RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/6 
13 January 2004 
 (04-0090) 
Working Party on the 
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Check-list of Illustrative Sanitary and Phytosanitary (SPS) and  
Technical Barriers to Trade (TBT) Issues for Consideration in Accessions  
  
 The following submissions dated 22 December 2003, is being circulated at the request of the 
Delegation of Cape Verde.  
 
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 WT/ACC/CPV/6 
Page 2 Check-list of Illustrative SPS Issues for Consideration in Accessions  
                
Commitments (by the time of accession) WTO Refe rence Status (as of 29 September 2003) 
1. Standstill: the introduction of new standards, 
animal health regulations and food safety 
regulations shall conform to SPS Agreement principles. 1.  Generally agreed principle in WTO accession 
negotiations.  The Government of Cape  Verde is committed to 
complying with requirements of the SPS Agreement.  
As an LDC, it recognizes that financial and technical resources will be required to achieve the required level 
of compliance.  In such case, Cape Verde will need a 
transition period.  
2. Establishment and operation of a single Contact 
Point for Information ("enquiry point"). 2. Article 7 and Annex B.3. There is no  Enquiry Point for SPS matters.  A Contact 
Point will be set up as soon as possible.  
3. Transparency: notification and access to 
documentation: 3.  Articles 7 and Annex B, Also G/SPS/7. There is no Enquiry Point. Consequently no 
notifications have been made and other functions of the 
enquiry point are not being carried out 
 (a)  identification of authority responsible for 
making notifications to the WTO and ensuring transparency obligations are met on 
an ongoing basis;  (a)  Annex B.5. (b) And Annex B.10. These provisions have not been met and will be in 
compliance when an SPS Enqu iry Point is established 
(as part of the accession process). 
 (b)  establish guidance or law requiring 
publication of proposed measures at an early stage for comment;  (b)  Annex B.5 (a). As of now, there is no guidance or law requiring 
publication of proposed measur es at an early stage, for 
comment. 
 (c)  provision in law or administrative procedure 
to provide copies of proposed measures to 
WTO Members; and  (c)  Annex B.5. (c). Same as above, concerning notice to WTO Members 
 (d)  require in law or administrative procedure, a 
reasonable period of time for comment from Members and the public, and establishment of 
a process to take comments into account 
without discrimination.  (d)  Annex B.5 (d). Same as in 3.b above. 
4. Necessity:  measures are applied only to the extent 
necessary to protect human, animal or plant health. 4.  Article 2.2. See Decree No. 63/89 of 14.09, Decree-Law No. 89/92 
of 16 July, Decree-Law No. 26/97 of 19 May, 
Regulatory Decree No. 15/97 of 3 December; 
Resolution No. 57/97 of 29.12; Decree-law No. 74/97 and Decree-law No. 75/97 both of 29 December. 
5. Regulations Based on Science: regulations 
governing animal and plant health and food safety 
shall be based on scientific evidence. 5.  Articles 2.2, 3.3 and 5.2. As of now, there is no legal instrument that establishes 
or describes or requires animal and plant health, and 
food safety to be based on scientific evidence. 
6. Harmonization:  to the extent possible, members 
shall follow international standards, guidelines, and recommendations in establishing SPS measures. 6.  Articles 3.1, 3.3 and 3.4. Same as in 3 b. above.  Cape Verde is a member of the 
Codex Alimentarius Commission and the International Plant Protection Convention, but is not a member of the 
International Office of Epizootics.   
  WT/ACC/CPV/6
 Page 3Commitments (by the time of accession) WTO Refe rence Status (as of 29 September 2003) 
7. Equivalence: members shall recognize different 
measures that achieve the same level of protection. 7. Article 4. Although there are no legal instruments to express the 
equivalence provisions of the SPS Agreement, Cape 
Verde is not in a position to exercise this provision 
without establishing a food law and developing the equivalent control measures that most countries have to 
benefit from this concept.  
8. Risk Assessment: developing scientific evidence 
and conducting risk assessments to ensure that measures are based on science and applied only to 
the extent necessary to protect health. 8.  Article 5.1, 5.2 and 5.3. As a member of Codex, the Codex standards can be 
applied to establish an acceptable level of protection for food safety. However, assuring  the public of this level of 
protection from unsafe and poor quality food requires 
control measures which are absent due to legal, infrastructural, financial, and technical capability and to 
capacity deficiencies. 
9. Regional conditions: measures take into account 
the regional characteristics both of the areas from which products originate and the areas for which 
they are destined. 9.  Article 6 and Annexes A.6 and A.7. This prov ision is currently a non-applicable, since Cape 
Verde does not have capability or capacity to exercise control measures over imported food, and has little 
opportunity to do any more but poor control of live 
animal and plant protection activity.  
10. Non-discrimination:  measures do not arbitrarily or 
unjustifiably discriminate between different 
members or between domestic and foreign 
suppliers. 10.  Article 2.3, and Annex C.1 (a) and (d). Same as above 
11. Control, inspection and approval procedures: 
ensure that procedures, including systems for approval of the use of additives or for establishing 
tolerances for contaminants in foods, beverages or 
feedstuffs comply w ith the Agreement.  11.  Article 8 and Annex C. The lack of Control, Inspection and Approval 
Procedures is the greatest impediment to Compliance with SPS. Many units for control, inspection and 
approval were created but  there is no law and 
regulations dealing with procedures and systems to approve the use of additives or for establishing 
tolerances for contaminants in foods, beverages or 
feedstuffs compliance with the Agreement. 
 
