120.  As of mid-2002, Venezuela had not made any notification to the WTO Committee on Sanitary and Phytosanitary Measures. The authorities point out that notifications are being prepared, through the Autonomous Agricultural Health Service (SASA) of the Ministry of Agriculture and Land (MAL), and that the technical assistance of the WTO Secretariat has been requested for this purpose. Animal products and livestock-farming inputs require a sanitary health permit issued by the MAL with a non-renewable period of validity of 60 calendar days from the date of issue. Imports of plant products require a phytosanitary certificate from the country of origin, prior inspection and the production of a phytosanitary permit as indicated in the customs tariff. The importation of agricultural inputs also requires an import permit which, as for agricultural products, has a non-renewable period of validity of 90 days. Between October 1999 and August 2000, every importer of products of animal origin and livestock-farming inputs had to be enrolled in the SASA's Single Register of Importers. This register was abolished on 31 August 2000 (Official Gazette, Special Edition, No. 5.486)

121.  Another requirement for the importation of animals and animal products or by-products is that they also be registered with the SASA by the producer, exporter or importer. The products must enter the country accompanied by an official sanitary certificate issued by the competent officials of the country of origin.[40] Since November 1998, these sanitary certificates may be submitted directly to the Venezuelan authorities, without having to be legalized by the Venezuelan consular authority in the country of origin.[41] The importation of a certain group of food products (HS 03, 04, 05, 16, 19, 20 and 21) is also subject to the obtaining of an import licence from the Ministry of Health and Social Development (MSDS), in accordance with the provisions of Decree No. 989 of 28 November 1995 and subsequent amendments (Table AIII.4). The customs tariff makes a series of food products, medicaments and active principles of Chapters HS 02, 03, 04, 05, 12, 13, 17, 25, 28, 29, 30, 38 and 56 subject to legal regime 3, which requires a sanitary permit to be obtained from the MSDS

122.  SASA is authorized to restrict or prohibit the importation, marketing or use of a product, provided there are no sanitary reasons preventing it from doing so. SASA's Standing Technical Advisory Body will recommend and indicate the appropriate course of action on the basis of a risk analysis. In 2001, the Codex Alimentarius Committee was established to review the standards and coordinate the mechanisms relating to the protection of consumer health, to facilitate trade in foods and to ensure the application of "fair" commercial practices in respect of foods.[42] The Committee will also have to act as coordinator of the work of the MAL, MSDS and MPT. As of September 2002, the Committee had not yet begun to function

123.  The sanitary and phytosanitary control of fishery and aquaculture products and by-products is the responsibility of the MAL's National Fisheries and Aquaculture Institute (INAPESCA), in coordination with the MSDS . INAPESCA was set up under the Fisheries and Aquaculture Law promulgated in November 2001, but actually began to function in March 2002. Wild animals and their products can only be imported under cover of a licence issued by PROFAUNA, an autonomous service of the MARNR. To obtain this licence it is necessary to submit documentation issued by the competent authority of the country of origin to show that the specimens were lawfully obtained or trapped.[43]

124.  Alongside its national sanitary regulations and as part of the coordination in sanitary matters between member countries, Venezuela also applies Andean sanitary standards. Decision 328 of the Commission of the Council of the Cartagena Agreement of 22 October 1992 established the Andean Agricultural Health System which serves as a framework for the coordination of member country policies and as a legal instrument for ensuring that sanitary and phytosanitary measures do not constitute barriers to trade in agricultural products.[44] As part of the System, there is an Andean Subregional Register containing approximately 600 national standards. A standard must be entered in this Register in order to be invoked for purposes of trade between member countries

125.  Decisions 436 and 438 were approved as part of the policy of coordination in agricultural health between member states of the Andean Community. These decisions establish the requirements and harmonized procedures for the registration and control of agricultural pesticides and standards for the registration, control, marketing and use of veterinary products, respectively. With respect to the harmonization of phytosanitary policies, common importation requirements applicable to the intra-subregional and third-country trade in 31 agricultural products were laid down under Resolutions 431 and 451 of the Council of the Cartagena Agreement. These requirements include phytosanitary certificates, controls, quarantine, etc.[45] The harmonization of zoosanitary policies is even more advanced, since Resolutions 347 and 449 establish common requirements for all domestic animal species and animal products and by-products in the current NANDINA nomenclature. Decisions have also been adopted in other areas

