RESTRICTED  
  
WT/ACC/COM/11  
7 October  2016 
(16-5425) Page: 1/8 
Working Party on the Accession of the  
Union of the Comoros  Original:  French  
 
  ACCESSION OF THE UNION OF THE COMOROS  
CHECK -LIST OF ILLUSTRATIVE SPS ISSUES FOR CONSIDERATION IN ACCESSIONS  
The following submission, dated 2 8 September  2016, is being circulated at the request of 
the delegation of the Union of the Comoros.  
 
 
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
 
 
 
 
 
 
 
 
 
 
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  There is a national legal and regulatory frame of reference for health standards and food safety that is in 
line with the principles of the SPS Agreement . Fourteen basic texts are the main elements o f this frame 
of reference : 
- Law No.  12-018/AU of 25  December  2012 on food legislation, enacted by Decree  No. 13-016/PR 
of 6 February  2013 in accordance with the SPS Agreement  
This relatively recent law constitutes a notable advance with regard to conformi ty with the principles of 
the SPS Agreement and in legal terms, as it introduced fundamental concepts such as risk analysis, the 
obligation to market only healthy products, the obligation to inform consumers about product 
characteristics by means of labell ing, the obligation to respect conditions of hygiene in production, the 
obligation to observe use -by dates, etc.  
- Law No.  06-010/AU of 2  December  2006 on plant protection in the Comoros (see document 
WT/ACC/COM/12 , No. 28) 
This law introduces phytosanitar y import and export controls in the Union  of the Comoros, together with 
control of the distribution and use of phytopharmaceutical products in the fight against plant and plant 
product pests.  
- Law No.  95-009 of 2 0 June 1995 on the creation, organization a nd operation of the National 
Institute for Research in Agriculture, Fisheri es and the Environment (INRAPE) (see document 
WT/ACC/COM/12 , No. 26) 
INRAPE's main objective is to design and facilitate agricultural, fisheries -related and environmental 
programmes , research and studies.  
- Decree No.  87-024 of 20  August  1987, regulating imports of animals and animal  products  
This decree is the basic charter governing veterinary sanitary control of live animals and animal 
products . In particular, it introduces:  
 the o bligation for importers to obtain authorization from the competent veterinary services 
prior to any importation of live animals;  
 
 the obligation for imported animals to undergo sanitary inspection before landing, which , in 
principle, can only be done at ce rtain specified ports and airports;  
 
   
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
 presentation of a sanitary certificate for each import, specifying a certain amount 
of information for the animal species concerned;  
 
 application of quarantine measures to all animals authorized for landing (for a mini mum 
duration of 21 days).  
 
- Decree No.  87-018/PR regulating animal health protection in the Federal Islamic Republic of the 
Comoros (See document WT/ACC/COM/12 , No. 29) 
- Decree No.  7-019/PR establishing regulations on the production, marketing, and safet y inspection 
of food products  
- Decree No.  5-050/PR implementing Law No.  07-011/AU of 29 August  2007 on the Fisheries and 
Aquaculture Code of the Union of the Comoros  
- Decree No. 15-051/PR  establishing the National Fishery Product Quality Control and Cert ification 
Office (ONCQCPH)  
The ONCQCPH is tasked with monitoring hygiene conditions applicable to fishery products throughout 
the fisheries sector and export certification . 
 
- Decree  No. 5-052/PR on ascertaining  violations of the sanitary regulations and a dministrative 
measures taken in respect of  the sale and safety of fishery products  
- Decree No.  4/081/PR  enacting Law No.  14-010/AU of 21 April 2014 on the Code regulating the 
marketing and distribution of breastmilk substitutes in the Union of the Comoros  
 The Code governs the production, import, marketing, distribution and practices relating to the 
following products:  
 
 breastmilk substitutes, including infant formula ; 
 any other milk product , food  or beverage, including bottle -fed supplements , when sold or  
otherwise presented as appropriate for use, with or without modification, as a partial or to tal 
substitute for breast milk;  
 feeding bottles and teats . 
It also applies to the quality and availability of these products and information for use.    
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
 
