WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/LAO/6/Rev.3 
23 January 2012 
 (12-0419) 
Working Party on the 
Accession of the Lao PDR Original:   English 
 
 
 
ACCESSION OF THE LAO PDR 
 
Checklist of Illustrative Sanitary and Phytosanitary (SPS) and  
Technical Barriers to Trade (TBT) Issues for Consideration in Accessions 
 
Revision 
  The following submission, dated 13 January 2012, is being circulated at the request of the Government of the Lao People's Democratic Republic (Lao PDR). 
 
 
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 WT/ACC/LAO/6/Rev.3 
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  Checklist of Illustrative SPS Issues for Consideration in Accession 
Commitments WTO Reference Domestic Provisions 
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. 1. All new related regulations will 
be in accordance with SPS Agreement. 
2. Establishment and operation 
of a single Contact Point for 
Information ("enquiry point"). 2. Article 7 and Annex B.3 2. Address of SPS Enquiry Point:  
Department of Planning, Ministry of 
Agriculture and Forestry  
PO Box 811, Vientiane Capital,  
Lao PDR 
Tel: 85621-415363 
Fax: 85621-412343 Email:
  enquiries@laossps.gov.la  
(To be operational upon accession) 
 
Article 5, paragraph 1, Prime 
Minister Decree on Notification and Enquiry of Trade Related 
Information No. 363/PM, dated 
19 August 2010 (thereafter referred to as "Decree No. 363").  
 
Decision on SPS Enquiry Point, No. 1502/MAF, dated 23 June 2011 
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 ensuring 
transparency obligations are met on an ongoing 
basis; (a) Annex B.5(b) and 
Annex B.10 (a) Address of SPS and TBT 
Notification Unit:   Foreign Trade Policy Department, 
Ministry of Industry and Commerce 
P.O. Box 4107,  Phonexay Road, 
Vientiane Capital,  
Lao PDR Tel: 85621-450065 
Fax: 85621-450066  
Website:  
www.laoftpd.com   
 
Decision on SPS and TBT 
Notification Unit No 0471/MOIC, dated 9 March 2011  
(b) establish guidance or law 
requiring publication of 
proposed measures at an early stage for comment; (b) Annex B.5(a) (b) Article 3 of Decree 363:  
At least 60 days provided for public 
and comments of the WTO Members. 
 
Decision on SPS and TBT 
Notification Unit No 0471/MOIC, 
dated 9 March 2011 
(c) provision in law or 
administrative procedure 
to provide copies of 
proposed measures to WTO Members; and (c) Annex B.5(c) (c) See (b) above. 
Decision on SPS and TBT 
Notification Unit, No. 0471/MOIC, 
dated 9 March 2011.   
Decision on SPS Enquiry Point, 
No. 1502/MAF, dated 23 June 2011.  See revised SPS Action Plan.  WT/ACC/LAO/6/Rev.3 
 Page 3 
 
 
  Commitments WTO Reference Domestic Provisions 
(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) (d)  See (b) and (c) above.  
 
Decision on SPS and TBT Notification Unit, No. 0471/MOIC, 
dated 9 March 2011.  
 
Article 3 of Decree 363:  At least 
60 days provided for public and comments of the WTO Members. 
4. Necessity:  measures are 
applied only to the extent necessary to protect human, 
animal or plant health. 4. Article 2.2 4. Lao PDR will develop SPS 
regulations that are applied only to the extent necessary to protect 
human, animal or plant health. 
 Article 5 of Ministerial Regulation 
on the Basic Principles in the 
Application of Sanitary and Technical Measures for Food Safety 
Management No. 518/MoH, dated 
18 March 2009 (thereafter referred to as "Regulation No. 518").  
 