107.  The main legislation on technical regulations and standards is contained in the Law on Technical Standards and Quality Control of 30 December 1979; Decree No. 989 of 29 December 1995 and amendments; and Resolution of the Ministry of Industry and Trade No. 044 of 24 March 1998. In March 2002, the Organic Law on the Venezuelan Quality System was approved; this Law was notified to the WTO in September 2001; however, in August 2002 it had not yet been published in the Official Gazette and therefore was not yet in force.[37] This Law contains provisions relating to standardization, certification, testing, accreditation, metrology, standards, technical regulations and quality control in the areas of manufacturing and trade in goods, the provision of services, the introduction, distribution and marketing of imported goods, and the exportation of Venezuelan goods and services

108.  In Venezuela, technical standards policy is the responsibility of the Ministry of Production and Trade which implements it through the National Autonomous Standardization, Quality, Metrology and Technical Regulations Service (SENCAMER).[38] SENCAMER concerns itself, under delegation from the Ministry of Production and Trade, with technical standardization, quality control and certification programs and maintains the register of mandatory technical regulations, as well as having national responsibility for metrology. SENCAMER accredits certification and inspection agencies and testing laboratories. In Venezuela, the Fund for Standardization and Quality Certification (FONDONORMA), BUREAU VERITAS, AQSR and FUNSEIN are the organizations accredited by SENCAMER for certifying products and quality systems. SENCAMER is responsible for applying mandatory technical standards and also acts as the contact point under the WTO Agreement on Technical Barriers to Trade, in accordance with State guidelines and requirements, and the regional and international treaties to which Venezuela is a signatory

109.  FONDONORMA is a partnership with legal personality and its own assets whose task is to develop technical standards and promote and carry out certification activities. FONDONORMA also participates in the framing of policies and strategies in the field of standardization and quality certification and advises the State on their implementation. FONDONORMA is the enquiry point for technical barriers to trade. In 1996, Venezuela accepted the Code of Good Practice for the Preparation, Adoption and Application of Standards

110.  FONDONORMA draws up COVENIN standards (Venezuelan technical standards). Its standardization activities are carried on through various strategic technical committees and technical commissions in specific fields. Participation in the technical committees is open to the public sector, the private sector, the research institutes, the universities, consumers and users, traders and, in general, to anyone interested in the process of drafting standards. FONDONORMA also has a Higher Council, composed of 21 members drawn from the public and private sectors, which is responsible for giving opinions on standardization projects submitted to it for consideration. If the Higher Council decides to make comments, they must be examined and dealt with by the corresponding Technical Committee. If it makes no comments, the drafts are approved as Venezuelan COVENIN standards

111.  A Venezuelan COVENIN standard can be converted into a Technical Regulation if during the process the draft standard is accompanied by a document which makes a consistent case for its being made mandatory, based on the protection of the environment or the health, safety and life of users. If this supporting document is accepted, the FONDONORMA Technical Committee which prepared the draft submits the adoption of the standard as a technical regulation for consideration by the Higher Council. If the Council approves, it is returned to SENCAMER, which revises it and notifies the WTO. Then SENCAMER sends it to the Legal Service of the Ministry of Production and Trade which publishes it in the Official Gazette under a Joint MPT/SENCAMER Resolution. In Venezuela, technical regulations issued under this procedure are called mandatory standards. In addition to COVENIN standards, regulations prepared by other public entities and designated resolutions or decrees may acquire the status of technical regulations

112.  The preparation of standards and technical regulations is generally based on international standards or standards of other countries. Only a small percentage of COVENIN standards are mandatory

113.  Resolution of the Ministry of Industry and Trade No. 044 of 24 March 1998, which has been in force since 9 August 1998, requires Venezuelan and imported products for which mandatory Venezuelan COVENIN standards (technical regulations) have been issued to be entered in the Register of domestic and imported products subject to the mandatory Venezuelan COVENIN standards regime. In this case, products marketed in the country, whether imported or of domestic manufacture, must comply with the mandatory COVENIN standards in force, which the marketers must demonstrate by submitting to SENCAMER certificates of conformity, laboratory test reports or seals of quality or conformity issued by an accredited entity in the country of origin of the goods or by SENCAMER in Venezuela

