Équateur Profil du Membre
Situation concernant les notifications au cours de la période considérée
2010-2012
2012-2014
2014-2016
2016-2018
2018-2020
2020-2022
2022-2024
2024-2026
Renseignements sur la notification
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Équateur
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10/10/2024
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2024-2026
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Équateur
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05/07/2024
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2018-2020, 2020-2022, 2022-2024
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Équateur
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15/06/2021
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2020-2022
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Équateur
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13/04/2021
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2018-2020, 2020-2022
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Types de restrictions
Toutes les périodes biennales et toutes les notifications
Top 10 des chapitres du SH notifiés
Toutes les périodes biennales et toutes les notifications
Top 10 des justifications de l'OMC notifiées
Toutes les périodes biennales et toutes les notifications
Top 10 des engagements non-OMC notifiés
Toutes les périodes biennales et toutes les notifications
Détails de la RQ
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Examen de politique commerciale
Dernier examen de politique commerciale (Rapport du Secrétariat de l'OMC): WT/TPR/S/383/Rev.1
A. Prohibitions et restrictions à l'importation et licences d'importation
3.39.
In 2018, Ecuador prohibits imports of certain products (221 ten-digit HS lines) regardless of their origin (Chart 3.2). These are mostly organic chemicals (71 ten-digit tariff lines of HS Chapter 29) and other chemical products (56 ten-digit tariff lines of HS Chapter 38), followed by nuclear reactors (35 ten-digit tariff lines of HS Chapter 84) and fish and crustaceans, molluscs and other aquatic invertebrates (34 ten-digit tariff lines of HS Chapter 3). Ecuador also prohibits imports of other products (692 ten-digit HS tariff lines) according to their origin on phytosanitary grounds, and also to implement, inter alia, UN Security Council Resolutions and other international agreements to which Ecuador is a party.
3.47.
During the review period, Ecuador imposed quantitative restrictions on certain products. In 2013 it established an import quota for vehicles (HS 8706.00.10.80, HS 8706.00.21.80); in 2014 an import quota was also established for electric vehicles[127]; and a similar measure was adopted in 2015, but covering a larger number of tariff lines.[128] COMEX allocates the quota by means of a resolution.[129] Import quotas were also adopted for vehicles (HS 8703.24.10.90) for the Ecuadorian National Red Cross Society.[130] In general, imports of used vehicles are prohibited but there may be exceptions for vehicles for agricultural use or for specific activities, and in some cases the tariff is reduced to zero.[131] Since 2012, cellular telephones (HS 8517.12.00.00) have been subject to a quantitative restriction and in 2013 the number of tariff lines subject to this measure was increased (HS 8552); in 2015 a quota was established for imports of other cellular telephones (HS 8517.12.00.29, HS 8517.12.00.39 and HS 8517.12.00.99).[132] As in the case of motor vehicles, COMEX allocates the quota through a resolution.[133]
3.46.
In the previous trade policy review of Ecuador in 2012, 1,364 ten-digit HS tariff lines were identified as requiring some type of import control. In 2018, 2,158 ten-digit HS tariff lines were subject to some kind of import control (automatic or non-automatic licensing). These measures affected in particular such products as cotton (HS Chapter 52) and clothing (Chapters 61 and 62); organic chemicals (HS Chapter 29); and preparations of fruit and vegetables (HS Chapter 20) (Chart 3.3).
3.45.
Various control documents are needed to obtain an automatic or non-automatic licence. These documents are issued by a number of ministries, according to their remit and/or the product, including the Ministry of Agriculture and Livestock, Ministry of Aquaculture and Fisheries, Ministry of Industry and Productivity, Ministry of Public Health, Ministry of the Environment and Ministry of Transport and Public Works.
3.44.
The term "automatic and non-automatic licensing", as used in this section, includes all types of import controls other than those on health or technical grounds. This terminology has been used because the information provided to the Secretariat by the authorities is given in this form. However, it does not indicate which licences are automatic and which are not. These controls are applied to imports of all origins.[126]
3.43.
According to the MAGAP instructions, all importers may apply for authorization to import products subject to non-automatic licensing. The licensing regime is based on whether the imports supplement the domestic production capacity to satisfy domestic demand. The MAGAP carries out a technical analysis to determine the volume of imports that will be allowed, on the basis inter alia of the outlook for domestic production, demand and consumption of the product to be imported, as well as the importer's purchases of domestic output over the last two years. The Under-Secretariat for Marketing issues a resolution for the total or partial approval of the import licences requested. However, in order to avoid serious injury to domestic producers, no imports whatsoever will be allowed at the times when the domestic output is being marketed.[125]
3.42.
In 2012, COMEX established an import licensing system, which is general and non‑discriminatory, for imports under any customs regime or destination. The licence is a necessary requirement for clearing goods and COMEX determines the requirements, time‑frames and conditions that importers must satisfy in order to obtain the non-automatic licences.[122] In the case of non‑automatic import licences for basic foodstuffs, which are issued by the Ministry of Agriculture and Livestock, the Ministry has issued instructions for importers to be able to obtain the licences.[123] Nevertheless, in all cases a firm decision is required for any type of licence to be issued.[124]
3.41.
