RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/SAU/42
24 June 1999
(99-2587)
Working Party on the Accession
of the Kingdom of Saudi ArabiaOriginal:  English
ACCESSION OF THE KINGDOM OF SAUDI ARABIA
Action Plan for the Implementation of the SPS Agreement
The Ministry of Commerce of the Kingdom of  Saudi Arabia has submitted the following
Action Plan for the Implementation of the SPS Agreement.
_______________WT/ACC/SAU/42
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Action Plan for the Implementation of the SPS Agreement
Article of
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AgreementObligations Under the Article Existing Position Future Programme
2.2 Members shall ensure that any sanitary or
phytosanitary measure is applied only to the extent
necessary to protect human, animal or plant life or
health based on scientific principles and notmaintained without sufficient scientific evidence.This is being followed in practice. Legislation is under preparation which
will incorporate all obligations under
the SPS Agreement. Draft legislation
will be ready around end – September1999, and will be enacted by the end of
1999.
2.3 Members shall ensure that their sanitary and
phytosanitary measures do not arbitrarily
discriminate between members when identical or
similar conditions prevail including between their
own territory and that of other members. Sanitary and
phytosanitary measures shall not be applied to in a
manner, which would constitute a disguisedrestriction on international trade.These requirements are followed as general
practice. However, there are no written
regulations on these.Legislation is under preparation which
will incorporate all obligations under
the SPS Agreement. Draft legislation
will be ready around end – September
1999, and will be enacted by the end of
1999.
3.1 Members shall base their sanitary or phytosanitary
measures on international standards, guidelines or
recommendations, except as otherwise provided for
in this agreement, that would result in a higher level
of protection than would be achieved by measures
based on the relevant international standards,guidelines or recommendations.Saudi SPS measures are mostly based on
international standards, guidelines and
recommendations.Legislation is under preparation which
will incorporate all obligations under
the SPS Agreement. Draft legislation
will be ready around end – September
1999, and will be enacted by the end of
1999.
3.3 Members may introduce or maintain sanitary or
phytosanitary measures which result in a higher level
of sanitary or phytosanitary protection than would be
achieved by measures based on the relevant
international standards, guidelines or
recommendations, if there is a scientific justification
or as a coinsurance of the level of sanitary or
phytosanitary protection different from that whichThis is being followed in practice. However,
there are no written regulations on this.Legislation is under preparation which
will incorporate all obligations under
the SPS Agreement. Draft legislation
will be ready around end – September
1999, and will be enacted by the end of
1999.WT/ACC/SAU/42
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would be achieved by measures based on
international standards, guidelines or
recommendations shall not be inconsistent with any
other provision of this agreement.
3.4 Members shall play a full part within the limits of
their resources in the relevant international
organizations and their subsidiary bodies in particularthe Codex Alimentarius Commission, the
International Office of Epizootic, and the
international and regional organizations operating
within the framework of the International Plant
Protection Convention to promote within these
organizations the development and periodic review of
standards, guidelines and recommendations withrespect to all aspects of sanitary and phytosanitary
measures.The Kingdom participates as a full member
in many international organizations in
particular the Codex Alimentarius and theInternational Office of Epizootic and the
international organizations operating within
the framework of the International Plant
Protection Convention. However, material
constraints limit its participation in the
meetings of such organizations.Participation in the meetings of these
organizations would be enhanced. Saudi
Arabia would take a fuller part in theactivities of international organizations.
4.1 Members shall accept the sanitary and phytosanitary
measures of other members as equivalent, even if the
measures differ from their own, if the exporting
member objectively demonstrates that its measures
achieve the appropriate level of protection.This is being done at present. The obligation will be reflected in the
new legislation under preparation.
4.2 Members shall upon request, enter into consultations
with the aim of achieving bilateral and multi-lateral
agreements on recognition of the equivalence of
specified sanitary or phytosanitary measures.At present, there have been no occasions for
consultations as no such requests were
received.Saudi Arabia would abide by this upon
accession to the WTO.
