| By Lexcorp Abogados |
 |
In March 2002 in Rome, Italy, the IPPC adopted an International Phitosanitary Standard for wood packaging material called "Guidelines for regulating wood packaging material in international trade" (NIMF No. 15). This Standard acknowledges all risks for the health of plant and plant products that are associated with wood packaging material, and it has been already implemented or in process in Argentina, Australia, Bolivia, Brazil, Canada, Chile, Costa Rica, the European Union, Switzerland, Guatemala, India, New Zealand, Nigeria, Panama, Peru, the Philippines, South Africa, South Korea, United States of America and Venezuela.
Implementation of NIMF No. 15 in Mexico
Mexico is a contracting party to the International Plant Protection Convention (IPPC), pursuant to the Declaration that was approved under Resolution 12/97 of the 29th Session of the FAO Conference and was published in the Federal Official Gazette in Mexico on November 30, 2000.
On January 18, 2005, the Mexican Ministry of the Environment and Natural Resources ("Semarnat") had Mexican Official Standard NOM-144-SEMARNAT-2004 ("NOM-144") published in the Federal Official Gazette.
NOM-144 sets forth guidelines to regulate wood packaging material in international trade and procedures to apply an internationally recognized mark in order to fight pests in plant and plant products and prevent the dissemination across national boundaries of pest and diseases of plants and plant products, and has become the legal mechanism that will allow Mexico to enforce NIMF No. 15 in the country and comply with its international obligations with IPPC.
Approved phitosanitary measures associated with wood packaging material
The phitosanitary measures approved to eliminate living pests from wood packaging material are:
1. HT Heat Treatment
2. MB Methyl Bromide (MB) Fumigation
It is important to mention that the only phitosanitary measures approved by NOM-144 are Heat Treatment or the Methyl Bromide Fumigation, regardless as to whether NIMF No. 15 contemplates other measures.
According to Semarnat, more then 100 companies are currently authorized to treat and mark wood packaging material in Mexico. Further, effective February 1st, 2006 , all goods that are carried on wood skids or dunnage will be subject to a visual inspection by the Federal Environmental Protection Agency ("Profepa").
Also, beginning February 1st, 2006 all wood packaging material must bear the following mark:
 |
XX Two-letter country code, which in the case of Mexico is MX.
OOO Unique number assigned by the plant protection authority in each country to producers of wood packaging material for utilization of the mark. In Mexico, this number is assigned by Semarnat.
YY Abbreviation for the approved measure used. HT for Heat Treatment and MB for Methyl Bromide Fumigation.
(AAA) Application Code used by the producer or supplier authorized by Semarnat and the date of application of the mark.
Phitosanitary certificates will not be accepted if the wood packaging material does not carry the required mark, in which event the proper action may take the form of refused entry to the importing country.
Wood packaging material subject to compliance with NOM-144
The materials subject to compliance with NOM-144 are: wood or wood products (excluding paper products) used in supporting, protecting or carrying a commodity, such as pallets, dunnage, crating, packing blocks, drums, cases, load boards, pallet collars, and skids, including wood packaging material used to secure or support a commodity, either internally or externally, provided it is made of solid wood, rather than of a processed wood material (agglomerate wood).
Wood packaging material exempt from compliance with NOM-144
* The wood packaging material exempt from compliance with NOM-144 is:
* Wood packaging material made wholly of wood-based products such as plywood, particle board, oriented strand board or veneer that have been created using glue, heat and pressure or a combination thereof.
* Wood packaging material such as veneer, peeler cores, sawdust, wood wool, and shavings, and raw wood cut into thin pieces of 6mm thickness or less.
* Barrels containing alcoholic beverages.
Recycled, remanufactured or repaired wood packaging material should be re-certified and remarked and its components should have been treated. Any old mark must be removed and replaced by a new mark from a certified or authorized company.
Inspections at point of entry
 |
Only wood packaging material carrying the internationally accepted mark and showing no sign of living pests , will be allowed entry.
Where the wood packaging material does not carry the mark required by NOM-144, or even if it carries the mark but evidence of live pests is found, then the importer may choose any of the following options before proceeding with the importation:
1. Treat the wood packaging material in any of the forms approved by NOM-144 (HT or MB);
2. Remove the wood packaging material and replace it with pest-free domestic pallets or pallets made of any material other than wood, in the presence of an inspection officer; or
3. Return the wood packaging material to the exporting country.
Measures for non-compliance at point of entry
If wood packaging material does carry the required mark, but evidence of live pests is found, before any of the three above-mentioned options is chosen Profepa will conduct a thorough inspection to ensure whether approved phitosanitary measures were properly applied to the material. Profepa has authority to penalize any one who violates the provisions of this NOM-144.
In order to prevent unnecessary delays in your importation and exportation activities, we recommend you to subject your wood packaging material to the phitosanitary treatments required by NOM-144, and ensure that such material carries the required mark.
| This document was developed only for disclosure and analysis of the above-referenced NOM-144 and in no event should be used as a particularized legal advice. If you need legal assistance according to the specific needs of your case or have any query or comments on this matter, please contact Sergio Bustamante at sbustamante@lexcorpabogados.com and Jose Luis Rendon at jlrendon@lexcorpabogados.com, or call them at (915) 225-0240 in USA and (0-11-52) (656) 227-0300 in Mexico. |