WORLD TRADE
ORGANIZATIONG/LIC/Q/GTM/3
12 July 2007
(07-2965)
Committee on Import Licensing Original: Spanish
NON-AUTOMATIC LICENCES FOR THE IMPORTATION OF EGGS1
Replies by Guatemala to Questions posed by Mexico2
The following communication, dated 25 June 2007, is being circulated at the request of the
delegation of Guatemala.
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As the Members of the Committee on Import Licensing are already well aware, in the agenda
of the meeting of the Committee on 15 June 20053Mexico submitted questions to Guatemala with
regard to the "importation of eggs".
Guatemala replied to the questions posed by Mexico, which, at the Committee's meeting on
30 October 2006, submitted further questions on the subject.4Following a number of consultations
between the respective Missions in Geneva and the experts in the capitals, we are providing herein the
replies of the Government of Guatemala to the questions posed by Mexico at that meeting of the
Committee.
1. Article 1 of Guatemala's Ministerial Decision ( Acuerdo Ministerial ) 1090-2001 refers to "the
statutory import requirements laid down by the competent departments". What are these requirements
in the case of eggs (subheading 040700)? Please provide an exhaustive list of these requirements?
Ministerial Decision 1090 concerns the requirements established by the Ministry of
Agriculture. The subheading in question (040700) refers to "birds' eggs, fresh, preserved or cooked":
in the case of fresh eggs it is the Ministry of Agriculture, Livestock and Food (MAGA) which issues
the animal health authorization, while in the case of preserved or cooked eggs the Ministry of Public
Health and Social Security (MSPAS) issues the licence, but MAGA has to provide an animal health
certificate in conformity with Article 66 of the Regulations on Food Safety (Government
Decision 969-99).
2. According to Mexican egg exporters, Guatemala has a National Poultry Farming
Commission. Can Guatemala confirm that this is the case?
The National Avian Farming Technical Commission, as its duties and responsibilities make
clear, has solely an advisory, consultative and deliberative function under the Avian Health
Programme (PROSA), with a view to the coordination of campaigns and programmes. At no time
1Document G/LIC/4
2See documents G/LIC/M/24 and G/LIC/Q/GTM/2
3Document G/LIC/M/21
4See documents G/LIC/M/24 and G/LIC/Q/GTM/2G/LIC/Q/GTM/3
Page 2
does this Commission have anything to do with the authorization of products or by-products of avian
origin.
The only authority with power to authorize such imports is the Standards and Regulations
Unit through the Plant and Animal Health Department. In addition, the Regulations implementing the
Law on Plant Protection and Animal Health (Government Decision No. 745-99) lay down the
procedures for the importation of plant and animal products and by-products.
The transparency of the import requirements and the products that are allowed to enter the
country can be seen by consulting the online programme at the following address:
http://portal.maga.gob.gt/vudi-web/, which any person or entity interested in importing products into
the country may consult under the heading " Asistencia al Público " and the system automatically
issues a preliminary authorization without any intervention or decision by any Commission.
3. If this is so, who are its members and what are its powers?
The National Avian Technical Commission was established by Ministerial Decision No. 1585
of 2003; it has no power to intervene in the authorization of products entering the country. It has
specific functions in the coordination of programmes and campaigns for the control and eradication of
diseases.
ARTICLE 1. The National Avian Technical Commission is hereby established, to be known
henceforth for the purposes of this Decision as the Commission, as a consultative, deliberative and
advisory body to assist the National Poultry Farming Council, established by Ministerial
Agreement 52592-99, and the Avian Health Programme of the Ministry of Agriculture, Livestock and
Food.
ARTICLE 2. Membership of the Commission shall be as follows:
(a) The head of the Plant and Animal Health Department of the Standards and
Regulations Unit or his/her equivalent, who will act as Chairman;
(b) a representative of the College of Veterinary Surgeons and Livestock Specialists, who
will act as Vice-Chairman;
(c) a representative of the National Poultry Farmers' Association, who will act as
Secretary;
(d) a representative of the Department of Avian Pathology of the Faculty of Veterinary
Medicine and Animal Husbandry of the University of San Carlos of Guatemala, who
will act as Pro-Secretary;
(e) a representative of the Animal Health Sub-Department for Epidemiological
Surveillance of the Standards and Regulations Unit or his/her equivalent, as an
ordinary member;
(f) the head of the Avian Health Programme, as an ordinary member;
(g) a delegate from the International Regional Organization for Plant and Animal Health
(OIRSA), who will attend as advisor.
The Commission may invite any person or body that it considers necessary for the analysis of
specific topics.G/LIC/Q/GTM/3
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Each member of the Commission shall have a alternate chosen by the same authority or
institution to which the regular member belongs.
ARTICLE 3. The Commission shall have the following functions:
(a) To provide advice to the Standards and Regulations Unit, as the body responsible for
directing and implementing the Avian Health Programme, and to the National Poultry
Farming Council with regard to avian health;
(b) to act as a consultative body concerning the activities and standards that it is proposed
to implement with regard to poultry management;
(c) to propose to the Standards and Regulations Unit, as the body responsible for
directing and implementing the Avian Health Programme, and/or to the National
Poultry Farming Council, activities that the production sectors wish to implement in
conjunction with the Ministry of Agriculture, Livestock and Food;
(d) to propose to the National Poultry Farming Council or to the Standards and
Regulations Unit, as the body responsible for directing and implementing the Avian
Health Programme, projects, agreements or the contracting of activities and/or
services that may be implemented by national or international bodies;
(e) to provide any other advice and be available for consultation within the Commission's
field of competence.
4. Could Guatemala confirm whether the Commission's powers include that of issuing licences
for the import of eggs and, more specifically, the power to issue "operating licences for the import of
eggs" or licences of another class, the granting of which is governed not exclusively by sanitary
criteria?
The Commission does NOT issue licences for the import of eggs; that is solely the
responsibility of the Ministry of Agriculture through the Standards and Regulations Unit. As has
already been pointed out above, the Commission ONLY has advisory powers with regard to the
programmes for the control and eradication of diseases.
We repeat that it is the Ministry of Agriculture, Livestock and Food which has the power to
ISSUE IMPORT LICENCES AND ANIMAL HEALTH AUTHORIZATION in conformity with the
Law on Plant and Animal Health, Decree 36-98, this being exclusively the responsibility of MAGA
through the Standards and Regulations Unit.
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