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Food > Fish and Seafood > Export > Ecuador Memoranda of Understanding / Mutual Recognition Agreements - EcuadorMEMORANDUM OF UNDERSTANDING REGARDING THE INSPECTION OF FISHERY PRODUCTS BETWEEN Ministerio De Industria, Comercio, Integración y Pesca OF THE REPUBLIC OF ECUADOR AND THE DEPARTMENT OF FISHERIES AND OCEANS OF THE GOVERNMENT OF CANADA1.0. Purpose The mutual goals of the Ministerio De Industrias, Comercio, Integracion y Pesca of Ecuador (Ministerio) and the Department of Fisheries and Oceans of Canada (DFO) in entering into this Memorandum of Understanding (MOU) are to: 1.1 provide reasonable assurance that fish products from producers with "Preferred Status" will not be tainted, decomposed or unwholesome and will otherwise meet Canadian requirements. 1.2 minimize the need for extensive sampling in Canada of products produced by processors with "Preferred Status" from Ecuador. 2. Definitions In this MOU: Canned Fish - means any fish or fish flesh which is in an hermetically sealed glass or metal container and has been commercially sterilized. Cannery - means an establishment where canned fish is produced for human consumption. Chemical Evaluation - means the analyses, tests, and observations performed on a sample to determine the presence of any of the additives or contaminants listed in Annex A to this MOU. Code - means a quantity of a specific product type and form produced and handled under uniform conditions within a limited time period normally identified by means of a production code. Container Integrity Evaluation - means the analyses, tests, and observations performed on a sample (consisting of a number of sample units) taken to represent a lot, to determine the metal or glass container acceptability as set out in Annex A to this MOU. Frozen Fish - means fish which have been subjected to a freezing process sufficient to reduce the temperature of the whole product to a level low enough to preserve the inherent quality of the fish and which have been maintained at this low temperature during transportation, storage, and distribution, up to and including the time of final sale. Good Manufacturing Practices (GMPs) - means those processing requirements which, if applied in the production process, should result in products which are safe, wholesome, and of good quality. Inspection - means the evaluations, analyses, tests and activities, based on a recognized sampling plan, which leads to a decision on the acceptability of a lot. Label Evaluation - means the inspection of a sample label carried out to determine compliance of the label with the criteria set out in Annex A to this document. Lot - means a quantity of a specific product type and form which may be comprised of several production codes. Sensory Evaluation - means the sensory analysis conducted on a sample to determine the acceptability to a recognized standard. Shipment - means an import of a product type shipped on a vessel or vehicle by a producer to an importer. 3.0. Responsible Government Agencies 3.1. The Ministerio de Industrias, Comercio, Integracion y Pesca is the Ecuadorian government agency responsible for monitoring compliance of producers to the requirements of this MOU. For the Ministerio De Industrias Comercio, Integracion y Pesca, of Ecuador:
3.2. The Inspection Directorate of the Department of Fisheries and Oceans is the Canadian government agency responsible for the inspection of fish products imported into Canada.
4.0. Specific Product Annexes This MOU is limited to those fish products covered by annexes accompanying this agreement and may be extended to include other products through the establishment of additional annexes, by the mutual agreement of both participating parties. 5.0. Preferred Status 5.1. Ecuadorian fish processors who wish to have "Preferred Status" under this MOU must :
5.2. Those Ecuadorian fish processors who maintain the conditions set out in section 5.1. above and who meet the requirements of section 5.5, will be given "Preferred Status" and will be listed on Attachment A of Annex A of this MOU. 5.3. Imports of products from processors with "Preferred Status" will be eligible for reduced monitoring by the Inspection Directorate. 5.4. Processors who wish to obtain "Preferred Status" must make application in writing to the Ministerio who will in turn inform DFO of such applications. 5.5. Applicants will be subject to a joint DFO/Instituto evaluation to verify that:
