1. Any task of control, inspection, approval, and certification by the sanitary or phytosanitary authorities of a State Party in relation to regional trade shall be carried out with speed, proportionality, and rationality.
2. The States Parties, in accordance with this Regulation, shall apply the provisions contained in Annex C of the SPS Agreement of the WTO, regarding the procedures for control, inspection, approval, and certification, including systems for the approval of the use of additives or the establishment of tolerances for contaminants in food products, beverages, or forages.
3. When the competent authority of an Exporting State Party requests, for the first time, from the competent authority of an Importing State Party the inspection of a production unit or production processes in its territory, the competent authority of the Importing State Party must carry out said inspection within a maximum period of 60 calendar days, starting from the date the request was submitted. When the inspection is carried out, it must be done with the participation of the competent authority of the Exporting State Party. Once the inspection has been completed, the competent authority of the Importing State Party must issue a reasoned resolution regarding the result obtained in the inspection and must notify it to the Exporting State Party within a maximum period of 15 calendar days, counted from the day the inspection concluded.
The fulfillment of the recommendations issued as a result of the inspection process must be verified, certified, and notified by the competent authority of the Exporting State Party.
If the competent authority of the Importing State Party fails to comply with the mentioned periods, the competent authority of the Exporting State Party may resort to the provisions established in Article 30 of this Regulation or to the regional dispute settlement procedure.
4. In the case of production units or production processes that have a valid certification in the Importing State Party, they must request its renewal at least 90 calendar days before the expiration date. Production units or production processes that comply with the period stipulated in this paragraph, and that have not yet received, from the Importing State Party, the approval of the certification renewal, shall be permitted to continue exporting until the competent authority of the Importing State Party completes the inspection procedures and issues the corresponding renewal certification.
Those production units or production processes that do not request their renewal within the 90-day period shall be governed by the procedure.
5. The certifications of production units or production processes issued by the competent authority of the Importing State Party shall have a minimum validity of one year.
2º—To incorporate into the Central American Regulation on Sanitary and Phytosanitary Measures and Procedures the following transitional provision:
A period of no more than 90 calendar days is established, counted from the entry into force of the Resolution incorporating this Transitional Provision, for those production units or production processes that have a certification expiring before 120 calendar days to submit their application to the Importing State Party. Those production units or production processes that comply with the period stipulated in this paragraph shall be permitted, by the competent authorities of the Importing State Party, to continue exporting until this competent authority completes the corresponding inspection procedures. Those production units or production processes that do not request the renewal within the period established in this paragraph shall be governed by the procedure established in paragraph 3 of Article 12.
3º—To instruct the Committee on Sanitary and Phytosanitary Measures so that, based on proposals from the competent authorities, it proposes, within 30 days from the entry into force of this Resolution, the forms and technical requirements to harmonize the inspection, control, approval, and certification procedures for the production units or production processes agreed upon by the States Parties.
4º—This Resolution shall enter into force thirty (30) days after this date and shall be published by the States Parties.
Comalapa, El Salvador, August 23, 2002.
Alberto Trejos Miguel Ernesto Lacayo Minister of Foreign Trade Minister of Economy of Costa Rica of El Salvador Gabriela Llobet Luz María Serpas de Portillo Vice Minister of Foreign Trade President of the Central Reserve Bank Representing the of El Salvador President of the Central Bank of Costa Rica Patricia Ramírez Ceberg Yuliet Handal de Castillo Minister of Economy Minister of Industry and Commerce of Guatemala of Honduras Lizardo Sosa María Elena Mondragón de Villar President of the Bank of Guatemala President of the Central Bank of Honduras Mario Arana Sevilla Minister of Development, Industry and Commerce of Nicaragua Julio Posada Representing the President of the Central Bank of Nicaragua