5.1 Members shall ensure that their sanitary and
phytosanitary measures are based on assessment, asappropriate to the circumstances of the risk to human,
animal or plant life or health, taking into account risk
assessment techniques developed by the relevant
international organization.SPS measures are based on risk assessment.
Such assessment is usually based on thefollowing:
(a) Ban on importation of live
animals/their meat/products/
derivatives from countries infected
with quarantine animal diseases (i.e.Legislation is under preparation which
will incorporate all obligations underthe SPS Agreement. Draft legislation
will be ready around end – September
1999, and will be enacted by the end of
1999.WT/ACC/SAU/42
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rinderpest or mad cow) or other
animal diseases listed in the animal
quarantine regulation.
(b) Ban on food imported from
countries listed in the preventivecirculars i.e. cholera-stricken, or
countries infected with nutrient
epidemics.
(c) Ban on vegetable products imported
from countries infected withphytodemics listed in the plant
quarantine regulation.
5.2 In the assessment of risks, members shall take into
account available scientific evidence, relevantprocesses and production methods, relevant
inspection, sampling and testing methods, prevalence
of specific diseases on pests, existence of pest or
disease-free areas, relevant ecological and
environmental conditions, and quarantine or othertreatment.There are no laid down rules in this respect.
However, in practice risk assessment takesinto account available scientific evidences
and prevalence of specific diseases or pests.This obligation will be incorporated in
the legislation under preparation.
5.3 In assessing the risks (to animal or plant life or
health), members shall take into account as relevant
economic factors: the potential damage in terms of
loss of production or sales, the cost of control or
eradication in the territory of the importing member,
and the relative cost- effectiveness of alternativeapproaches to limiting risks.This approach is not taken into account at
present.This obligation will be incorporated in
the legislation under preparation.
5.4 Members should, when determining the appropriate
level of sanitary and phytosanitary protection, take
into account the objective of minimizing negativetrade effects.There is no written rule on this, but in
practice the negative trade effects are
considered before determining the level ofSPS protection.Legislation is under preparation which
will incorporate all obligations under
the SPS Agreement. Draft legislationwill be ready around end – September
1999, and will be enacted by the end ofWT/ACC/SAU/42
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1999.
5.5 Members shall avoid arbitrary or unjustifiable
distinctions in the levels it considers appropriate, if
such distinction results in discrimination or a
disguised restriction on international trade.This is currently being implemented in the
Kingdom as measures are applied without
discrimination.This obligation will be incorporated in
the legislation under preparation.
Members shall cooperate in the Committee onSanitary and Phytosanitary measures. In developing
the guidelines to further the practical implementation
of this provision, the committee shall take into
account all relevant factors including the exceptional
character of human health risks to which peoplevoluntarily expose themselves.
5.6 Members shall ensure that such measures are not
more trade restrictive than required to achieve their
appropriate level of sanitary and phytosanitary
protection, taking into account technical and
economic feasibility.The requirements of this clause are
generally met by Saudi Arabia.Will be reflected in the legislation under
preparation.
5.7 A member may provisionally adopt sanitary and
phytosanitary measures on the basis of available
pertinent information, in cases where relevant
scientific evidence is insufficient. In such
circumstances, members shall seek to obtain theadditional information necessary for a more effective
assessment of risk and review the sanitary and
phytosanitary measures accordingly within a
reasonable period of time.This is being done at present. Will be incorporated in the legislation
under preparation.
5.8 When a member has a reason to believe that another
member is constraining its exports and the measure is
not based on the relevant international standards,guidelines or recommendations, an explanation of the
reasons for such sanitary or phytosanitary measureWe take note of this provision. The obligation part of this provision
will be suitably reflected in the
legislation under preparation.WT/ACC/SAU/42
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may be requested and shall be provided by the
member maintaining the measure.
6.1 Members shall ensure that their sanitary and
phytosanitary measures are adapted to the sanitary
and phytosanitary characteristics of the area –
whether all of a country or part of a country, or all or
parts of several countries, from which the productoriginated and to which the product is destined. In
assessing the sanitary or phytosanitary characteristics
of a region, members shall take into account the level
of prevalence of specific disease or pests, the
existence of eradication or control programmes,
which may be developed by the relevant international
organization.Not being followed at present. This obligation will be reflected in the
legislation under preparation.
