3.58.  Responsibility for developing and implementing sanitary and phytosanitary measures rests with the Ministry of Agriculture and Food Safety for measures relating to animal and plant health, animal medicine, seeds and pesticides, and the Ministry of Health for measures relating to food safety and pharmaceutical products.[117] The National Phytosanitary Authority is responsible for undertaking inspections and the testing of vegetables and vegetable products, for import, export and other purposes.[118] The National Veterinary Authority undertakes inspections and testing relating to animals and their products. The Institute of Fish Inspection carries out inspections related to fisheries products. The owners of these commodities are responsible for bearing the inspection costs

3.59.  Mozambique is a member of the Codex Alimentarius Commission, the World Organization for Animal Health (OIE) and the International Plant Protection Convention (IPPC)

3.60.  In 2008, the SADC Trade Protocol was amended to include an annex dedicated to SPS measures. The objectives of the annex are, inter alia, to improve member States' implementation of the WTO Agreement on the Application of SPS Measures, to enhance their technical capacity to monitor SPS measures and to provide a forum for addressing SPS-related matters including disputes.[119] SPS provisions are also contained in Articles 60-67 of the EU-SADC Economic Partnership Agreement (EPA) (Section 2).[120] This article, inter alia, contains provisions on cooperation to address problems arising from SPS measures, particularly on listed priority products and sectors[121]; capacity building; and exchange of information. The authorities confirmed that Mozambique has not entered into any agreements relating to the equivalence of SPS measures, inspection, or certification systems with third countries

3.61.  For WTO purposes, Mozambique's national notification authority is the National Directorate of Livestock, and its national enquiry point is the Plant Health Department; both fall under the responsibility of the Ministry of Agriculture and Food Safety. Mozambique has made two SPS notifications to the WTO, both in 2012. One notification informed Members of the entry into force of a regulation on phytosanitary inspection and plant quarantine in 2009 (see below).[122] The other is a notification by the National Plant Protection Organization of Mozambique of phytosanitary requirements to import certain commodities into Mozambique.[123] No specific trade concerns have been raised by WTO Members about Mozambique's SPS measures in the WTO's SPS Committee.[124]

3.62.  In the context of this Review, the authorities indicated that all SPS measures are based on international standards

3.63.  Over the review period, there have been several changes to SPS-related laws and regulations, namely in the areas of: animal health; plant health; GMOs; seeds; pesticides; and food of aquatic origin

3.64.  Animal health regulations are set out in Decree No. 26/2009 of 17 August 2009, which revokes Decree No. 08/2004 of 1 January 2004.[125] The authorities indicated that changes were introduced in order to update Mozambique's regulatory framework to reflect new SPS realities, and that they are now working on a further update. The animal health regulations, inter alia, prescribe the procedures for controlling animal diseases within the country, and contain rules and conditions for importing and transporting livestock and derived products. They set out certification and licensing requirements and procedures; animal health measures; and penalties for non‑conformity.[126] Each import consignment of animals and their products (as well as their by‑products, fodder and organic products) must be accompanied by an international health certificate from the official veterinarian of the exporting country and an import licence (valid for 60 days) obtained from the Mozambique Veterinary Authority. A transit licence, also obtained from the Mozambique Veterinary Authority, is required for such goods in transit. The entry, exit and transit of goods covered by the regulations must be in sealed vehicles or containers. All goods are inspected at the border and all health-related charges relating to imports, exports and transit of these goods are borne by the carrier; these are set out in Ministerial Diploma No. 9/2007 of 31 January 2007.[127] The authorities indicated that certain products must pass through specific border posts. Under the animal health regulations, the Veterinary Authority is charged with proposing to the Government restrictions on imports of goods of vegetable origin which it suspects are the cause of animal disease. The importation of animals fed with hormones (or their products) is not permitted