5.6. Processors with "Preferred Status" will be monitored periodically by the Instituto and may be subject to a joint DFO/Instituto audit to confirm compliance with GMP's. The Instituto will notify DFO of all instances of non-compliance and actions taken to correct all deficiencies identified. 5.7. Subject to section 4.1 of the Fish Inspection Act and Fish Inspection Regulations, DFO will generally monitor imports from producers with "Preferred Status" on a reduced inspection basis. A rejection for any reason by DFO of a monitoring sample will constitute non-compliance and will be grounds for suspension of "Preferred Status". Such rejected products will be placed on the Import Alert List (IAL). When the performance of a processor is deemed to be unacceptable, as outlined in the administrative procedures, the processor will be removed from the "Preferred Status" listing, after consultation between DFO and the Ministerio. 5.8. Processors who have been removed from the "Preferred Status" listing may re-apply for "Preferred Status". 5.9. Processors re-applying for "Preferred Status" may, at their own expense, be subject to a joint DFO/Instituto inspection to reconfirm compliance with section 5.1. and section 5.5. of this MOU. 5.10. The appropriate industry association (as listed in the Annex) must ensure repayment of expenses incurred by DFO under section 5.9. of this MOU. 5.11. The Inspection Directorate will provide the results of plant inspections to the Ministerio. 5.12. The Inspection Directorate will notify the Ministerio of any rejection of fish products produced by plants with "Preferred Status" which are covered by this MOU. 5.13. The Inspection Directorate will provide, upon request, a copy of the Fish Inspection Act and Fish Inspection Regulations and relevant information from other acts, regulations, and standards as well as any amendments to the acts and regulations. 5.14. The Inspection Directorate will consider, upon request by the Ministerio, the conduct of workshops or seminars relating to process and product standards. 6.0 Plant, Process, and Product Inspection Procedures 6.1. As set out in Annexes to this MOU, plant, process, and product compliance will be determined as follows:
7.0. Administrative Procedures 7.1. The Parties will establish administrative procedures in a separate document. 7.2. The administrative procedures will be consistent with this MOU. 7.3. This MOU is limited to fish products covered by its Annex and may be extended to include other products through the establishment of additional Annexes. 8.0. Term of the Memorandum of Understanding (MOU) 8.1. This MOU is effective upon signature by the Parties. It may be amended by mutual consent or terminated by either Party upon three months written notice to the other Party. 8.2. DFO may change the criteria outlined in the attachments after consultation with the Ministerio. 8.3. Either Party may, upon written notice, request a review and revision of the policies and procedures in effect in the facilities or installations used to monitor, inspect, or produce products covered by the terms of this MOU. 9.0. No Legal Relations 9.1. This MOU records the co-operation between the Parties concerning fish inspection and is not intended to create legal relations between them. IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding to cover the shipment of fishery products to Canada from Ecuador.
signed by Dra. Eloisa Coello
Izquierdo El Ministerio De Industrias, Comercio, Integracion y Pesca del Ecuador signed by Ambassador David Adam On behalf of the Government of Canada signed by Sr. Laniado Romero Cámara Nacional De Acuacultura del Ecuador Signed at: Guayaquil, Ecuador; this 13th day of January 1997 MEMORANDUM OF UNDERSTANDING
REGARDING THE INSPECTION OF FROZEN SHRIMP
BETWEEN THE Ministerio De Industria, Comercio, Integración y Pesca OF THE REPUBLIC OF ECUADOR
AND
THE DEPARTMENT OF FISHERIES AND OCEANS OF THE GOVERNMENT OF CANADA 1.0. Purpose 1.1. The mutual goals of the Instituto Nacional de Pesca of Ecuador (Instituto), the Department of Fisheries and Oceans (DFO) and the Cámara Nacional de Acuacultura (C.N.A.) in this Annex to the Memorandum of Understanding (MOU) are:
2.0. Definitions 2.1. For the purposes of this Annex, it is agreed that the following definitions would apply in addition to those included in the MOU. Frozen Shrimp - means any fish or fish flesh prepared from any of the species of shrimps or prawns prepared in fresh state to raw, blocked frozen, or individually quick frozen (IQF); cooked, blocked frozen, or IQF; or breaded frozen IQF, as set out Annex A, Attachment D. Good Manufacturing Practices (GMP)- with respect to frozen shrimp/prawns, means those processing requirements prepared by the Instituto Nacional de Pesca, published in the Scientific and Technical Bulletin, Volume IX, Number 7: A Code of Recommended Practices for the Processing of Shrimp, and which, if applied in the production of frozen shrimp or prawns, should result in products which are safe, wholesome, and of good quality, as set out in Annex A, Attachment B. 3.0 Substance of Agreement 3.1. Ecuadorian shrimp processors who maintain the conditions set out in article 5.0. of the MOU will be given "Preferred Status" and will be listed in Annex A, Attachment A. 3.2. Imports of frozen shrimp products from Ecuadorian shrimp processors with "Preferred Status" will be eligible for reduced inspection and monitoring by DFO, as outlined in section 5.3. of the MOU. 3.3. Processors who have been removed from the "Preferred Status" listing may re-apply and be subject to a joint DFO/Instituto Nacional de Pesca inspection at the expense of the processor as outlined in section 5.9. of the MOU. For the purposes of section 5.10. of the MOU, it will be the responsibility of the Cámara Nacional de Acuacultura (C.N.A.) to ensure repayment of expenses incurred by DFO in this joint inspection. 4.0. Plant, Process, and Product Inspection Procedures 4.1. Plant, process, and product compliance will be determined as follows for frozen shrimp processing:
If the process compliance standard in Annex A, Attachment B is incomplete or unclear, the parties will apply the processing requirements developed by the CODEX ALIMENTARIUS COMMISSION, in the Recommended International Standard for Quick-frozen Shrimps or Prawns. 4.2. Product compliance will be determined in accordance with:
5.0. Term of Annex 5.1. This Annex is effective upon signature by all Parties. 5.2. This Annex may be amended by mutual consent or terminated upon three months written notice from one party to the other. 5.3. Either Party may, upon written notice, request a review and revision to the policies and procedures in effect in the facilities or installations used to monitor, inspect, or produce products covered by this Annex. MEMORANDUM OF UNDERSTANDING ANNEX A ADMINISTRATIVE PROCEDURES - FROZEN RAW SHRIMP 1. The Canadian Department of Fisheries and Oceans (DFO) will provide to the Ministerio De Industrias Comercio Integracion y Pesca of Ecuador (Ministerio) a list of those Ecuadorian shrimp processors whose products have a minimum compliance of 90 % by weight with Canadian Regulations, Standards and Guidelines. Recognizing the desire of DFO to evaluate a plant's proven record of performance along with a producer's interest in trading with Canada, this compliance will be based on DFO’s import inspection requirement for a minimum of five inspected shipments. It should be noted that the DFO procedures for the inspection of imported fish would allow for 1 in 5 shipments to be sampled randomly. 2. Those shrimp processors who wish to obtain "Preferred Status" must make application in writing to the Cámara Nacional de Acuacultura (C.N.A.), who will in turn forward this application to the Ministerio. The Ministerio will provide to DFO a list of those processors who have made application for "Preferred Status". The application must include a copy of the Quality Control Program in force in the plant. 3. DFO will arrange for a technical mission to be sent to Ecuador. A joint DFO/Instituto Nacional De Pesca evaluation will be carried out for each processor making application to confirm the processor's compliance with the conditions set out below:
Where this document does not cover certain situations, the "Handbook of Compliance, Fish Inspection Regulations, Schedules I & II" will be applied; or the document issued by the CODEX ALIMENTARIUS COMMISSION, Recommended International Standard for Quick-frozen Shrimp or Prawns will be used as the reference document for compliance standard.
