Embassy of the Argentinean Republic in Bolivia


The Embassy of the Argentinean Republic in Bolivia presents its greetings to the Foreign Affairs Minister of the Bolivian Republic and has the honor to address the issue related to the Resolution N 001 of the Agriculture, Cattle and Rural Development Minister from the 8th of January 2000, in which it is prohibited for one year the import of products, subproducts and foodstuffs of agricultural origin derived from genetically modified crops.

The Government of the Argentinean Republic feels the obligation to express its concern for the enactment of legislation, in which articles first, second and third violate or contradict the bilateral, regional and
multilateral commitment assumed by the Bolivian Republic on trade and biosafety.

In relation to the bilateral understandings between the Argentinean Republic and the Bolivian Republic, it is enough to mention the Joint Communication of the Cancilleres of Boliva and Argentina the 26th of July 2000, in which both State Ministries "Established convenient to agree additional measures from those existing in the ACE 36, with the objective to boost in a sustainable manner the increasing of trade between both countries, among others, to boost a bigger phito- and zoosanitary cooperation, which promotes the compliance with rules and avoids at the same time barriers to trade.

On the other side, and in the scope of the regional commitments acquired by the Bolivian Republic, it is worthy to underline that the Agreement of Economic Complementation MERCOSUR - Bolivia (ACE 36), the Parties commit not to create unnecessary barriers to
trade and to apply the WTO Agreement of Technical Barriers to Trade and the Sanitary and Phitosanitary Agreement.

Also, in the framework of the spirit of integration of the ACE 36, in article 25 it is established that "the Parties, when they consider it necessary, will establish coordinated criteria to build compatibility
in the rules, technical regulations, sanitary and phitosanitary measures and other connected measures. Also they convene, to undertake efforts to identify productive areas in which is possible to make compatibile procedures of inspection, control and assessment of compliance..." In this sense, it is important to remember that no country in MERCOSUR has forbidden the introduction of processed food from genetically modified crops and that subject has not been discussed in the framework of the Working Subgroup of Agriculture.

In what concerns multilateral trade commitments, the Resolution 001/01 violates what is specified in the Agreement of Technical Barriers to Trade, in which article 2.2 establishes that Members shall ensure that technical regulations are not prepared, adopted or applied with a view to, or with the effect of, creating unnecessary obstacles to international trade. For that reason, the same article 2.2 establishes that “those technical regulations shall, in assessing relevant risks,
provide that relevant elements of consideration are, inter alia, available scientific and technical information”.

In the same way, the Resolution 001/01 contradicts article 5.1 of the Sanitary and Phitosanitary Agreement, which explicitly establishes that Member States "shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the
relevant international organizations".

It is also necessary to remember that although there are not yet standards established by the Codex Alimentarius Commission, which Special Action group in the subject only will complete its works in 2003, the document prepared by the Meeting of Experts FAO/WHO,
invited to collaborate with the task of the Group, concluded that the possibility that long-term effects related to genetically modified food is highly improbable.

On the other side, our country only has authorized the use of those GMOs allowed by the European Union, probably the more strict market in what concerns biosafety and biotechnology. In this sense, the Bolivian worries about "guarantee external markets with which Bolivia has established and consolidated commercial links" is satisfied, because Argentina and Bolivia are providers of the same external markets.

In relation with the international rules on Biosafety, and realising that the Cartagena Protocol on Safety in Biotechnology adopted in Montreal the 29 of January 2000 is quoted in the Resolution 001/01 as legal back-up to adopt the measure, the government of the Argentinean Republic considers necessary to point out that this is a Covenant not yet in force, and also several important substantive aspects of the mentioned Protocol, as Article 18 referring to manipulation, transport, packaging and identification, are still under discussion. On the other side, it is underlined in the Considerands that "This Protocol will not be interpreted in the sense as to imply a modification of the rights and obligations of one Party under any International existent agreement" so the commitments assumed by Bolivia with Mercosur in the framework of the WTO are in force.

Taking into account the abovementioned considerations, the Government of the Argentinean Republic requests the amendment of articles first, second and third of the Ministerial Resolution 001/2001.

The Embassy of the Republic of Argentina welcomes the opportunity to greet the Minister of External Relations of the Bolivian Republic.

Argentinean Republic Embassy

BACK