114.  Certification is based on COVENIN standards or on international or regional standards, as the case may be. The Venezuelan Quality Certificate (CERTIVEN) certifies conformity with a standard or technical regulation in force and is granted by the State and FONDONORMA. Certificates are valid for one year. Venezuelan producers who comply with COVENIN standards can obtain a declaration of conformity. The bodies accredited by SENCAMER for certifying quality and environmental systems under the ISO 9000 and ISO 14000 series are FONDONORMA, BUREAU VERITAS, AQSR and FUNSEIN. Altogether, there are 35 testing laboratories and one calibration laboratory, accredited under International Standard COVENIN-ISO 17025, that carry out quality controls in the food, chemical, pharmaceutical, oil, automotive, textile, metallurgical and engineering, calibration, building materials and industrial safety sectors

115.  FONDONORMA holds a series of meetings with the private sector and various ministries for the purpose of drafting standards. In September 2001, there was a total of 17 active meetings with producers associations and other similar groups representing the food, chemical, glass, iron and steel, etc. industries. Some of these standards may result in technical regulations. On the basis of conformity with COVENIN standards, FONDONORMA, BUREAU VERITAS, AQSR and FUNSEIN issued 367 COVENIN-ISO product and system certificates between 1996 and 2001. At international level, FONDONORMA is an active member of the Pan American Standards Commission (COPANT) and represents Venezuela in the International Organization for Standardization (ISO)

116.  Between 1994 and the end of August 2001, the number of COVENIN standards in force rose from 3,142 to 3,727, i.e. by approximately 19 per cent. In recent years, most approvals have corresponded to amendments of existing standards. As already noted, most COVENIN standards are voluntary; in August 2001 there were only 386 technical regulations (mandatory standards according to the nomenclature used by COVENIN), applicable to a total of 294 NANDINA subheadings. In September 2002, only 24 of these technical regulations had been notified to the WTO. The list of products subject to mandatory COVENIN standards covers a broad range of goods such as some foodstuffs (chicken, fish, rice, flour, oils, sugar, cocoa), petroleum products, cement, toys, pneumatic tyres, some textile and leather products, pipes, storage batteries, and car parts. Grouped by HS Section, the greatest concentration of technical standards is in Sections 03 (Fats and oils) and 17 Means of transport) (Chart III.2). Some products are subject to more than one mandatory Venezuelan COVENIN standard at the same time

117.  Through the Autonomous Agricultural Health Service (SASA), the Ministry of Production and Trade is responsible for quality control and inspection in respect of everything relating to the manufacture, processing, importation, exportation, storage, distribution and marketing of food, biological products, medicaments and animal feed, as well as for the laboratories that control the quality of these products. The quality control laboratories must be duly accredited by SENCAMER or the correspondingly authorized government entity (ministry, autonomous service or autonomous institute). Products not manufactured in Venezuela must also be accompanied by a certificate of free sale and use issued in the country of origin, with a period of validity of 12 months from the date of the application

118.  At the subregional level, Venezuela participates in the Andean System of Standardization, Accreditation, Testing, Certification, Technical Regulations and Metrology of the Andean Community, approved by Decision 376 in April 1995 and strengthened by Decision 419 of 30 July 1997. The Andean System covers every aspect of the quality infrastructure for all the subregions products and services, except in the phytosanitary and zoosanitary areas. Resolution 502 of the Andean Community approves the Regulations of the Andean standardization, national accreditation body, testing, certification and metrology networks. In the field of standardization, the Andean Standardization Network (RAN) prepares Andean standards for products marketed in the subregion; these are the result of harmonizing the standards in force in each country or adopting international standards. FONDONORMA is one of the members of the RAN. There is also an Andean National Accreditation Body Network, an Andean Testing Laboratory Network and an Andean Metrology Network. Altogether, 50 Andean standards have been adopted (Andean Community Resolution 503)

119.  Andean Community Decision 506 of 22 June 2001 (on the recognition and acceptance of certificates for products marketed in the Andean Community) provides for the recognition and automatic acceptance by Member countries of certificates of product conformity with a technical regulation or mandatory technical standard of the country of destination issued by accredited or recognized certification bodies included in the register maintained by the General Secretariat of the Andean Community. Decision 506 does not apply to the sanitary, phytosanitary and zoosanitary aspects. The Decision was notified to the WTO Committee on Technical Barriers to Trade by Colombia in September 2001.[39]