RESOLUTION 0084  
THE EXECUTIVE DIRECTOR OF THE PHYTO AND ZOOSANITARY REGULATION 
AND CONTROL AGENCY  
 
 
Considering:  
That, subsection 2 of Article 400 of the Constitution of the Republic of Ecuador states: 
"The conservation of biodiversity and all its components, in particular agricultural and wild 
biodiversity and the genetic heritage of the country, is declared of public interest";  
That , Article 401 of the Constitution of the Republic of Ecuador establishes: “Ecuador is 
declared free of transgenic cro ps and seeds. Exceptionally, and only in the case of 
national interest duly substantiated by the Presidency of the Republic and approved by the 
National Assembly, genetically modified seeds and crops may be introduced (…) ”; 
That, within the framework of t he World Trade Organization (WTO), the Agreement on the 
Application of Sanitary and Phytosanitary Measures (AMSF), establishes that member 
countries have the right to adopt sanitary and phytosanitary measures by the competent 
authority, necessary to protec t the health and life of people and animals or to preserve 
plants;  
That, the International Standards for Phytosanitary Measures (ISPM) of the International 
Plant Protection Convention (IPPC), such as ISPM No. 2 Framework for Pest Risk 
Analysis, ISPM No. 11  Pest Risk Analysis for quarantine pests, ISPM No. 21 Pest Risk 
Analysis for regulated non -quarantine pests and Resolution No. 025 of the Andean 
Community (CAN) procedures to carry out Pest Risk Analysis (PRA), by which the 
phytosanitary requirements of pl ant products are established import;  
That,  according to the International Standards for Phytosanitary Measures ISPM No. 32 
on "Categorization of products according to their risk of pests", scabiosa plants ( Scabiosa 
atropurpurea ) in artificial substrate for  planting, are in Risk category 4;  
That,  article 12 of the Organic Law of Agricultural Health, published in the Official Gazette 
Supplement 27 of July 3, 2017 establishes: " Create the Agency for the Regulation and 
Control of Plant and Animal Health, a technical entity of public law, with legal status, 
administrative and financial autonomy, decentralized, with headquarters in the city of Quito 
and national jurisdiction, attach ed to the National Agrarian Authority. This Agency is 
responsible for the regulation and control of animal health and welfare, plant health and 
food safety in primary production, in order to maintain and improve the phyto and 
zoosanitary status of agricult ural production (…) "; 
 
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That,  literal a) of article 13 of the Organic Law of Agricultural Health, published in the 
Official Gazette Supplement 27 of July 3, 2017 establishes that one of the Agency's 
competences and attributions is: “a) To issue technical regulations in phyto, zoosanit ary 
and animal welfare matters ”;  
That,  literal j) of article 13 of the Organic Law of Agricultural Health, published in the 
Official Gazette Supplement 27 of July 3, 2017, establishes that one of the Agency's 
competencies and attributions is: “ To certify and authorize the phyto characteristics and 
zoosanitary for the importation of plants, plant products, animals, livestock goods and 
regulated articles prior to the issuance of the corresponding authorization ”;  
That,  literal o) of article 13 of the Organic  Law of Agricultural Health, published in the 
Official Gazette Supplement 27 of July 3, 2017 establishes that one of the Agency's 
competences and attributions is: “Regulate and control the phyto and zoosanitary for the 
import and export of plants, plant pr oducts, animals, livestock merchandise and regulated 
articles, at the authorized entry points established”;  
That,  literal a) of article 22 of the Organic Law of Agricultural Health, published in the 
Official Gazette Supplement 27 of July 3, 2017 establishe s that "To maintain and improve 
the phytosanitary status, the Regulation and Control Agency will implement in the national 
territory and in the special zones of economic development, the following mandatory 
phytosanitary measures: a) Phytosanitary requirem ents ”; 
That,  the Sixth General Provision of the Organic Law of Agricultural Health, published in 
the Official Gazette Supplement 27 of July 3, 2017, establishes: “ By virtue of this Law, the 
personnel, assets, assets and liabilities of the current Agro Qua lity Assurance - 
AGROCALIDAD - will be integrated into the Phyto and Zoosanitary Regulation and Control 
Agency, which will assume the representations, delegations, rights, obligations, assets and 
liabilities of the former ”; 
That  article 118 of the Organic A dministrative Code indicates. "At any time the public 
administrations can revoke the administrative act for the interested parties, provided that 
such revocation does not constitute a dispensation or exemption not allowed by the legal 
system or is contrary  to the principle of equality of public interest or the legal system".  
That , Article 262 of the General Regulations to the Organic Law of Agricultural Health 
published in the Official Gazette Supplement 91 of November 29, 2019, indicates: “The 
PFIs will be  issued for plants, plant products and other regulated articles for which they are 
established phytosanitary import requirements”,  
 
 
 
