Miércoles 26 de noviembre de 2003

Transcription

1 SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES Mexican Official rule of Emergency NOM-EM-144-SEMARNAT, That establishes the technical specifications of the phytosanitary measure (treatment) and the use of the mark that accredits the application of the same, for wooden packing that it is used in international trade. In the margin is a stamp with the National Shield, that says: United States of Mexico. - Secretary of the Environment and Natural Resources. JUAN JOSÉ GARCÍA DE ALBA BUSTAMANTE, Undersecretary of Developm ent and Environmental Regulatory process, based on article 32 bis section I, II, IV, V and XLI of the Organic law of the Federal Public administration; in articles 16 section XVI and XXVI, 119 and 120 of the General Law of Sustainable Forestry development; 1st., 2nd., 4th., 5th. and 19 of the Federal Law of Plant health; 40, 41 and 48 of the Federal Law on Metrology and Standardization, and 8o. section V and 32 XII section of the Internal Regulation of the Secretary of environment and Natural Resources, and CONSIDERING THAT That wood packing is essential in international trade for the movement and protection of goods and products. That wood packing is commonly fabricated with non manufactured wood, which lacks the processing treatment sufficient to eliminate the live pests present in raw or recently cut wood. That there have been, in the various points of entry of goods or import commodities, interceptions of non native pests of quarantine importance in wooden packing and that these pests are able to survive, to be introduced and to be dispersed partly or throughout the national territory, reason for which f wooden packing is one of the main pathways for the movement of non native quarantine pests. That Mexico is contracting party to the Convention which agrees with the Decree promulgated by the International Convention of Phytosanitary Protection, approved by means of Resolution 12/97 of the 29o. sessions of the Conference of the Food and Agriculture Organization, FAO, of the United Nations taken place in Rome, Italy, on November seventeen, 1997 and published for due observance in the Mexico's 'Federal Register' on November 30, That in March of 2002, the International Convention of Phytosanitary Protection adopted an international rule for the wood packing named ": Guidelines for the Regulation of Wood packaging in International Trade," publication number 15; this Rule recognizes the risk, for the health of the plants, associated with the wooden packing whose reach describes the phytosanitary measures to reduce the introduction risk and/or spread of quarantine pests associated to the wooden packing, fabricated with unprocessed wood of coniferous and not coniferous species, used in the international trade, including a recognized international Mark; likewise it also, it describes the measures that besides being accepted at world level, have been approved and that all the countries will be able to apply to the wooden packing to eliminate almost in its entirety the risk of most of quarantine pests and to reduce considerably the risk of other pests that can be associated with this packing That within this international rule in the profile of the requirements the countries of exportation should establish procedures to verify the application of the approved measures, including the application of a recognized Mark worldwide. That April the countries of the North American Organization of Protection to the Plants (NAPPO), Canada, United States and Mexico, agreed to implement measures starting January to adopt the Rule for" Guidelines to Regulate the Used wooden Packing in the International Trade." That in the 27th meeting NAPPO celebrated October of 2003 in the city of New Orleans in the United States of America, Mexico committed to implement the NIMF 015 gradually, beginning January of 2004, and that not beginning the marking of packing would create an imminent threat for the smooth running of international trade due to causes of environmental protection. To achieve the goal of avoiding phytosanitary risk and endangering national trade, it is necessary acknowledge the recognized phytosanitary measure and the Mark that attests that this measure was applied. For the above-mentioned I allow myself to issue the following: 1

2 MEXICAN OFFICIAL RULE OF EMERGENCY NOM-EM-144-SEMARNAT, THAT ESTABLISHES THE TECHNICAL SPECIFICATIONS OF THE PHYTOSANITARY MEASURE (TREATMENT) AND THE USE OF THE MARK THAT ACCREDITS THE APPLICATION OF THE SAME, FOR WOOD PACKING THAT IS USED IN INTERNATIONAL TRADE 1. Objective and scope of application 2. References 3. Definitions 4. Specifications INDEX 5. Procedure of evaluation of compliance 6. Degree of agreement with rules and international recommendations 7. Observance of the rule 8. Bibliography 1. Objective and scope of application The purpose of this rule is to establish the technical specifications of the recognized phytosanitary measure (treatment) and the use of the Mark that attests the application of the same, for wood packing that it is used in international trade. It applies throughout the whole national territory. 2. References References don't exist for the application of this rule. 3. Definitions For purposes of this rule, it will be understood that: 3.1. I Peeler cores: By-product of veneer production that involves high temperatures and consists of the center of a trunk that is result of the veneer cutting process Direction: General Direction of Forest Administration and Soils Wooden packing: Wood or wooden products (excluding paper products) used to hold, to protect or to transport a shipment, such as pallets, boxes, drawers, cages, spools, wood for blocking and bracing, among others Manufactured wooden packing: wood Packing produced totally with products based on such wood as plywood, particleboard, oriented strand board or the veneer sheets that have been produced using paste, heat and pressure or a combination of these FAO: The Food and Agricultural Organization of the United Nations (initials in English) Fumigation: Treatment with a chemical agent that achieves treats the commodity completely or primarily in the gaseous state Chemical pressure impregnation (CPI): Treatment of the wood with a chemical preservative by means of a pressurized process under technical specifications recognized in this rule 3.8. Dunnage: Wood Packing used to support a shipment, but that it is not associated with the commodity Mark: the internationally recognized mark applied to a regulated article to attest their phytosanitary situation Phytosanitary measure: Any legislation, regulation or official procedure that has the purpose of preventing the introduction and/or spread of quarantine pests, or of limiting the economic repercussions of the regulated non quarantine pests. 2