Article 4 of Regulation on Principles in the Application of SPS Measures 
in Plant and Animal Administration, 
No. 0039/MAF, dated 
11 January 2012.  See revised SPS 
Action Plan.  WT/ACC/LAO/6/Rev.3 
Page 4  
 
  Commitments WTO Reference Domestic Provisions 
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 5. Lao PDR will develop SPS 
Regulations based on scientific 
evidence.   
Part I(1) of National Food Safety 
Policy of Lao PDR No. 028/PM, 
dated 3 February 2009 and Article 5 
of Regulation No. 518.  
Article 5 of Regulation on Principles 
in the Application of SPS Measures in Plant and Animal Administration, 
No. 0039/MAF, dated 
11 January 2012.  See revised SPS Action Plan. 
 
Lao PDR faces difficulties in the implementation stage due to 
limitations on technical facilities, 
human resources and information with respect to scientific evidence 
provided by international 
organizations or other countries.  Therefore, technical assistance is 
required for training and education 
of staff, investment in equipment 
and working facilities, as well as 
cooperation with international organizations and WTO Members in 
order to fully implement this 
obligation. 
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 6. Lao PDR is a member of 
Codex, OIE and IPPC 
(G/SPS/49/Rev.9) and is using 
international standards, guidelines and recommendations as the basis 
for establishing SPS Measures. 
 Article 13 of the Food Law 
No. 04/NA, 15 May 2004, and 
Article 6 of Regulation No. 518.   
Article 6 of Regulation on Principles 
in the Application of SPS Measures in Plant and Animal Administration, 
No. 0039/MAF, dated 
11 January 2012.  See revised SPS 
Action Plan. 
 Technical assistance is required to 
adopt standards, guidance and 
recommendations of international organizations.  WT/ACC/LAO/6/Rev.3 
 Page 5 
 
 
  Commitments WTO Reference Domestic Provisions 
7. Equivalence:  members shall 
recognize different measures 
that achieve the same level of protection. 7. Article 4 7. Lao PDR will ensure 
compliance with equivalence 
requirement upon the accession. 
 
Article 7 of Regulation on Principles 
in the Application of SPS Measures 
in Plant and Animal Administration, 
No. 0039/MAF, dated 11 January 2012.  See revised SPS 
Action Plan. 
 Draft Regulation on Food Inspection 
has complied with this requirement. 
See revised SPS Action Plan.  
 
Training staff and enhancing 
information exchange are required to enable Lao PDR joining MRAs with 
other WTO Members. 
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 8. Chapter III (3) of National 
Food Safety Policy of Lao PDR No. 028/PM, dated 3 February 2009 
and Article 11 of Regulation 518.   
 Article 6, paragraph 2 of Regulation 
on Principles in the Application of 
SPS Measures in Plant and Animal 
Administration, No. 0039/MAF, 
dated 11 January 2012.  See revised SPS Action Plan. 
 
Draft Regulation on Food Inspection 
has based on risk assessment to 
conduct food inspection which is 
fully complied with this requirement.  See revised SPS 
Action Plan for timeline of adoption. 
 Technical assistance is required on 
training staff and necessary 
equipment. 
9. Regional conditions:  
measures take into account the 
regional characteristics both 
of the areas from which products originate and the 
areas to which products are 
destined. 9. Article 6 and Annexes A.6 
and A.7. 9. As Lao PDR is a member of 
OIE and IPPC, Lao PDR does take 
into account regional conditions for 
the purpose of applying SPS Measures.  
 
Article 8 of Regulation on Principles 
in the Application of SPS Measures 
in Plant and Animal Administration, No. 0039/MAF, dated 
11 January 2012.  See revised SPS 
Action Plan. WT/ACC/LAO/6/Rev.3 
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  Commitments WTO Reference Domestic Provisions 
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) 10. Lao PDR has introduced 
several regulations to follow this 
provision, such as :  Decree No. 363, 
Regulation No. 518, and Article 8 of 
Regulation on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration, 
No. 0039/MAF, dated 11 January 2012.  See revised SPS 
Action Plan. 
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 11. Regulation No. 518 and 
Article 10 of Regulation on Principles in the Application of SPS 
Measures in Plant and Animal 
Administration, No. 0039/MAF, dated 11 January 2012.  See revised 
SPS Action Plan.  
  WT/ACC/LAO/6/Rev.3 
 Page 7 
 
