as a framework for
the preservation and improvement of the sanitary state of agriculture and
livestock of Member Countries by complying with sanitary regulations and
as a legal instrument for facilitating the trade of agricultural and
livestock products insofar as compliance with the sanitary requirements is
Article 2: The objectives of the Andean
Agricultural and Livestock Health System are as follows:
a) To coordinate and develop at the Andean
level the actions of Subregional Agricultural and Livestock Health, within
the priorities of the integration process and the guidelines established
in the present Decision, in order to favor trade interchange, improvement
of foodstuffs production and productivity, the economic development of
Member Countries and contributing to the protection of human health.
b) To participate jointly in international
negotiations or with third countries on technical and commercial subjects
related to agricultural and livestock health. Such positions shall be
adopted through the Andean Technical Committee on Agricultural and
c) To maintain continuous and coordinated
surveillance of the risk of pests and exotic diseases attacking
subregional agriculture and livestock.
d) To prevent dissemination and contagion
by already existing pests and diseases within their territory, without
constituting blanket restrictions on intra-subregional agricultural and
e) To make available deft procedures for
applying Andean Agricultural and Livestock Health instruments and ensure
compliance with Andean health regulations.
f) To harmonize phytosanitary and
zoosanitary legislation for the adoption of subregional sanitary norms and
to harmonize sanitary registers.
g) To favor cooperation and development of
joint action programs for the exclusion, prevention, control and
eradication of vegetable and animal pests and diseases.
ELEMENTS OF THE SYSTEM
Article 3: The Andean Agricultural and
Livestock Health System covers the following elements:
a) The General Index of Sanitary
b) Institutional Structure.
c) Inventory of Pests and Diseases of
economic importance, affecting the subregional agriculture and livestock.
d) Physical infrastructure available for
the Agricultural and Livestock Health.
e) The Register of Subregional Regulations
applicable to intra-subregional agriculture and livestock trade with third
f) Joint Action Programs for sanitary
protection of agricultural and livestock.
g) The Andean Technical Committee on
Agricultural and Livestock Health (COTASA).
h) National Andean Technical Committees on
Agricultural and Livestock Health.
GENERAL INDEX OF SANITARY REGULATIONS
Article 4: The General Index of Sanitary
Regulations is a summary compilation of existing provisions on vegetable
and animal health in the Subregion and in each of the Member Countries,
filed and classified so as to permit their fast identification. Said
provisions shall have attached their official texts in cases where they
- The function of the General Index of
Sanitary Regulations is to facilitate the identification of norms
according to categories covered by the Andean Agricultural and Livestock
- The Joint is responsible for
consolidating and maintaining the information updated in the General Index
of Sanitary Regulations. For this purpose, Member Countries must send the
official texts of existing Sanitary Regulations and of those regulations
to be adopted in the future, according to the terms of the present
- Member Countries will ensure that the
information reaches The Joint through the Offices of Animal Health or
- The updating of the General Index of
Sanitary Regulations implies the incorporation of new norms and the
removal of those norms that were derogated.
Article 5: Said compilation shall contain
the following standard identification points:
a) Type of provision, law or decree with
weight of such executive decree, regulation, ministerial agreement,
administrative provision, in that order;
b) Numbed of legal provision;
c) Date of issue and validity; and
d) A phrase manifesting, essentially, the
content of same.
Article 6: For the purpose of order and
classification of the Index regulations, these shall be included, as
pertinent, in the following categories:
a) General Sanitary Regulations;
b) Specific Sanitary Regulations;
c) General Sanitary Regulations for
d) Specific Sanitary Regulations for
e) General Sanitary Regulations for
f) Specific Sanitary Regulation for
of the present Decision indicates
the content and scope of each of these categories.
Article 7: The institutional structure
shall cover the conformation, hierarchy, objectives, functions and
technical personnel of the official bodies responsible for designing and
applying the norms, faithfully for carrying out the health programs, as
well as the subregion and national Technical Committees and other bodies
or entities providing sanitary services according to law.
INVENTORY OF PESTS AND DISEASES AFFECTING
SUBREGIONAL AGRICULTURE AND LIVESTOCK
Article 8: Member Countries shall transmit
to the Joint the Inventory of Plagues and Diseases that affect their
domestic agriculture and livestock. The Joint will consolidate the
information and draw up the Subregional Inventory of Plagues and Diseases
that are economically important to the Andean Area, which shall be
approved by Resolution of the Joint of the Cartagena Agreement.
Countries shall remit information within a
term not greater than sixty (60) working days after the present Decision
is approved, according to the format in ANNEX
For a Member Country to declare itself free
from pests or disease it shall act according to the criteria and
procedures established by the Andean Technical Committee on Agricultural
and Livestock Health, which may, if necessary, take into account the
criteria and procedures established by specialized international agencies
(FAO, WEO, WHO/PAHO) and Regional Sanitary Protection Agencies (RSPA).