3.65.  Decree No. 5/2009 of 1 June 2009 on the Regulation of Phytosanitary Inspection and Plant Quarantine aims to prevent and control pest propagation in the country.[128] In particular, its objectives are to prevent the introduction and spread of harmful organisms; to control and eradicate such pests; and to secure the necessary means to undertake phytosanitary inspection and certification of imports and exports.[129] The 2009 Regulations replace Diploma No. 134/2002, with changes designed to strengthen Mozambique's capacity to comply with international quality and phytosanitary standards to support its exports, and ensure Mozambique's compliance with IPPC international phytosanitary standards and IPPC guidelines (Mozambique joined the IPPC in 2008).[130] The National Phytosanitary Authority is charged with implementing the provisions of the Decree, including determining plant quarantine measures. Requirements and restrictions for plants are contained, on a product-by-product basis, in Annex I to the Decree; if a product is not on this list then it is subject to pest risk analysis. Imported goods falling under the scope of this regulation may be imported through any official border point. In the context of this Review, the authorities indicated that national infrastructural weaknesses and a shortage of expertise made it challenging to do their job properly; they often collaborate with regional institutions, particularly with respect to detection of new pests. They also noted that an update to the Regulations is currently being undertaken in order to respond to changes to the national phytosanitary situation and to facilitate market access for Mozambican exports

3.66.  The regulation of seeds is governed by the Seeds Regulation Decree No. 12/2013 of 10 April 2013, which revokes an earlier decree dating back to 1994 and its implementing regulations.[131] The new Decree consolidates various seed-related regulations into one; it introduces a system for plant variety registration at the SADC level and standards for the certification of seeds; and it removes a prohibition on GMO seed (which now comes under Decree No. 17/2014). The Decree introduces procedures for the certification, import and export of vegetable materials. Importers must be registered with the National Seed Authority, which falls under the Ministry of Agriculture and Food Safety. For imports of seeds which are listed on a national official list, permission per shipment is required from the National Seed Authority and SPS requirements must be followed. Seeds not contained on this list may only be imported for personal use or for research purposes and, in these cases, permission is required from the Ministry of Agriculture and Food Safety. Quality certificates are required, either from the OIE or from the competent authority in the country of origin. All imports of seeds accompanied by an OIE or a SADC seed harmonization system certificate are not tested in Mozambique; in all other cases, testing takes place

3.67.  A new decree on GMOs entered into force in 2014 (Decree No. 17/2014). However, a copy of this legislation was not made available and its implications for the production and trade of products containing GMOs could not be ascertained

3.68.  The Pesticide Management Regulation entered into force in 2009 (Decree No. 6/2009)[132]; it aims to ensure all processes involving working with or handling pesticides (inter alia, including imports and exports) are executed without prejudice to public, animal and environmental health. Under the regulations, companies importing registered pesticides must obtain a Pesticide Importer Registration Certificate from the National Directorate of Agricultural Services (Direco Nacional dos Servios Agrrios, DNSA).[133] In assessing the request, the Registrar of the DNSA may visit the applicant's premises to ensure certain conditions are in place (i.e. storage, capacity, handling conditions, and qualifications of personnel). Certificates are valid for one year (renewable for one year). Import permits are required for each shipment of pesticides; these are issued by the Registrar of the DNSA, are valid for three months (extendable for a further three months) and are subject to a fee. Importers must provide import information to the DNSA within 15 days of importation. Large quantities of imports must be accompanied by an analysis certificate. Imported pesticides must be valid (i.e. be useable) for at least a year and a half

3.69.  A regulation on the hygiene and sanitary controls for aquatic food products entered into force in 2010 (Decree No. 76/2009 of 15 December 2009).[134] Its objectives are to implement new rules to fulfil export market requirements, provide better consumer protection, and verify compliance. The Regulation charges the competent authority, the National Institute of Fish Inspection, with issuing rules on official controls of imported products and on the import process itself. These rules are set out in Ministerial Order No. 135/2011 of 27 May 2011, which stipulates that imports of food products of aquatic origin (weighing over 10 kg) and of feed for aquatic animals (regardless of the amounts) must be accompanied by a sanitary import licence issued by the competent authority.[135] Imported food products and feed must: comply with the hygiene and health requirements contained in Ministerial Decree No. 154/2010 of 24 August 2010 on hygiene and health requirements for the production of aquatic origin food; be accompanied by a heath certificate from the country of origin; be transported in a means of transport so as to prevent contamination; comply with official rules relating to food of aquatic origin; and come from a place declared free from aquatic animal diseases. Importers must request the inspection of batches of food products of aquatic origin at least five days before they are imported and, once landed, the goods must be stored in a facility licensed by the competent authority