 
  Checklist of Illustrative TBT Issues for Consideration in Accession 
Commitments WTO Reference Domestic Provisions 
1. Standstill:  the introduction of 
new standards, technical regulations and conformity 
assessment procedures should 
be fully compatible with the TBT Agreement. 1. Generally agreed 
principle in WTO accession negotiations. 1. Technical regulations and 
conformity assessment procedures will be based on international standards, thus 
compatible with the TBT Agreement.  
Article 7 of Standardization Law (which was upgraded from Decree on 
Management of Standards and Quality 
of Products and Goods No. 85/PM dated 2 November 1995).   
 
Prime Minister Decree to implement Standardization Law is being developed 
to clarify and strengthen compliance 
with the TBT Agreement.  See revised 
TBT Action Plan. 
(WT/ACC/LAO/14/Rev.4).  
2. Submission of Statement on 
Implementation. 2. Article 15.2 and TBT 
Committee Decision 
(G/TBT/1). 2. Submission of Statement on 
Implementation will be made by the 
SPS and TBT Notification Unit within 
60 days of WTO accession.  
3. Establishment and operation 
of a single Contact Point for 
Information ("enquiry point"). 3. Article 10 3. Address of TBT Enquiry Point:   
Department of Standardization and 
Metrology, Ministry of Science and  
Technology (NAST)  PO Box 2279,  
Vientiane Capital, 
Lao PDR. 
Tel/Fax: 856 21-243405.  
Email: enquiries@laostbt.gov.la 
(To be operational upon accession)  
Article 5, paragraph 2, Prime Minister's 
Decree on Notification and Enquiry of Trade Related Information No. 363/PM, 
dated 19 August 2010 (thereafter 
referred to as "Decree No. 363")  
 
Decision on TBT Enquiry Point, No. 1199/ PMO-NAST, dated 
22 June 2011 
4. Identification of authority 
responsible for notifications, publications and other internal 
procedures to ensure 
transparency ob ligations are 
met on an ongoing basis:   4. Articles 2, 3, 5, 7, 10, 
15.2, Annex 3 and G/TBT/1. 4. See 3. above 
 Decision on SPS and TBT Notification 
Unit, No 0471/MOIC, dated 
9 March 2011, available at SPS and TBT Notification www.laoftpd.com. 
(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) Draft Decree on implementing 
Standardization Law.  See revised TBT 
Action Plan for timeline of adoption.   WT/ACC/LAO/6/Rev.3 
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  Commitments WTO Reference Domestic Provisions 
(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 (b) Address of SPS and TBT 
Notification Unit:   
Foreign Trade Policy Department, Ministry of Industry and Commerce 
Tel: 85621-450065 
Fax: 85621-450065  
Website: www.laoftpd.com    
(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 (c) Articles 27, 28 and 29 of 
Standardization Law No. 13/NA dated 26 December 2007, Article 3 of Decree 
No. 363,  and Draft Decree on 
implementing Standardization Law. 
(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 (d) Article 3 of Decree No. 363 and 
Draft Decree on implementing 
Standardization Law. 
(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 (e) Article 3 of Decree 363, Decision 
on SPS and TBT Notification Unit, 
No. 0471/MOIC dated 9 March 2011, and Draft Decree on implementing 
Standardization Law 
5. Development and Application 
of Technical Regulations and 
Conformity Assessment Procedures:  existence of 
legal and/or administrative 
underpinnings (or "reasonable measures" as appropriate) to 
ensure ongoing compliance 
with provisions of the agreement concerning, in 
particular:   5. Articles 2, 3, 5, 6, 7 5. Standardization Law addresses 
these requirements. 
(a) non-discrimination with 
respect to the treatment 
of products; (a) Articles 2.1, 3.1, 
5.1, 5.2, 7.1 (a) Article 6.3 of Standardization 
Law, Article 3 of Decree No. 363, and 
Draft Decree on implementing 
Standardization Law. 
(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 (b) Article 6.3 of Standardization 
Law, Article 3 of Decree No. 363, and 
Draft Decree on implementing 
Standardization Law.  WT/ACC/LAO/6/Rev.3 
 Page 9 
 