Whenever a Member Country detects the
presence of a new plague or disease, or manages to eradicate pests or
disease, it shall communicate same to the Joint, accompanied by the
corresponding technical card filed. The Joint, upon prior verification if
necessary, shall proceed to enter same in the respective subregional
inventory and to inform other Member Countries of same.
PHYSICAL INFRASTRUCTURE OF AGRICULTURAL AN
Article 9: The physical infrastructure
shall include information and description of the installations, quarantine
stations, ports, airports, postal customs and border posts authorized for
trade, fumigation and disinfecting installations and equipment, production
centers for biologicall and therapeutical products, quality control
centers, diagnosis laboratories, field offices, etc. of both the public
and private sectors.
Said description shall cover the operative
capacity of the installations used to apply sanitary treatments and shall
be subject to the filed card that appears in ANNEX II
of the present
SUBREGIONAL SANITARY REGULATIONS REGISTER
Article 10: The general purpose of the
Register of Subregional Sanitary Regulations is to contribute to safe and
brisk handling of agricultural and livestock products traded at the
subregional level and with third countries. Said Register seeker
compliance with the following specific objectives:
a) To prevent the infestation of plagues
and exotic diseases that might threaten agriculture and livestock in the
b) To prevent or diminish the dissemination
of diseases and the proliferation of existing plagues in the Subregion;
c) To make available timely and generalized
knowledge of the health requisites that must be met in the interchange of
agricultural and livestock products;
d) To develop harmonized sanitary
e) To prevent that sanitary regulations
being utilized as blanket restrictions on intra-subregional trade.
Article 11: The Register of Subregional
Regulations is made up of the following elements:
a) A Register of Subregional Sanitary
Regulations to be applied in the trading of agricultural and livestock
b) A Basic Catalog on Pests and Diseases
Foreign to the Subregion.
c) Phytosanitary and Zoosanitary
Certificates and Phytosanitary and Zoosanitary Permits.
Register of Subregional Sanitary
Article 12: The Register of Subregional
Sanitary Regulations shall contain the common norms adopted by Resolution
of the Joint of the Cartagena Agreement, as an indispensable sanitary
requirement or guarantee for trading agriculture and livestock products
and their articles within the Subregion.
In order to invoke sanitary regulations
passed by a Member Country, towards another Member Country, these shall be
inscribed in the Subregional Register according to the procedures
established in Article 30 of the present Decision. Member Countries shall
remit information to The Joint according to ANNEX V-1.
The Registered Subregional Sanitary
Regulation shall come into force once published in the Official Gazette of
the Cartagena Agreement.
The Member Country that considers that one
or various common regulations, whose reason for their creation has now
disappeared, represent obstacles to trade of agricultural and livestock
products, may request the Joint to study the case, accompanying the
application with the supporting technical documentation.
The Joint may:
- Resolve the case directly;
- Convoke a meeting of the Andean Technical
Committee on Agricultural and Livestock Health; or
- Submit to a direct consultation of the
official representatives of COTASA;
Based on the above a Resolution will be
issued which shall be respected by the interested parties.
Article 13: Only agricultural and livestock
products originating in the Subregion and imported by any Member Country
may be the object of application of the registered Sanitary Regulations,
It is therefore understood that the
importation of agricultural and livestock articles or products coming from
the Member Countries, that satisfy the requirements established in these
norms, as well as the sanitary certificates issued in compliance with
same, may not be ignored or be subject to the imposition of additional or
different conditions of a sanitary nature, except those cases identify in
Article 17 of this Decision.
Article 14: The country that wishes to
apply sanitary regulations that are not registered, should previously
request from the Joint their incorporation in the Register according to
the procedure established in Article 30 of the present Decision.
Article 15: Wherever applicable the
Registered Regulation should determine clearly the following aspects:
a) The product or group of products to
which it refers;
b) The objective or immediate destination
of said products, determining whether they are for consumption,
elaboration, research and scientific purposes, reproduction or breeding,
formation or expansion of germplasm and semen banks;
c) The specifications or restrictions of
the place of origin or physical location of the agricultural or livestock
production, from which the products referred to in the regulation are
d) Specification related to the gathering,
packing, storing and transportation of the products from their place of
production to the port of shipment or last exit station from the exporting
country, toward the importing country;
e) Specification relating to the
inspection: treatment, vaccinations, periods of observation and
quarantine, among others, with a clear indication of the substances and
- Products of prohibited application.
- Required times and doses.
- Terms or margins of tolerance prior to
final shipment within which to apply treatment.
- Levels of residual toxicity, indicating
those that are established in the Alimentary Codex FAO/OMS.
