RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/LAO/6/Rev.1 
26 May 2010 
 (10-2916) 
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 17 May 2010, is  being circulated at the request of the 
Delegation of the Lao People's Democratic Republic (Lao PDR). 
 
_______________ WT/ACC/LAO/6/Rev.1 
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  Checklist of Illustrative SPS Issues for Consideration in Accessions
 
 
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. Articles 7 and 8 of the draft 
Decree on the SPS and TBT 
Notification Centre and Enquiry Points which is 
expected to be adopted by the 
end of 2010.  The SPS Enquiry Point will be 
established and operational at 
the Ministry of Agriculture and Forestry upon accession 
to the WTO. 
3. Transparency:  notification 
and access to documentation: 3. Article 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) Articles 5 and 6 of the 
draft Decree on the SPS and TBT Notification 
Centre and Enquiry 
Points mandates the Ministry of Industry and 
Commerce to be 
responsible for making 
notifications to the WTO 
and ensuring transparency obligations 
are met on an ongoing 
basis. 
 (b) establish guidance or 
law requiring publication of proposed 
measures at an early 
stage for comment;  (b) Annex B.5(a).  (b) Article 10 of the draft 
Decree on the SPS and TBT Notification Centre 
and Enquiry Points and 
Article 7 of the 
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. 
 (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.  WT/ACC/LAO/6/Rev.1 
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  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) above. 
4. Necessity:  measures are 
applied only to the extent necessary to protect human, 
animal or plant health. 4. Article 2.2. 4. Artic le 5 of the 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.  For 
animal and plant health, this requirement will be 
incorporated into the decrees 
and regulations implementing the laws related to animal and 
plant health as indicated in the 
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.  Part I(1) of the National Food 
Safety Policy of Lao PDR 
No. 028/PM, dated 
3 February 2009 and Article 5 of the 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.  For animal 
and plant health, this 
requirement will be 
incorporated into the decrees 
and regulations implementing the laws related to animal and 
plant health as indicated in the 
SPS Action Plan. WT/ACC/LAO/6/Rev.1 
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  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.  Article 13 of the Food Law 
No. 04/NA, dated 15 May 2004, and Article 6 of 
the 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.  For animal 
and plant health, this requirement will be 
incorporated into the decrees 
and regulations implementing the laws related to animal and 
plant health as indicated in the 
SPS Action Plan. 
7. Equivalence:  Members shall 
recognize different measures 
that achieve the same level of 
protection. 7. Article 4. 7. This measure has not yet been 
incorporated into domestic 
regulation.  Lao PDR does not 
have the capacity to assess for equivalence of SPS measures 
and is looking for TA from 
development partners. 
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. Articles 5.1, 5.2 and 5.3. 8.  Chapter III(3) of the National 
Food Safety Policy of Lao 
PDR No. 028/PM, dated 
3 February 2009 and Article 11 of the 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.  For 
animal and plant health, this 
requirement will be 
incorporated into the decrees 
and regulations implementing the laws related to animal and 
plant health as indicated in the 
SPS Action Plan.  Lao PDR does not have the capacity to 
conduct risk assessment and 
is looking for TA from development partners. 
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. Lao PDR takes into account 
the regional characteristics 
both of the areas from which products originate and the 
areas to which products are 
destined.  Appropriate law and regulation, however, 
needs to be developed.  WT/ACC/LAO/6/Rev.1 
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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. Article 8 of the 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.  For 
animal and plant health, this requirement will be 
incorporated into the decrees 
and regulations implementing the laws related to animal and 
plant health as indicated in the 
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. Food Law No. 04/NA, dated 
15 May 2004, Livestock 
Production and Veterinary 
Law No. 03/NA, dated 25 July 2008, and the 
Presidential Decree on Fees 
and Service Charges No. 03/PO dated 
19 November 2008. 
 
 WT/ACC/LAO/6/Rev.1 
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  Checklist of Illustrative TBT Issues for Consideration in Accessions
 