 
  Commitments WTO Reference Domestic Provisions 
(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 (c) Technical regulations are already 
subject to regular review. 
 Draft Decree on implementing 
Standardization Law. 
(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 (d) Lao PDR is a member of ISO and 
IEC, and Article 7.2 of Standardization 
Law. 
 
Draft Decree on implementing 
Standardization Law. 
(e) the consideration of 
equivalent technical regulations of other 
Members; (e) Article 2.7, 3.1, 7.1 (e) Lao PDR has joined MRA under 
ASEAN for Electrical and Electronic Equipment which recognizes test 
reports and equipment certification 
from ASEAN.  (See also revised TBT Action Plan). 
http://www.aseansec.org/6677.htm 
 
Draft Decree on implementing 
Standardization Law. 
 Draft Regulation on Food Inspection. 
 
Technical assistance to be requested for 
raising awareness and enhancing 
information exchange with WTO Members. 
(f) the acceptance of the 
results of conformity 
assessment procedures conducted by bodies in 
an exporting Member 
country; (f) Article 6, 7.1 (f) Article  9 of Ministerial Regulation 
on Quality Inspection of Goods, 
No. 1226/PMO-NAST, dated 17 July 2009.  
 
Ministry of Science and Technology plans to establish Lao National 
Accreditation Bureau (LNAB), in 
accordance with international standard ISO/IEC 17011, which will be laid out 
in draft implementing Decree of 
Standardization Law and Lao PDR will accept conformity assessment 
procedures of exporting Member 
countries that participate in the MRA of 
International Laboratory Accreditation 
Cooperation (ILAC) and International Accreditation Forum (IAF). 
(g) non-discriminatory and 
cost-based fee structure. (g) Article 5.2, 7.1, 
10.4 (g) Article 14 of Ministerial 
Regulation on Quality Inspection of 
Goods, No. 1226/PMO-NAST, dated 17 July 2009, Article 3 of Decree 
No. 363, and Draft Decree on 
implementing Standardization Law. WT/ACC/LAO/6/Rev.3 
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  Commitments WTO Reference Domestic Provisions 
6. Development and Application 
of Standards and Conformity 
Assessment Procedures:  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 6. Standardization Law 
Standardization No. 13/NA, dated 
26 December 2007 and its Draft Decree. 
(a) non-discrimination with 
respect to the treatment of products; (a) Annex 3(D), 
Article 8.1 (a) Article 6.3 of Standardization 
Law, Draft Decree on implementing Standardization Law, and Article 3 of 
Decree No. 363. 
(b) the prohibition of 
unnecessary obstacles to international trade; (b) Annex 3(E), 
Article 8.1 (b) Article 6.3 of Standardization Law 
and Draft Decree on implementing Standardization Law. 
(c) the consideration of 
appropriate international 
standards, guides and recommendations as a 
basis for standards; (c) Annex 3(F), 
Article 8.1 (c) Article 7.2 of Standardization 
Law.   
Ministry of Science and Technology will adopt WTO/TBT Code of Good 
Practice for the Preparation, Adoption 
and Application of Standards. This will be included in draft Decree to 
implement Standardization Law. 
(d) non-discriminatory and 
cost-based fee structure. (d) Annex 3(M), 
Annex 3(P), 
Articles 8.1, 10.4 (d) Article 6.3 of Standardization Law 
No. 13/NA dated 26 December 2007, 
Article 14 of Ministerial Regulation on 
Quality Inspection of Goods, No. 1226/PMO-NAST, dated 
17 July 2009, Article 3 of Decree 
No. 363 and Draft Decree on implementing Standardization Law.  
 
 
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