RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/NPL/6
12 April 2000
(00-1471)
Working Party on the
Accession of NepalOriginal:  English
ACCESSION OF THE KINGDOM OF NEPAL
Checklist of Illustrative Sanitary and Phytosanitary (SPS)
Issues for Consideration in Accessions
The following Checklist of Illustrative SPS Issues has been received from the Ministry of
Commerce of the Kingdom of Nepal, with the request that it be circulated to Working Party members.
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Commitments
(by the time of accession)WTO Reference Domestic Provisions
1. Standstill: the introduction of
new standards, animal healthregulations and food safety
regulations shall conform to
SPS Agreement principles.1. Generally agreed principal in
WTO accession negotiations.1. All new S&P regulations will
be in accordance with CodexAlimentarius.
2. Establishment and operation of
a single Contact Point forInformation ("enquiry point").2. Article 7 and Annex B.3. 2. Enquiry point will be
established.
3. Transparency: notification and
access to documentation:3. Articles 7 and Annex B, Also
G/SPS/7.3. - Section 10 of Animal Feed
Act, 1976.
- Section 7 of Food Act, 1966.
- Sections 7, 11, 18 of Seed
Act, 2045 (1988).
- Section 3 of Plant Protection
Act, 2029.
(a) identification of authority
responsible for makingnotifications to the WTO and
ensuring transparency
obligations are met on anongoing basis;(a) Annex B.5.(b) and Annex
B.10.(a) Authority responsible for
making notifications to theWTO and implementation is
to be declared after accession.
(b) establish guidance or law
requiring publication ofproposed measures at an earlystage for comment;(b) Annex B.5(a). (b)  All laws and notifications
have to be published in NepalGazette.
- Section 10 of Animal Feed
Act, 1976
- Section 7 of Food Act, 1966
- Sections 11, 18 of Seed Act,
1988
- Section 3 of Plant Protection
Act, 2029.
(c) provision in law or
administrative procedure to
provide copies of proposed
measures to WTO Members;and(c) Annex B.5.(c). (c) It will be arranged immediately
after the accession.
(d) require in law or administrative
procedure, a reasonable periodof time for comment fromMembers and the public, and
establishment of a process to
take comments into accountwithout discrimination.(d) Annex B.5(d). (d) It will be arranged immediately
after the accession.WT/ACC/NPL/6
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Commitments
(by the time of accession)WTO Reference Domestic Provisions
4. Necessity: measures are
applied only to the extentnecessary to protect human,animal or plant health.4. Article 2.2. 4. - Sections 2(b), 2(c), 3, 8 of
Food Act, 1966
- Sections 2(b), 3, 6(2), 11 of
Animal Feed Act, 1976
- Sections 12, 13, 14, 9,
2(1)(6) of Seed Act, 1988
- Sections 3(h), 3(3), 6(c) of
Plant Protection Act, 2029
5. Regulations Based on Science:
regulations governing animaland plant health and foodsafety shall be based on
scientific evidence.5. Articles 2.2, 3.3 and 5.2. 5. - Sections 2(b), 2(c), 3, 8 of
Food Act, 1966
- Sections 2(b), 3, 6(2), 11 of
Animal Feed Act, 1976
- Sections 12, 13, 14, 9,
2(1)(6) of Seed Act, 1988
- Sections 3(h), 3(3), 6(c) of
Plant Protection Act, 2029
6. Harmonization: to the extent
possible, members shall follow
international standards,
guidelines, andrecommendations inestablishing SPS measures.6. Articles 3.1, 3.3 and 3.4. 6. Nepal, to the extent possible,
has followed international
standards, guidelines, and
recommendations inestablishing SPS measures.
7. Equivalence: members shall
recognize different measuresthat achieve the same level of
protection.7. Article 4. 7. No laws prohibit for
equivalence.
8. Risk Assessment: developing
scientific evidence and
conducting risk assessments toensure that measures are basedon science and applied only tothe extent necessary to protecthealth.8. Article 5.1, 5.2 and 5.3. 8. - Sections 2(b), 2(c), 3, 8 of
Food Act, 1966
- Sections 2(b), 3, 6(2), 11 of
Animal Feed Act, 1976
- Sections 12, 13, 14, 9,
2(1)(6) of Seed Act, 1988
- Sections 3(h), 3(3), 6(c) of
Plant Protection Act, 2029
9. Regional conditions: measures
take into account the regionalcharacteristics both of the areasfrom which products originateand the areas for which they
are destined.9. Article 6 and Annexes A.6 and
A.7.9. - Section 13(2) of Seed Act,
1988
- Sections 3(c), 3(h) of Plant
Protection Act, 2029WT/ACC/NPL/6
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Commitments
(by the time of accession)WTO Reference Domestic Provisions
10.Non-discrimination:  measures
do not arbitrarily orunjustifiably discriminatebetween different members orbetween domestic and foreignsuppliers.10.Article 2.3, and Annex C.1(a)
and (d).10.MFN and National treatment is
respected.
11.Control, inspection and
approval procedures: ensure
that procedures, includingsystems for approval of the useof additives or for establishingtolerances for contaminants infoods, beverages or feedstuffs
comply with the Agreement.11.Article 8 and Annex C. 11. There is no inconsistent
provisions.
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