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]