RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/LAO/6/Rev.2 
31 March 2011 
 (11-1591) 
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 16 March 2011, is  being circulated at the request of the 
Government of the Lao People's Democratic Republic (Lao PDR). 
 
 
_______________ 
 WT/ACC/LAO/6/Rev.2 
Page 2 
 
 
  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 
negotiations in WTO 
accession. 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  
P.O. Box 811  
Vientiane Capital, Lao PDR 
Tel: 85621-415363 
Fax: 85621-412343 
 
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 363").  
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.m-lao.com/ftpd    
(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. 
(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.  
 
Draft Regulation on SPS Enquiry 
Point, under prepar ation by MAF.  
See revised SPS Action Plan. 
(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.   WT/ACC/LAO/6/Rev.2 
 Page 3 
 
 
  Commitments WTO Reference Domestic Provisions 
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 518").  
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration. 
See revised SPS Action Plan.  
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 518. 
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration. 
See 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. WT/ACC/LAO/6/Rev.2 
Page 4 
 
 
  Commitments WTO Reference Domestic Provisions 
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 518.  
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration 
See revised SPS Action Plan. 
 
Technical assistance is required to 
adopt standards, guidance and 
recommendations of international 
organizations. 
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. 
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration 
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.   
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration. 
See revised SPS Action Plan. 
 
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.  
 
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration 
which also requires Lao PDR's 
SPS Measure take into account this 
principle.   
See revised SPS Action Plan   WT/ACC/LAO/6/Rev.2 
 Page 5 
 
 
  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 363, 
Regulation 518, and  
Draft Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration.  
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 518 and Draft 
Instruction on Principles in the 
Application of SPS Measures in 
Plant and Animal Administration 
See revised SPS Action Plan.  
 WT/ACC/LAO/6/Rev.2 
Page 6 
 
 
  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 Intellectual Property 
Standardization and Metrology, 
National Authority for Science and  
Technology (NAST)  
PO Box 2279,  
Vientiane Capital, Lao PDR. 
Tel/Fax: 856 21-243405.  
 
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 363")  
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.m-lao.com/ftpd   
(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) Decree implementing 
Standardization Law and draft 
Regulation on TBT Enquiry Point 
regarding technical regulations and 
conformity assessment procedures.  See 
revised TBT Action Plan.   
(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.m-lao.com/ftpd     WT/ACC/LAO/6/Rev.2 
 Page 7 
 
 
  Commitments WTO Reference Domestic Provisions 
(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 363. 
(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 363. 
(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 
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 363. 
(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 363. 
(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. WT/ACC/LAO/6/Rev.2 
Page 8 
 
 
  Commitments WTO Reference Domestic Provisions 
(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. 
 
 
(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  
 
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.  
 
National Authority for 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.  Lao PDR's  
long-term goal is to participate in MRA 
of International Laboratory 
Accreditation Cooperation (ILAC) and 
International Accreditation Forum 
(IAF), at which time Lao PDR will 
accept conformity assessment 
procedures of exporting Member 
countries that also participate in the 
MRA. 
(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 363. 
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.   
(a) non-discrimination with 
respect to the treatment 
of products; (a) Annex 3 (D), 
Article 8.1. (a) Article 6.3 of Standardization 
Law. 
Article 3 of Decree No. 363.  WT/ACC/LAO/6/Rev.2 
 Page 9 
 
 
  Commitments WTO Reference Domestic Provisions 
(b) the prohibition of 
unnecessary obstacles to 
international trade; (b) Annex 3 (E), 
Article 8.1. (b) Article 6.3 of 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.   
National Authority for 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; 
and Article 14 of Ministerial 
Regulation on Quality Inspection of 
Goods, No. 1226/PMO-NAST, dated 
17 July 2009. 
Article 3 of Decree 363.  
 
 
 
__________