 
  
 WT/ACC/CPV/6 
Page 4 Check-list of Illustrative TBT Issues for Consideration in Accessions  
 
Commitments (by the time of accession) WTO Refe rence Status (as of 29 September 2003) 
1.  Standstill: the introduction of new standards, 
technical regulations an d conformity assessment 
procedures should be fully compatible with the TBT Agreement 1.  Generally agreed principle in WTO accession 
negotiations The Government of Cape Verde is committed to 
complying with requirements of the TBT Agreement. 
As a LDC, it recognizes that  both financial and technical 
resources will be required to achieve the level of 
compliance. 
2. Submission of Statement on Implementation 2.  Article 15.2 and TBT Committee Decision 
(G/TBT/1) Cape Verde has already a WTO Unit. This is a function 
of the WTO Unit. 
3.  Establishment and operation of a single Contact 
Point for Information ("inquiry point") 3.  Article 10 There is no Inquiry Point for TBT matters. The future 
Inquiry Point will be, within the Ministry responsible for 
Trade, the Trade Policy/WTO Unit. 
4.  Identification of authority responsible for 
notifications, publications and other internal 
procedures to ensure transparency obligations are met on an ongoing basis: 4.  Articles 2, 3, 5, 7, 10, 15.2, Annex 3 and G/TBT/1 These provisions have not been met and will not be in 
compliance until an SPS Enquiry Point is established (as 
part of the accession process) together with the WTO Unit which is the focal point. 
 (a)  Identification of publication where notices of 
proposed technical regulations and 
conformity assessment procedures will appear;  (a)  Articles 2.9.1, 3.1, 5.6.1, 7.1, 10.1.5 A ll laws, rules, regulations, advertisement public notice 
for the purpose of enforcement must be published in the 
Official Bulletin, according to the Constitution. 
 (b)   Identification of authority responsible for 
making notifications to the WTO;  (b)   Article 2.9.2, 2.10.1, 3.2, 3.3, 5.6.2, 5.7.1, 
7.2, 7.3, 10.7, 10.10 Trade Policy/WTO Unit through the Ministry in charge 
of Trade Policy. 
 (c)   Guidance/law to ensure regulatory authorities 
afford non-discriminatory consideration of 
comments in the preparation of a final regulation;  (c)   Articles 2.9.4, 2.10.3, 3.15 3.3, 5.6.4, 5.7.3, 
7.1, 7.3 As of now, there is no legal instrument on this issue. 
  (d)  Guidance/law to ensure regulatory authorities 
allow a reasonable period of time between the 
final publication of a technical regulation and conformity assessment procedure and its 
entry into force so that suppliers can adapt;  (d)   Articles 2.11, 2.12, 3.1, 5.8, 5.9, 7.1 Measures provided in : the Constitution - Articles 255 to 
264; Civil Code  - Articles 3, 5 and 7; Decree No. 74/92 
of 30 June 1992 - Articles 1, 5 and 6; Decree-law No. 21/2002 of 24 August 2002. There is no reason for 
applying them under the TBT Agreement. 
 (e)  Publication and notification of work 
programme for standards and non-governmental conformity assessment 
procedures, including publication of notices 