3.70.  Other SPS-related laws in force which remained unchanged over the review period are: Decree No. 15/2006 of 22 June 2006, which approves the regulations on hygienic-sanitary requirements of production, transport, trade, inspection and surveillance of food[136]; and the regulation on imported food (Ministerial Diploma No. 80/87 of 1 June 1987).[137]

3.48.  The Instituto Nacional de Normalizao e Qualidade (INNOQ) remains the administrative authority charged with standard setting, metrology and conformity assessment. The legislation governing its establishment and operation is Decree No. 2/1993 of 24 March 1993, as amended by Decree No. 74/2013 of 31 December 2013.[105] The INNOQ falls under the supervision of the MIC and it is the WTO enquiry point for TBT-related issues. No specific trade concerns have been raised about Mozambique's TBT measures in the WTO TBT Committee. The INNOQ notified the ISO/IEC Secretariat of its acceptance of the Code of Good Practice annexed to the WTO TBT Agreement.[106]

3.49.  Provisions on regional cooperation in the area of standards and technical regulations are contained in Article 17 of the SADC Trade Protocol and the Trade Protocol's 2008 Annex on Technical Barriers to Trade.[107] Under Article 17 of the Trade Protocol, SADC member States agreed to use relevant international standards as a basis for standards-related measures, except where they are inappropriate. They also agreed, to the greatest possible extent, to make their standards-related measures compatible, so as to facilitate the trade of goods and services within the Community.[108] The objective of the Annex on Technical Barriers to Trade is to establish a common technical regulation framework supported by regional TBT cooperation structures, so as to identify, prevent and eliminate unnecessary TBTs amongst member States and their other trading partners. This is to be achieved through harmonized standards, technical regulations and conformity assessment procedures. The Annex contains various provisions on requirements member States must follow in developing and implementing national standards, technical regulations and conformity assessment procedures. It also establishes seven regional TBT cooperation structures to further the objectives of the Annex.[109] Of these, the SADC Technical Regulation Liaison Committee, inter alia, provides a forum for identifying common technical regulations to be implemented in the region. The authorities reported that, as at November 2016, no technical regulations had been harmonized at the SADC level. The SADC Cooperation in Standardization promotes the coordination of standardization activities with a view to harmonizing standards in the region. Up-to-date information was not available regarding the number of standards that have been harmonized at the regional level.[110]

3.50.  Over the review period, a Metrology Decree Law (Decree Law No. 2/2010) and a Standardization and Conformity Assessment Regulation (Decree No. 59/2009, as amended by Decree No. 19/2010) entered into force. These have both been notified to the WTO.[111] The Standardization and Conformity Assessment Regulation sets out the legal framework for technical regulations as well as standardization and conformity assessment in Mozambique

3.51.  In the context of this Review, the authorities indicated that Mozambique has not entered into any mutual recognition agreements with trading partners relating to technical regulations and conformity assessment procedures. However, protocols or MoUs have been signed between the INNOQ and ASTM International (which allows the INNOQ to receive their standards free of charge), the Angolan Institute of Standardization and Quality (IANORQ), and the Portuguese Quality Institute (IPQ) respectively. Protocols/MOUs with IANORQ and IPQ cover cooperation in various areas

3.52.  As noted in Mozambique's previous Review, demands for voluntary standards typically originate in the private sector, via the Confederation of Economic Associations (Confederao das Associaes Econmicas, CTA), and are communicated to the INNOQ. The INNOQ has a three-year strategic plan for standard setting, which it develops in consultation with stakeholders. Proposed standards are considered by one of the INNOQ's five sectoral technical committees.[112] According to the authorities, most Mozambican standards are based on international standards (ISO, IEC and Codex Alimentarius). They are developed in accordance with international norms described in INNOQ's Directive 1 of 1998. The Directive recommends 60 days for public comments on the draft standard before its approval as a Mozambican standard. Regional standards from the SADC, the ARSO, the EAC and the EU may also constitute a source for the development of Mozambican standards. After approval as voluntary standards, the INNOQ gazettes them annually or whenever necessary. As at 2015, there were 915 approved Mozambican standards