6.2 Members shall recognize the concepts of pest or
disease – free areas and area of low pest or diseaseprevalence. Discrimination of such area shall be
based on factors such as geography, ecosystems,
epidemiological surveillance, and the effectiveness of
sanitary or phytosanitary controls.Not being followed at present. Will be reflected in the legislation under
preparation.
6.3 Exporting members claiming that areas within their
territories are pest or disease – free areas or areas of
low pest or disease  prevalence  shall  provide the
necessary evidence  thereof  in  order   to
objectively   demonstrate   to the importing memberthat such areas are, and likely to remain, pest or
disease prevalence, respectively. For this purpose
reasonable access shall be given upon request to the
importing member for inspection, testing and other
relevant procedures.Saudi Arabia is mainly an importing
country for SPS purposes. The provision
does not contain an obligation for an
importing country.__________
7 Members shall notify changes in their sanitary and
phytosanitary measures, and shall provideNot being followed at present.
Enquiry points exist in the Ministry ofThe obligations under this Article will
be fully reflected in the legislationWT/ACC/SAU/42
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information in the following manner:
(a) Regulations are published in such a manner
as to enable interested members to become
acquainted with them.
(b) Except in urgent circumstances, members
shall allow a reasonable interval between the
publication of a sanitary or phytosanitary
regulation and its entry into force.
(c) Each member shall ensure that one inquiry
point exists which is responsible for theprovision of answers to all reasonable
questions from the interested member.
(d) Whenever an international standard,
guideline or recommendation does not exist,
or the content of a proposed sanitary orphytosanitary regulation is not substantially
the same as the content of an international
standard, guideline or recommendation, and
if the regulation may have a significant effect
on trade of other member, members shall:
(e) Published a notice at an early stage.
(f) Notify other members through the secretariat,
of the products to be covered by the
regulation at an early stage.
(g) Provide upon request to other members
copies of the proposed regulation and
whenever possible, identify the parts whichin substance deviate from international
standards, guidelines or recommendations.
(h) Without discrimination, allow reasonable
time for other members to make comments in
writing, discuss these comments uponCommerce, Ministry of Agriculture and
Water and in SASO.under preparation.
A single Enquiry point is being
established in the Ministry of
Commerce. It will be operational
around October 1999.WT/ACC/SAU/42
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request, and take the comments and the
results of the discussions into account.
However, when urgent problems of health protectionarise, or thereafter to arise for a member, that
member may omit such of the steps enumerated
under the above paragraph, provided that the
member:(a) Immediately notifies other members, through
the secretariat, of the particular regulation
and product covered, with a brief indication
of the objective and the rationale of the
regulation, including the nature of the urgent
problem(s).
(b) Provide upon request copies of the regulation
to other members.
(c) Allows other members to make comments in
writing, discuss these comments upon
request, and take the comments and the
results of the discussion into account.
- Notifications to the secretariat shall be in
English, French or Spanish.
- Members shall designate a single central
government authority as responsible for the
implementation of the provisions concerning
notification procedures.
- Nothing in this agreement shall be construed as
requiring the provision of particulars or copies of
drafts or the publication of texts other than in the
language of the member except as stated
concerning the languages above. Furthermore,nothing in this agreement shall be construed as
requiring member to disclose confidentialWT/ACC/SAU/42
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information which would impede enforcement of
sanitary or phytosanitary legislation of which
would prejudice the legitimate commercial
interest of particular enterprises.
8 Members shall observe the provision of Annex C in
the operation of control inspection and approval
procedures including national systems for approvingthe use of additives or for establishing tolerances for
contaminants in the foods, beverages or foodstuffs
and otherwise ensure that their procedures are not
inconsistent with the provisions of this agreement.Currently implemented in the KSA as
conditions and requirements herein are
covered by both national and internationalstandards.Will be reflected in the legislation under
preparation.
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