- Percentages of permissible intermingling
in the case of bulk shipments, capable to contain impurities or strange
- Requisites, if any, regarding the taking
of samples for analysis, their volume, etc.
- All other data that concerns the
objective recognition of the sanitary state of a shipment and the
application of sanitary prevention or control treatments that reduce or
eliminate the risks of contagion and dissemination of pests and diseases.
- In the case of biological products, there
shall be specified the production strains if they deal with antigenics,
live or inactive vaccines, and production methods and tests of
innocuousness and sterility.
f) Certification of the sanitary entities
of the exporting country authorized by the respective Plant Protection and
Animal Health Organizations of the Member Countries, or by those bodies
officially authorized by the Ministries of Agriculture, whose signatures
and seals shall automatically be considered as valid and sufficient by
agriculture and livestock Health authorities of other Member Countries.
For such purposes the respective official authorities of the Member
Countries should remit to Member Countries and to the Joint the lists of
persons authorized to issue said certification with their respective
signatures and seals.
g) In exceptional cases, explicit
identifying of official documents of a sanitary nature that must support
the shipment, required in addition to the Sanitary Certification issued by
the entities referred to in the previous sub-paragraph. In these cases
there should be indicated their validity, duration and the authority or
administrative group of the receiving country to which said documents must
be addressed in order that same proceeds to authorize the pertinent
measures to despatch the shipment and to deliver same to its destination.
h) Requirements and specifications relating
to the transport of the products in the cases of land, air, maritime, lake
or river transport; types of holders indicated and permitted, corrals of
cattle, general, required cooling systems with the required temperatures,
among others. In the case of large or small livestock on transportation,
whether the trips be of such duration that they require provision of water
and forage for animals, the Regulation shall also indicate the sanitary
requisites within which those must be complied with, as well as any other
relative care regarding rest, hygiene and general preservation of good
i) There shall be specified similarly the
requirements for inspection, treatment, quarantine, observation, that must
be complied with upon arrival of the shipment at the importing country
and, in all cases in which it is possible, other measures and requirements
that the interested parties must satisfy to conclude the despatch locally
of the merchandise once the Registered Regulation has been attended to and
j) There shall be determined the
requirements and sanitary controls for the luggage of international
passengers and mail parcels that arrive in the country by any means of
Article 16: The Andean Technical Committee
of Agricultural and Livestock Health shall draw up, unofficially or at the
request of some Member Country, the Joint or the Agriculture and Livestock
Council, the sanitary regulations at the Subregional Level they consider
advisable. To this effect, they shall apply to the Joint that, in
collaboration with the Member Countries or with specialized international
agencies, a Preliminary Draft of the Regulation be drawn up, which shall
be submitted to the consideration of Member Countries, in order to receive
The Joint shall adopt, through a
Resolution, the Andean Sanitary Regulation, which shall be registered for
its application at the subregional level according to the procedures
established in Article 30.
Article 17: In cases where sudden outbreaks
or infestations of any nature whatsoever occur within the Subregion or
outside of it, in areas presently or potentially dangerous to contagion,
there shall be demanded that when a Member Country that it has to
establish limitations or prohibitions distinct from those indicated in the
Registered Regulations, it may dictate temporary norms, specifying the
term of validity, which must be in agreement with the technical criteria
adopted by the Andean Technical Committee, which may take into account
those established by Regional and International Agencies (RIA, OIE, FAO),
related to quarantine principles and risk analysis.
The country that has taken such measures
shall proceed immediately to notify the Joint, by fax or telex, which in
turn shall do so immediately to the other Member Countries, in order to
prevent any harm that might affect them.
The Joint, per se or at the request of any
Member Country, and through a Resolution, following the established
technical criteria, may suspend or modify the measure at any moment
whatsoever, should investigations in the case demonstrate that same does
not imply any risk to the Member Country that established it, or for the
Article 18: If a Member Country consider
that the application of sanitary measures by another member country makes
it the object of unjustified restriction of its exportations, it may
request the country that applies to reconsider these measures, attaching
to the petition the necessary technical documentation.
If no agreement is reached between both
countries, the country that feels aggrieved may have recourse to the Joint
attaching to the petition of the supporting technical documentation.
The Joint within a period of not more than
six working days may request or carry out a verification in situ through
an inspection and when it deem necessary shall order a laboratory
analysis, for which the country formulating the restriction must provide
the necessary facilities and the aggrieved country must cover all the
costs arising from this measure.
To interpret the results of the inspection
and of the laboratory analyses, there shall be taken into account the
harmonized legal provisions and regulations, if any. Should it be
necessary, the Joint, in common accord with the countries involved, may
agree to request technical assistance from international bodies or from
specialized experts in agricultural and livestock health.
The Joint, based on the technical report,
shall proceed to hand down its decision, through a Resolution, within a
period not more than two working days from the end of the inspection or
the issuance of the report.
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