3.53.  As set out in Chapter IV of Decree No. 57/2009, the development of technical regulations is the responsibility of the competent authorities (ministries or state institutions) in areas where the product or service process may pose risks to the health and safety of the consumer or the environment. Technical regulations should be based on national standards. The Decree specifically requires all technical regulations to be transmitted to the INNOQ, so as to be notified to the WTO prior to their approval, with a period of 60 days for comments from interested parties. As indicated by the authorities, the development and approval of standards follows a seven-step process: (1) technical regulations are proposed; (2) the technical board reviews the proposal; (3) the proposal is submitted to stakeholders (ministries, private sector and WTO Members through the WTO Secretariat) for public consultation with a 60-day period for responses; (4) harmonization of comments from stakeholders; (5) the technical board approves the proposal; (6) the proposal is approved at the levels of the advisory council and then the Council of Ministers; and (7) publication in the Government Gazette (Boletim da Repblica). The authorities indicated that technical regulations no longer in use are eliminated by the replacement with new ones. The new regulation states which regulation it replaces or, if applicable, the specific chapter/clause that is no longer valid. At least 11 technical regulations have been replaced since 2009

3.54.  Information was not available regarding the number of technical regulations in force. Mozambique has notified five technical regulations to the WTO Secretariat (Table 3.19). It has also notified its 2003 Quality Policy and Implementation Strategy and its 2003 Industrial Licensing Regulation.[113]

3.55.  Conformity assessment procedures and principles are set out in Chapter V of Decree No. 57/2009. This specifies that conformity assessment activities should be non-discriminatory, transparent, not constitute unnecessary barriers to trade and be based on technical standards and regulations. Conformity assessment activities may be carried out by suppliers, the buyer or consumer, or a third party. Conformity assessment procedures should be established according to the characteristics of the product, process or service to be evaluated. They may include: the supplier's declaration of conformity, certification, inspection, labelling and testing. Conformity assessment procedures for technical regulations should be established by the competent regulatory entity in partnership with the INNOQ, in order to be granted the right to use the national conformity mark. These procedures, when voluntary, are established by the INNOQ. The management of the national conformity mark is the INNOQ's responsibility. As indicated by the authorities, testing is conducted by both public and private testing laboratories. For imported products that have been tested and certified by an accredited body abroad, no additional certification or testing is carried out within Mozambique. Inspection and market surveillance is undertaken by the National Inspection for Economic Activities Authority (INAE). If products are found not to comply with relevant regulations either a fine may be issued or the commercialization of the product may be prohibited. The INAE may request Customs to prevent the entry of banned products

3.56.  Under the Pesticides Management Regulation, all pesticide packages must have a label approved by the Registrar of the Agrochemicals Registration and Control Department (Repartio de Registro e Controlo de Agroqumicos (RRCA)). This label must identify the product, the holder of the registration, preventative measures, warnings and precautions, directions for use and first-aid procedures. Labels must be expressed in the metric system. Specifications about active substances should be the same as those contained in the pesticide and should meet international standards. Information must be in Portuguese and may also simultaneously be provided in other languages. Imported pesticides need to carry the approved label before entering the Mozambican territory, except in exceptional and approved circumstances.[114]

3.57.  As mentioned above, pre-packed products are also subject to labelling requirements. A new regulation has also entered into force on the labelling and advertising of aquatic food products (Ministerial Order No. 247/2011); the various requirements (which, inter alia, relate to labelling of ingredients, quantities, conditions of use, and place of origin, etc.) apply to both domestically produced and imported products.[115] As noted in Mozambique's previous Review, the requirement to display origin on the label is for consumer protection purposes, not for determining origin in the customs sense (it has no bearing on the goods' tariff treatment).[116]