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That,  Article 89 of the Administrative Legal Regime Statute of the Executive Function 
published in Official Gazette 536 of March 18, 2002, establishes: "The administrative acts 
issued by the bodies and entities to this statute are extinguished or amended at 
headquarters administrative ex officio or request of the a dministered ”.  
That , through Executive Decree 1017 of March 16, 2020, the Constitutional President of 
the Republic decrees: “Article 1. - DECLARE the state of exception due to public calamity 
through out the national territory, of the confirmed coronavirus c ases and declaration of a 
COVID -19 pandemic by the World Health Organization, which represents a high risk of 
contagion for all citizens and affects the rights to health and peaceful coexistence of the 
State, in order to control the emergency situation to guarantee the rights of people of the 
imminent presence of the COVID -19 virus in Ecuador ”:  
That,  through Executive Decree 1052 of May 15, 2020, decrees: “Article 1. - RENEW the 
state of exception due to public calamity throughout the national territory, du e to confirmed 
coronavirus cases and the declaration of a COVID -19 pandemic by the World Health 
Organization, which represent a high risk of contagion for all citizens and affect the rights 
to health and peaceful coexistence of the State, in order to contr ol the health emergency 
situation to guarantee the rights of p eople before the imminent presence of the COVID -19 
virus in Ecuador ”:  
That,  through Executive Decree 1074 of May 15, 2020, decrees: “Article 1. - DECLARE the 
state of exception due to public cal amity throughout the national territory, due to the 
presence of COVID -19 in Ecuador and due to the economic emergency survivor of the 
health emergency that the Ecuadorian State is goin g through, in order to be able,  to 
continue with the control of the dise ase through the exceptional measures necessary to 
mitigate its massive contagion; and on the other hand, to establish emerging mechanisms 
that allow facing the economic recession as well as the fiscal crisis, and generate the 
bases to start a process of ec onomic recovery for the Ecuadorian State ”;  
That , through personal action No. 0890 CGAF / DATH, of August 28, 2018, Mr. Xavier 
Enrique Lazo Guerrero, Minister of Agriculture and Livestock, Minister of Production and 
Minister of the Environment appoint as Executive Director of the Phyto and Zoosanitary 
Regulation and Control Agency  to Ing. Wilson Patricio Almeida Granja;  
That, by means of the Extraordinary Meeting held on August 28, 2020, the delegates of the 
Minister of Agriculture and Livestock, Minister of Production and Minister of the 
Environment app oint Eng. Wilson as Executive Director of the Phyto and Zoosanitary 
Regulation and Control Agency to Ing.  Patricio Almeida Granja;  
 
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That , in Resolution 0305 of December 30, 2016, which updates the procedure to prepare 
Pest Risk Analysis (PRA) studies by way of entry, for the establishment of phytosanitary 
import requirements for plants, plant products and regulated articles;  
That,  through Resolution 0034 of March 16, 2020, the mandatory phytosanitary 
requirements for th e importation of tomato seeds ( Lycopersicum sculentum)  for planting 
originating in Thailand were updated.  
That,  by means of Memorandum No. AGR -AGROCALIDAD / CSV -2020 -000274 -M, of 
June 24, 2020, the General Coordinator of Plant Health (e) informs the Executive Director 
of the Phyto and Zoosanitary Regulation and Control Agency  that: “(…) Through 
Resolution No. 0034 of March 16, 2020, the mandatory phytosanitary requirements for the 
importation of tomato seeds ( Lycopersicum sculentum ) for sowing originating in Thailand 
were updated, according to the second final provision of this Resolution, would come into 
effect 60 days from its publication in the Official Registry, due to the health emergency 
caused by COVID -19 it was not possible to make this publication, therefore in the fact  that 
there is a requirement of an Ecuadorian businessmen to import this propagative mater ial, 
authorization is requested for the review and legalization by the General Directorate of 
Legal Advice of the draft resolution that modifies the second final provision of the 
aforementioned Resolution, so  the phytosanitary requirements go into effect ”, which is 
authorized by the same authority of the institution through the QUIPIX document 
management system, and;  
In use of the legal contributions granted by the Organic Law of Agricultural Health and the 
Organic Statute of Organizational Management by processes of the Ecuadorian Agency 
for the assurance of the Quality of Agro - Agrocalidad.  
Solve:  
 
Article 1. - Reform the second final provision of resolution 0034 of March 16, 2020, which 
at the time of entry into force of this regulatory act will say the  following:  
"Second .- This Resolution will enter into force from its subscription without prejudice to its 
publication in the Official Registry."  
Article 2. - Except for what is considered in article 1 of this resolution, the articles 
contemplated in Resolu tion 0034 of March 16, 2020 remain in force in all its parts.  
 
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FINAL PROVISIONS  
 
First. - The General Coordination of Plant Health of the Phyto and Zoosanitary Regulation 
and Control Agency  is entrusted to the execution of this Resolution.  
Second. - This resolution will go into force as of its subscription without prejudice to its 
publication in the Official Registry.  
 
LET IT BE COMMUNICATED, PUBLISHED AND ENFORCED.  
Given in Quito, D.M. July the 16th, 2020.  
 
 
 
Executive Director of the Phyto and Zoosanitary Regulation and Control Agency  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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