3 3.11. Quarantine pest: A pest of potential economic importance for the area in danger even when the pest doesn't exist or, if it does exist, it is not widespread and is under control official Person: individual or entities PROFEPA: Federal Attorney's office of Protection to the Environment Drying in stove: Process by which wood is dried in a closed chamber by means of the controlled use of heat and/or moisture until achieving a certain moisture content Secretaria: Secretary of environment and Natural Resources Treatment: authorized Procedure to kill, to eliminate or to sterilize pests Thermal treatment: I Process by means of which a commodity is subjected to the heat until achieving a minimum temperature, during a minimum period of time, according to technical specifications recognized by this Rule. 4. Specifications 4.1. General specifications The Mark referred to in this Rule is recognized worldwide and has as purpose to attest that the wooden packing was subjected to the phytosanitary measure (treatment) established in this Rule Whoever wants to use the Mark for themselves or for others must request the authorization from the Secretaria The following types of wood packing are excepted of this Rule: Those made in their entirety of manufactured wood products, such as plywood, particle boards, OSB or veneer sheets, that have been made using paste, heat or pressure or with a combination of these Peeler cores, sawdust, wood chips and raw wood cut in slices 6 mm in thickness or thinner (six millimeters) The phytosanitary measure (treatment) established in this Rule, reduces the introduction risk significantly to the country of the following pests associated to the wooden packing: Insects: Anobiidae Bostrichidae Buprestidae Cerambycidae Curculionidae Isóptera Lyctidae (with some exceptions for the thermal treatment) Oedemeridae Scolytidae Siricidae Nemátodos: Bursaphelenchus xylophilus Any person that seeks to use an alternative phytosanitary measure (treatment) not established or recognized in this Rule, must request the authorization from the Secretariat, following the procedure established in article 49 of the Federal Law on Metrology and Standardization Specific guidelines Of the recognized phytosanitary measure. The recognized phytosanitary measure for wooden packing is the Thermal Treatment. 3

4 Thermal treatment (TT). Heat will be applied to the wood without bark with a combination of time-temperature that allows to achieve a minimum temperature to the center of the table of 56 C, for a minimum of 30 minutes. The drying in stove (KD), the chemical impregnation to pressure (IQP) or other treatments can be considered thermal treatments as long as they fulfill the specifications of the previous paragraph. When the wooden packing is subjected to one of these aforementioned treatments the initials will incorporate to the Mark after the abbreviation TT Wood drying kilns are facilities composed by a set of equipment, designed to establish in a limited environment, a climate apt for drying of the wood. These facilities will have as minimum the following: a) A heating system able to heat the wood, the walls of the container and of giving heat for the evaporation of the moisture from the wood to the wanted level. b) A ventilation system for the purpose of adequate circulation of air through the wood piles and of the heat exchangers. c) A semiautomatic or automatic system of measurement and regulation for the control of the drying process. d) A dampening system to reestablish the appropriate level of moisture In case the Secretary authorizes some alternating phytosanitary measure in terms of the numeral one of this Rule; the publication of the authorization that is carried out in the Mexico's 'Federal Register', will include: the type of authorized treatment, the technical specifications and the abbreviation that identifies it so that it is included in the Mark Of the use of the Mark. The Mark will endorse that the wooden packing was subjected to the phytosanitary measure (treatment) established in the section of this Rule, or those that, in its case, be authorized according to the point of this Rule The treatment Mark will be readable, permanent and to be placed in a visible place in at least two opposed sides of the wooden packing. The red and orange colors should not be used as color of the Mark. The Mark can be painted preferably with permanent painting in black, branded or stamped. Labels or decals are not allowed. The Mark is nonnegotiable The placement of the Mark on dunnage will depend on the dimensions and it should be placed at regular intervals along the dunnage The figure of the Mark and the content will be adjusted to the following: It figures of the Mark Content of the Mark: a) XXX - unique Number granted by the Secretary to the authorized person for the use of the Mark. b) MX - The two letters of the code ISO for Mexico. c) TT - Abbreviation of the thermal treatment at 56 C for a minimum of 30 minutes. and) (AAA) - Code of the authorized person's identification (optional). 4

5 5. Procedure of Evaluation of the Compliance The evaluation of the compliance to this Rule will be carried out by official personnel and of the the General Direction, regarding the application of the authorized phytosanitary treatments and of the use of the Mark. 6. Degree of agreement with other rules and international recommendations This Mexican Official rule agrees partially with the International Standard Phytosanitary for Measures Guidelines to regulate the wooden packing used in the adopted international trade March for the Interim Commission of Phytosanitary Measures of the International Convention of Phytosanitary Protection of the FAO. 7. Observance of the Rule The surveillance of the compliance with of this Rule corresponds The Secretary, on behalf of the Federal Attorney's office of Protection to the Environment whose personnel will carry out the inspection works and surveillance that are necessary. The infractions to the Rule will be sanctioned according to the General Law of Sustainable Forestry development and the Regulation in vigor, and other applicable legal procedures. 8. Bibliography 8.1. FAO Guidelines to regulate the wooden packing used in the international trade. NIMF Pub. No. 15, Rome, Italy, 16 p FAO Glossary of Phytosanitary Terms. NIMF Pub. No. 5, Rome, Italy, pp TRANSITORY ONLY. - This Rule will go into effect on the day after its publication in the Mexico's 'Federal Register'. Presented in Mexico City, Federal District, on the thirteen day of the month of November of the year two thousand and three. - The Undersecretary of Development and Environmental standardization and President of the National Consultative Committee of Standardization of environment and Natural Resources, Juan José García of Alba Bustamante. - Signed. 5