The type of prior control may vary for the same product according to the circumstances, and accordingly the requirements may vary or one kind of permit may be replaced by another.[119] Thus, the "Product Register" has been replaced by the "Import Authorization for Pesticides and Similar Products for Agricultural Use" or by the "Sanitary Authorization for Veterinary Products"; or the "Register of Importers" has been replaced by the "Phytosanitary Import Permit" or "Animal Health Import Permit"; or the prior control documents called the "Health Register" and "Import Permit" have been replaced by the "Non-automatic Import Licence".[120] Generally speaking, the Ecuadorian legislation does not specify the purpose of each kind of prior control document nor the requirements for obtaining it. The difference between the various documents is not always clear, nor is the need for imposing one type of control or another. For example, in some cases the registration of importers may be required in order to enable the importer to benefit from a tariff reduction or concession or to prevent stolen goods from entering the country.[121] In addition, some imports may be exempted from the prior control requirement.
3.40.
Ecuador uses various pre-import control documents, including importer registration, permits, prior import authorization, certificates of inspection or verification of classification issued at origin, customs destination documents, certificates of recognition and automatic and non-automatic licensing.[117] In addition, some of the products subject to technical regulations issued by the Ecuadorian Standardization Service (INEN) require a "Certificate of Recognition" as a supporting document for importation, and products subject to phytosanitary and animal health requirements need the appropriate certificates.[118]
3.38.
COMEX is responsible for issuing rules on import procedures other than customs procedures, such as registers, authorizations, prior control documents and licences.[116] It also determines the goods that are prohibited. Goods whose importation is prohibited must be reshipped, except for clothing, perishable goods and educational materials, which are donated to the ministerial department responsible for social policy (COPCI Regulations). Most import prohibitions are imposed for health, phytosanitary and environmental reasons, as well as to comply with international agreements.
B. Prohibitions et restrictions à l'exportation
3.80.
The Committee on Foreign Trade (COMEX) is responsible for issuing rules on export requirements other than customs formalities, such as registration, authorizations, prior control documents and licensing.[178]
3.86.
COMEX may also regulate and/or restrict exports to ensure the supply of raw materials for domestic industry and thus promote the incorporation of value added, pursuant to the National Industrial Development Plan. These controls may be imposed ex officio or at the request of an industry. Thus, in 2013 the National Tanners Association (ANCE) requested MIPRO to re-establish the Register of Exporters of Raw Hides and Skins (for raw hides and skins of bovine (including buffalo) or equine animals (HS 4102.10.00.00,HS 4102.21.00.00, HS 4102.29.00.00, HS 4104.11.00.00, HS 4104.19.00.00, HS 4104.41.00.00 and HS 4104.49.00.00) as a mandatory requirement for their export, given the indiscriminate outflow of these raw materials from the country with the result that the sector was facing difficulties in the supply of salted hides.[186] From 2014, COMEX considered it necessary to impose an export requirement in the form of a quality certificate issued by MIPRO-approved inspection bodies, and suspend the Register of Exporters of raw hides and skins. According to the authorities, the quality certificate makes it possible to verify the correct use of the tariff subheadings for exports of hides and skins, thereby facilitating the export of the hides and skins that the local industry does not use. In addition, MIPRO also monitors the processing capacity of the tanneries, as well as the industry's production prices and activation plan. If its half-yearly evaluation indicates an oversupply of raw hides and skins in the country, it opens export quotas.[187]
3.85.
Export controls may be used to support specific industries or encourage domestic production of specific industries.[183] Thus, the "pollution abatement, public transport fuel subsidy rationalization and vehicle scrapping programme" prohibits the export of scrap (HS 7204.30.00.00, HS 7204.10.00.00, HS 7204.29.00.00, HS 7204.41.00.00, HS 7204.49.00.00, HS 7204.50.00.00, HS 7205.10.00.00, HS 72.05.21.00.00, HS 7205.29.00.00, HS 7403.22.00.00, HS 7404.00.00.00 and HS 7602.00.00.00). However, in the event of an oversupply of scrap (in relation to the processing firms' capacity) or if the reference market price obtained by calculating the moving average for the last three months does not correlate properly with the price paid by the scrapping firms, the MIPRO may grant export quotas.[184] Accordingly, Ecuador set a quota for exports of non‑ferrous scrap. These quotas may only be used by exporters registered with MIPRO, and are allocated on a first come, first served basis.[185]
3.84.
Controls are also used for statistical purposes. The Mining Regulation and Control Agency (ARCOM) maintains the corresponding registers in order to carry out statistical controls of the marketing and export of minerals as well as to ensure that the other legal obligations are fulfilled, including ensuring that the origin of the minerals is lawful; hence, exports of copper, silver and gold ores (HS 2603.00.00.00, HS 2616.10.00.00, HS 2616.90.10.00, HS 7108.12.00.00 and HS 7106.91.00.00) require an export certificate from ARCOM, failing which their exportation cannot be authorized.[182]
3.83.
In general, Ecuador guarantees the free export of goods with the exception of those that may affect public health, environmental conservation, animal and plant health[180], and the cultural heritage. Exports may also be restricted in order to comply with Ecuador's undertakings under the various international agreements to which it is a signatory, such as the Montreal Protocol.[181]
3.82.
As in the case of imports, Ecuador uses various prior documents to accompany the export customs declaration (DAE) for definitive exports, including export authorization, exporter registration, export certificates, export permits and export licences.[179] In 2018, these requirements concerned 193 ten-digit HS tariff lines (Chart 3.6).
3.81.
In 2018, Ecuador prohibits the definitive exportation and temporary exportation for outward processing of certain products (480 ten-digit HS tariff lines) (Chart. 3.5). The prohibitions mostly concern metal products and manufactures, tools, nuclear reactors and motor vehicles.
Base de données sur l'environnement de l'OMC (BDE)
La BDE contient des mesures relatives à l'environnement qui peuvent être considérées comme des RQ et qui devraient donc être notifiées au titre de la Décision sur les restrictions quantitatives.
Voir les mesures relatives à l'environnement prise par le Membre