- Decree N° 87-018/PR of 9 July 1987 on health protection regulations in the Republic of the 
Comoros  
- Decree N° 87 -09/PR of 9 July 1987 regulating  the production, storage, marketing and safety 
inspection of food products  
- Order No.  3-042/ of 1 8 November  2013 on the establishment, functions and organization of the 
national stockbre eding policy platform committee  
- Order No.  09/13/VP -MAPEEIA/CAB creating the National Codex Alimentarius Committee (see 
document WT/ACC/COM/12 , No. 25) 
2. Establishment and 
operation of a single 
Contact Point for 
Information ("enquiry 
point").  2. Article 7 and 
Annex  B.3 A national enquiry point (PIN) was appointed by note No.  024 of 6  February  2014, with responsibility for 
answering all reasonable questions and providing relevant documents concerning:  
- Any sanitary or phytosanitary regulations adopted or proposed within the country . 
- Any control and inspection procedures, production and quarantine treatment, 
pesticide  tolerance and food additive approval procedures.  
3. Transparency : 
notification and access 
to documentation:  3. Articles 7 and 
Annex  B, also G/SPS/7  The above -mentioned contact point is the only point of access to  documentation and information 
disseminati on point.  
 (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  The WTO reference centre in the Ministry of the Economy and Foreign Trade is the authority responsible 
for notification s to the WTO.    
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
 (b) establish guidance 
or law requiring 
publication of 
proposed 
measures at an 
early stage for 
comment ;  (b) Annex  B.5(a) The duty of publication lies with the national notification authority.  
 (c) provision in law or 
administrative 
procedure to 
provide c opies of 
proposed 
measures to 
Members ; and  (c) Annex B.5(c)  The national notification authority is responsible for all communications in this connection . 
 (d) require in law or 
administrative 
procedure, a 
reasonable period 
of time for 
comment from 
Member s and the 
public, and 
establishment of a 
process to take 
comments into 
account without 
discrimination .  (d) Annex B.5(d)  There are no plans for a law as yet.  
4. Necessity : measures 
are applied only to the 
extent necessary to 
protect human, animal 
or plant  health.  4. Article 2.2  Yes, Article 1 of the food law stipulates that "This law has as its purpose:  
 
a. to protect consumers against foodstuffs and materials in contact with foodstuffs which 
could endanger health;  
 
b. to ensure the quality, hygiene and f ood safety of every food chain;  
 
c. to protect consumers against food -related fraud and deception ; 
 
