RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KHM/9
11 December 2001
(01-6278)
Working Party on the
Accession of CambodiaOriginal:  English
ACCESSION OF CAMBODIA
Checklist of SPS Requirements and Implementation by the Kingdom of Cambodia
The Government of the Kingdom of Cambodia has submitted the following Checklist of SPS
requirements and implementation by Cambodia, with the request that it be circulated to the Working
Party.
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Page 2Checklist of SPS Issues
Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
1. Standstill: the introduction of new standards, animal
health regulations and food safety regulations shallconform to SPS Agreement principles.1. Generally agreed
principle in WTOaccessionnegotiations. At present, sanitary and phytosanitary measures are applied and regulated on the
basis of the Sub-Decree on Sanitary Inspection of Animal and Animal Products of29 July 1988 (No.14AR.NOR.KRAR);   Sub –Decree on Plant Quarantine of 8October 1983 (No.98AR NOR KRO) and Sub-Decree on Standards andManagement of Agricultural Materials of 28 October 1998 (No.69 AR NOR
KRA/BARKAR). They are also subject to the Law on the Management of Quality
and Safety of Products and Services of 21 June 2000. The Government hasprepared new drafts of Sub-Decrees on quarantine and sanitary inspection of animaland animal products which take into account basic provisions of the SPSAgreement. Their submission to the Council of Ministers for approval is expected
in 2003.
2. Establishment and operation of a single Contact Point
for Information ("enquiry point").2. Article 7 and Annex
B.3.The Government is considering this matter with active participation of the Ministry
of Agriculture, Forestry and Fisheries, Ministry of Commerce and Ministry of
Health.
3. Transparency: notification and access to
documentation:3. Articles 7 and Annex
B, Also G/SPS/7.
(a) identification of authority responsible for making
notifications to the WTO and ensuringtransparency obligations are met on an ongoingbasis;(a) Annex B.5.(b)
and AnnexB.10.The Government is considering this matter with active participation of the Ministry
of Agriculture, Forestry and Fisheries, Ministry of Commerce and Ministry ofHealth.
(b) establish guidance or law requiring publication of
proposed measures at an early stage for comment;(b) Annex B.5(a). The draft Sub-Decrees mentioned above will contain provisions on that matter.
(c) provision in law or administrative procedure to
provide copies of proposed measures to WTO
Members; and(c) Annex B.5.(c). The draft Sub-Decrees mentioned above will contain provisions on the notification
of proposed measures to the relevant international organizations responsible for
SPS matters.
(d) require in law or administrative procedure, a
reasonable period of time for comment fromMembers and the public, and establishment of aprocess to take comments into account withoutdiscrimination.(d) Annex B.5(d). The draft Sub-Decrees mentioned above will contain, to the extent possible,
provisions on these issues.WT/ACC/KHM/9
Page 3Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
4. Necessity: measures are applied only to the extent
necessary to protect human, animal or plant health.4. Article 2.2. The draft Sub-Decrees mentioned above will contain provisions on the “necessity”
following, in particular, the Code of Diseases of the International Office of
Epizootics, Codex Alimentarius and requirements of the International Plant
Protection Convention.
5. Regulations Based on Science: regulations governing
animal and plant health and food safety shall be basedon scientific evidence.5. Articles 2.2, 3.3 and
5.2.The draft Sub-Decrees mentioned above will contain, to the extent possible,
provisions on these issues. However, in order to implement effectively SPSmeasures based on the scientific evidence, Cambodia requires comprehensivetechnical and financial assistance from WTO members and relevantinternational/regional organizations. Cambodia especially requires help in human
capacity building, modernization of facil ities and technological bases.  Cambodia
will also require a  period of five years upon its accession to the WTO  to delayapplication of the provisions of the SPS Agreement, as provided in Articles 14 and10 of the Agreement.
1
6. Harmonization: to the extent possible, members shall
follow international standards, guidelines, andrecommendations in establishing SPS measures.6. Articles 3.1, 3.3 and
3.4.The draft Sub-Decrees mentioned above will contain provisions on the
harmonization issues. Cambodia is participating in ASEAN harmonizationactivities on SPS measures.
7. Equivalence: members shall recognize different
measures that achieve the same level of protection.7. Article 4. The draft Sub-Decrees mentioned above will contain, to the extent possible,
provisions on these issues. Equivalence is subject of regional and bilateral
agreements to which Cambodia is or will be a party.
8. Risk Assessment: developing scientific evidence and
conducting risk assessments to ensure that measuresare based on science and applied only to the extentnecessary to protect health.8. Article 5.1, 5.2 and
5.3.The draft Sub-Decrees mentioned above will contain, to the extent possible,
provisions on these issues. However, in order to implement effectively SPSmeasures based on the scientific evidence and conducting credible risk assessments,Cambodia requires comprehensive technical and financial assistance from WTOmembers and relevant international/regional organizations. Cambodia especiallyrequires help in human capacity building, modernization of facilities and
technological bases.
                                                     
1The transition period  and its duration are required for a scientifically grounded revision of national sanitary, veterinary an d phytosanitary rules to comply with the
relevant international agreements, including those laid down by the Food and Agriculture Organisation (FAO). This would involve , among other activities, collection, translation
into Khmer language and analysis of the relevant international practices, customization to the international practice of new sa nitary, veterinary and phytosanitary regulations,
upgrade  of technological resources for sanitary, veterinary and phytosanitary institutions (laboratories), and training for sa nitary/phytosanitary officers. It will be emphasized that
for a least developed country like Cambodia the implementation of  these measures during the transition period  would also depe nd on the immediate availability of financial and
expert support from WTO Members and relevant international organizations.WT/ACC/KHM/9
Page 4Commitments (by the time of accession) WTO Reference Domestic Regulations/Progress in Implementation
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.The draft Sub-Decrees mentioned above will contain, to the extent possible,
provisions on these issues.
10. Non-discrimination:  measures do not arbitrarily or
unjustifiably discriminate between different membersor between domestic and foreign suppliers.10. Article 2.3, and
Annex C.1(a) and(d).The draft Sub-Decrees mentioned above will contain provisions on the non-
discriminatory treatment.
11. Control, inspection and approval procedures: ensure
that procedures, including systems for approval of theuse of additives or for establishing tolerances forcontaminants in foods, beverages or feed stuffs comply
with the Agreement.11. Article 8 and Annex
C.1. The draft Sub-Decrees mentioned above, as well as draft Sub-Decrees on
Food Hygiene, on Food Additives and Contaminants, on Maximum Limit ofResidue of Pesticides, will substantially improve and rationalize control, inspectionand approval procedures consistent with the SPS Agreement.
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