of draft standards and an opportunity for public comment.  (e)   Article 4, Annex 3 (J, K, L, N, 0);  Article 8.1 Same as above.  
  WT/ACC/CPV/6
 Page 5Commitments (by the time of accession) WTO Refe rence Status (as of 29 September 2003) 
5.  Development and Application of Technical 
Regulations and Conformity Assessment 
Procedures: Existence of legal and/or 
administrative underpinnings (or reasonable measures" as appropriat e) to ensure ongoing 
compliance with provisions of the agreement 
concerning, in particular: 5.  Articles 2, 3, 5, 6, 7 As of now, th ere are no legal instruments that establish 
or describe standards or technical regulations in Cape 
Verde. Within the Government  of Cape Verde, there is 
no agency or organization responsible for TBT activities. 
 (a)  non-discrimination with respect to the 
treatment of products;  (a)  Articles 2.1, 3.1, 5.1, 5.2, 7.1 Same as above. 
 (b)  the prohibition of unnecessary obstacles to 
international trade and the consideration of 
less trade-restrictive alternatives to fulfilling legitimate objectives;  (b)  Articles 2.2, 3.1, 5.1, 5.2, 7.1 Same as above. 
  (c)  the ongoing review of technical regulations to 
ensure they are appropriate to achieve the 
desired legitimate objective;  (c)  Article 2.3, 3.1, 7.1 Same as above. 
 (d)  the consideration of appropriate international 
standards, guides and recommendations as a basis for technical regulations and conformity 
assessment procedures;  (d)  Article 2.4, 3.1, 5.4, 7.1 Same as above. 
 (e)  the consideration of equivalent technical 
regulations of other Members;  (e)  Article 2.7, 3.1, 7.1 Same as above. 
 (f)  the acceptance of th e results of conformity 
assessment procedures conducted by bodies in an exporting Member country;  (f)  Article 6, 7.1 Same as above. 
 (g)  non-discriminatory and cost-based fee 
structure.  (g)  Article 5.2, 7.1, 10.4 Same as above. 
6.  Development and Application of Standards and 
Conformity Assessment Pr ocedures: Existence of 
legal and/or administrative underpinnings (or 
"reasonable measures" as appropriate) to ensure 
ongoing compliance with provisions of the agreement concerning, in particular: 6. Article 4 and Annex 3, Article 8 As of now, there are no legal instruments that establish 
or describe standards or technical requirements in Cape 
Verde.  Within the Government of Cape Verde, there is 
no agency or organization responsible for TBT 
activities. 
  (a)  non-discrimination with respect to the 
treatment of products;  (a)  Annex 3 (D), Article 8.1 Same as above 
 (b)  the prohibition of unnecessary obstacles to 
international trade;  (b)  Annex 3 (E), Article 8.1 Same as above. 
 (c)  the consideration of appropriate international 
standards, guides and recommendations as a 
basis for standards;  (c)  Annex 3 (F), Article 8.1 Same as above.  
 WT/ACC/CPV/6 
Page 6 Commitments (by the time of accession) WTO Refe rence Status (as of 29 September 2003) 
 (d)  non-discriminatory and cost-based fee 
structure.  (d)  Annex 3 (M), Annex 3 (P), Articles 8.1, 10.4 Same as above. 
 
 
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