d. to define the criteria for control of local, imported and exported food products ."   
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
  Similarly, the principle of necessity forms part of the Internation al Plant Protection Convention (IPPC) 
standards which the National Plant Protection Organization (NPPO) will be required to uphold once the 
draft phytosanitary law is adopted.  
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 Regulations based on science : regulations governing animal and plant health and food safety shall be 
based on scientific evidence.  
Yes, the monitoring system is based on sc ientific elements provided for in Articles 4, 25 and 26 of the 
current food law . 
Article 4 - "Control measures must be coordinated in order to coherently cover the entire food chain . 
They must be carried out on a scientific and legal basis, with full indep endence and in a uniform manner 
throughout the Union of the Comoros. " 
Article 25 - "Monitoring systems to prevent any risk of food contamination by extraneous matter, 
harmful emissions, undesirable chemical substances and ionizing radiation shall be establ ished by 
regulatory means. " 
Article 26 - "Biological specifications must be based on sound scientific principles and indicate, where 
appropriate, follow -up procedures, methods of analysis and action limits ." 
This is also provided for in the draft phytosani tary law.  
6. Harmonization : to the 
extent possible, 
members shall follow 
international standards, 
guidelines, and 
recommendations in 
establishing SPS 
measures.  6. Article 3.1, 3.3 
and 3.4 In order to comply with international standards, guidelines and rec ommendations in establishing SPS 
measures, the Union of the Comoros has mobilized the Standards and Trade Development Facility 
(STDF), whose purpose is to help developing countries to improve their food safety, animal health and 
plant protection capacity b y increasing awareness, mobilizing resources, strengthening collaboration and 
identifying and disseminating good practice in SPS -related technical cooperation . It also provides 
support and financing for the development and implementation of projects that e ncourage compliance 
with international SPS requirements . For this purpose, the Union of the Comoros has taken advantage of 
the project entitled "Strengthening the sanitary and phytosanitary system in the Comoros", funded by 
the STDF and implemented by the Government in collaboration with the UNDP and FAO . The 
phytosanitary aspects of this project are intended : (i) to help the country to establish an efficient 
phytosanitary system and (ii) to take steps to secure access to international markets for its cash crops 
and thus generate income . The IPPC collaborates with the UNDP and FAO to strengthen phytosanitary 
capacities in compliance with the SPS Agreement . Indeed, the rules of international trade are 
administered by the World Trade Organization (WTO) , which relies on the International Plant Protection 
Convention (IPPC) to define international standards for the implementation of the SPS Agreement . These 
partners have provided support to the Union of the Comoros in preparing a draft phytosanitary law with 
due r egard for the standards recognized by the IPPC and the WTO, as well as raising awareness for the 
authorities to adopt this law in order to facilitate and maintain market access for plant products.    
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
7. Equivalence : Members 
shall recognize different 
measures  that achieve 
the same level of 
protection.  7. Article  4 There is no provision for this in the existing food law . However, the National Plant Protection 
Organization (NPPO) provided for in the draft law should apply the phytosanitary principle of the IPPC 
consisting of acceptance of proposed alternative measures when they serve to obtain the same level of 
protection.  
8. Risk Assessment : 
developing scientific 
evidence and 
conducting risk 
assessments to ensure 
that measures are 
based on science and 
applied o nly to the 
extent necessary to 
protect health.  8. Article 5.1, 5.2 
and 5.3 According to the results of the analysis conducted by the FAO:  
- The Union of the Comoros has no food -related risk assessment mechanism based on the approach 
recommended at internat ional level.  
- Risk assessment is known to be an essential stage in developing an appropriate risk management 
policy.  
- Scientific data that could possibly be used in risk assessments might be available to different 
national entities, even if such data are  undoubtedly very limited (lack of operational laboratories 
for conducting analyses and efficient epidemiological structures), but no procedure has been 
established to make use of these data.  
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 risk analysis provided for in the draft law on phytosanitary protection in the Comoros entails a 
process o f evaluating biological or other scientific and economic evidence to determine whether an 
organism is a pest, whether it should be regulated, and the strength of any phytosanitary measures to 
be taken against it.  
This draft law takes account of the charact eristics of the production areas:  
- Area of low pest prevalence, defined by the draft law as an "area, whether all of a country, part of 
a country, or all or parts of several countries, as identified by the competent authorities, in which 
a specific pest o ccurs at low levels and which is subject to effective surveillance, control or 
eradication measures".  
- Pest-free area : "Area in which a specific pest does not occur as demonstrated by scientific 
evidence and in which, where appropriate, this condition is being officially maintained" . 
In this context, the NPPO provided for in the above -mentioned draft law is responsible for protecting 
endangered areas and designating, maintaining and monitoring pest -free areas and areas of low pest 
prevalence . It is respons ible for conducting the pest risk analysis and for ensuring, through appropriate 
procedures, that the phytosanitary security of consignments after certification regarding composition, 
substitution and reinfestation is maintained up to the time of  export.    
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Commitments (by the 
time of accession)  WTO Reference  Status (as of August  2016)  
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)  Article 1 of the draft law on phytosanitary protection of the U nion of the Comoros lays down the 
principles and rules governing prevention of the spread and introduction of pests of plants and plant 
products in all sectors of the national economy, and the adoption of appropriate measures for their 
control . It is suppl emented by Article  2, which specifies that the draft law "applies on the entire territory 
of the Union of the Comoros to any legal or natural person, public or private, without distinction of 
nationality" . Moreover, the draft law provides for the applicati on of the IPPC principles of 
non-discrimination : "requirements for imports should not be more stringent than the effect of official 
control in an importing country" . The Comoros' commitment to implementing IPPC principles leads to 
compliance with this prin ciple.  
 
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 with 
the Agreement.  11. Article 8 and Annex C  The NPPO is required to apply the principles and international standards of the IPPC with regard to 
control, inspection and approval procedures, which are in compliance with the provisions of the WTO SPS 
Agreement.  
Please provide a list of  all quarantine pests and diseases for which the government has set official 
controls . 
A list of regulated quarantine pests  that may not be introduced whether singly or on or in plants or plant 
products , has been drawn up and is the subject of an implement ing text which h as not yet been signed.  
 
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