Processors who meet these basic conditions will be eligible for "Preferred Status". 4. All products exported to Canada by processors with "Preferred Status" will be subject to reduced monitoring by DFO. Each shipment must be accompanied by a statement indicating that the product is intended for the Canadian market. This requirement is necessary as it is recognised that not all production from a processor with " Preferred Status" would necessarily be intended to meet Canadian standards. In order to properly evaluate all shipments from processors with "Preferred Status", those lots which are imported into Canada without the statement will be inspected and recorded as if they have been produced by a non-preferred Status processor. This procedure is intended to protect the processor with "Preferred Status" from being unfairly assessed due to an Importer's misunderstanding of this MOU program. 5. Reduced monitoring will consist of the examination of every tenth shipment shipped to Canada by a processor with "Preferred Status". Determination of the "tenth shipment" will be done on a national basis from the import data base maintained by the Inspection Directorate. "Tenth shipments" will not normally be detained pending evaluation results. 6. Product compliance will be determined in accordance with the provisions set out in the MOU, specifically:
DFO may change the criteria outlined in the attachments to this document in consultation with the Ministerio. 7. The Ministerio will periodically monitor processors with "Preferred Status" and will inform DFO of any infractions to the GMP's and of the actions taken to correct such infractions. 8. A product which is found, during a monitoring sample examination, to not comply with Canadian Regulations, Standards, or Guidelines will be placed on the Import Alert List (IAL). All subsequent imports of that product from that producer will be inspected upon entry into Canada until the required four consecutive shipments pass the evaluation(s) for which the product was originally placed on the MIL. 9. Placement of a product on the IAL will not be immediate grounds for removal of that processor from the "Preferred Status" listing. 9.1. On repeated IAL listings, DFO will contact the Ministerio to evaluate the company quality control plan and review the company records, to determine that company's processing operation is still under proper control. 9.2 Upon continued infractions, DFO will contact the Ministerio in writing to indicate that it is considering the removal of a processor from the "Preferred Status" listing. 9.3. A processor will be removed from the "Preferred Status" listing if, following a review of the processor's records, Instituto Nacional De Pesca inspection records, and DFO's import inspection records, it is determined that the company is no longer complying with GMP's or that the acceptability of that company's products has fallen below 90 % by weight. 10. Processors who have been removed from the "Preferred Status" listing may re-apply. 10.1. The re-applying company must provide, in writing to the Ministerio, an explanation of the circumstances leading to the product rejections and GMP failure and what actions the company has taken to correct the situation. Based on the documentation provided, the Ministerio will then make a recommendation to DFO as to whether or not the plant should be re-inspected. 10.2. All expenses (airfare and hotel expenses) for the plant re-inspection will be borne by the re-applying company. The company must provide to the Cámara Nacional de Acuacultura (C.N.A.) sufficient funds to carry out the re-inspection. The Ministerio will notify DFO when sufficient funds have been received. 10.3. Normally a re-inspection will require one week; however, if several such re-inspections are to be carried out at the same time, an individual company's share of travel expenses may be reduced. DFO will endeavour to complete a re-inspection within two months of being notified of the availability of sufficient funding. 10.4. Final inspection reports and recommendations will be prepared following the team's return to Canada. The final decision to reinstate a company to "Preferred Status" will be made by the Director General, Inspection Directorate, DFO. 11. This administrative procedure may be amended on the mutual agreement of the parties. The amended procedures will apply to shipments and contracts made after the amendment is made. 12. This MOU may be terminated by a party upon three months written notice to the other party. IN WITNESS THEREOF, the Parties have executed this Annex to the Memorandum of Understanding to cover the shipment of frozen shrimp products to Canada from Ecuador.
signed by Dra. Eloisa Coello
Izquierdo El Ministerio De Industrias, Comercio, Integracion y Pesca del Ecuador signed by Mr. David Rideout Department of Fisheries and Oceans of Canada signed by Sr Rodrigo Laniado
Romero Cámara Nacional De Acuacultura del Ecuador Signed at: Guayaquil, Ecuador; this 13th day of January 1997. LISTING OF ATTACHMENTS FOR ANNEX A ATTACHMENT A: Listing of "Preferred Status" frozen shrimp processors. ATTACHMENT B: Instituto Nacional De Pesca Scientific And Technical Bulletin, Vol. IX, Number 7, Code of Recommended Practices for the Processing of Shrimp. ATTACHMENT C: Plant Rating System (Quality Management Program Requirements). ATTACHMENT D: Fresh and Frozen Shrimp or Prawn Standard, July 20, 1993. ATTACHMENT E: Bacteriological Guidelines for Fish and Fish Products. ATTACHMENT F: Canadian Guidelines for Chemical Contaminants in Fish and Fish Products. ATTACHMENT G : Packaging, Labelling and Marking Requirements. ATTACHMENT H : Modifications and Changes. MEMORANDUM OF UNDERSTANDING REGARDING THE INSPECTION OF FROZEN SHRIMP BETWEEN Ministerio De Industria, Comercio, Integración y Pesca OF THE REPUBLIC OF ECUADOR AND THE CANADIAN FOOD INSPECTION AGENCY Annex A, Attachment A Preferred-Status Frozen Shrimp Processors - Exportadora de Alimentos S.A., Guayaquil - Industrial Pesquera Santa Priscilla S.A., Guayaquil - Sociedad Nacional de Galapagos C.A., Guayaquil |
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