 
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. All related regulations will be 
in accordance with TBT 
Agreement. 
2. Submission of Statement on 
Implementation. 2. Article 15.2 and TBT 
Committee Decision (G/TBT/1). 2. Notification procedures of 
TBT Agreement will be implemented after Lao PDR's 
WTO accession. 
3. Establishment and operation 
of a single Contact Point for 
Information ("enquiry point"). 3. Article 10. 3. Articles 11 and 12 of the draft 
Decree on the SPS and TBT 
Notification Centre and 
Enquiry Points which is 
expected to be adopted by the end of 2010.  The TBT 
Enquiry Point will be 
established and operational at the National Authority for 
Science and Technology 
(NAST) of the Prime Minister's Office. 
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. Articles 5 and 6 of the draft 
Decree on the SPS and TBT 
Notification Centre and 
Enquiry Points mandates the 
Ministry of Industry and 
Commerce to be responsible for making notifications to the 
WTO and the Decree requires 
all relevant ministries to publish their TBT related 
regulations, to ensure 
transparency ob ligations are 
met on an ongoing basis. 
 (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) The notices of proposed 
technical regulations and 
conformity assessment procedures will be 
published in the 
Government Journal, with respect to standards 
as covered under 
Article 22 of the Law on Standardization 
No. 13/NA dated 
26 December 2007.  For technical regulations and 
conformity assessment, 
this requirement needs reflected in the 
respective legislation.  WT/ACC/LAO/6/Rev.1 
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  Commitments WTO Reference Domestic Provisions 
 (b) identification of 
authority responsible for making notifications to 
the WTO;  (b) Articles 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) Articles 5 and 6 of the 
draft Decree on the SPS and TBT Notification 
Centre and Enquiry 
Points mandates the Ministry of Industry and 
Commerce to be 
responsible for making notifications to the 
WTO. 
 (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 
the Law on Standardization 
No. 13/NA dated 
26 December 2007; and Articles 3 and 14 of the 
draft Decree on the SPS 
and TBT Notification Centre and Enquiry 
Points. 
 (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 30 of the Law on 
Standardization No. 13/NA dated 
26 December 2007 and 
Article 14 of the draft Decree on the SPS and 
TBT Notification Centre 
and Enquiry Points. 
 (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); and Article 8.1.  (e) Articles 21, 22 and 47 of 
the Law on Standardization 
No. 13/NA dated 
26 December 2007; and Article 14 of the draft 
Decree on the SPS and 
TBT Notification Centre and Enquiry Points. 
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. The Law on Standardization 
No. 13/NA, dated 26 December 2007 which was 
upgraded from the Decree of 
the Prime Minister on Management of Standards and 
Quality of Products and 
Goods No. 85/PM dated 2 November 1995. WT/ACC/LAO/6/Rev.1 
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  Commitments WTO Reference Domestic Provisions 
 (a) non-discrimination with 
respect to the treatment of products;  (a) Articles 2.1, 3.1, 5.1, 
5.2, 7.1.  (a) Articles 6 and 44 of the 
Law on Standardization No. 13/NA dated 
26 December 2007 and 
Articles 4 and 8 of the 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. 
 (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 of the Law on 
Standardization No. 13/NA dated 
26 December 2007 and 
Articles 4 and 5 of the 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. 
 (c) the ongoing review of 
technical regulations to ensure they are 
appropriate to achieve 
the desired legitimate objective;  (c) Articles 2.3, 3.1, 7.1.  (c) Technical regulations 
are already subject to regular review. 
 (d) the consideration of 
appropriate international 
standards, guides and recommendations as a 
basis for technical 
regulations and conformity assessment 
procedures;  (d) Articles 2.4, 3.1, 5.4, 
7.1.  (d) Articles 7, 19 and 44 of 
the Law on 
Standardization No. 13/NA dated 
26 December 2007; and 
Article 11 of the Ministerial Regulation 
on the Basic Principles 
in the Application of Sanitary and Technical 
Measures for Food 
Safety Management. 
 (e) the consideration of 
equivalent technical 
regulations of other 
Members;  (e) Articles 2.7, 3.1, 7.1.  (e) This measure has not yet 
been incorporated into 
domestic regulation.  
Lao PDR does not have the capacity to assess for 
equivalence of TBT 
measures and is looking for TA from 
development partners.  WT/ACC/LAO/6/Rev.1 
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  Commitments WTO Reference Domestic Provisions 
 (f) the acceptance of the 
results of conformity assessment procedures 
conducted by bodies in 
an exporting Member country;  (f) Articles 6, 7.1.  (f) Article 9 of the 
Ministerial Regulation on Quality Inspection of 
Goods, No. 1226/PMO-
NAST, dated 17 July 2009.  
 (g) non-discriminatory and 
cost-based fee structure.  (g) Articles 5.2, 7.1, 10.4.  (g) Article 6 of the Law on 
Standardization 
No. 13/NA dated 26 December 2007 and 
Articles 4 and 8 of the 
Ministerial Regulation on the Basic Principles 
in the Application of 
Sanitary and Technical Measures for Food 
Safety Management, 
Article 14 of the Ministerial Regulation 
on Quality Inspection of 
Goods, No. 1226/PMO-NAST, dated 
17 July 2009. 
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. The Law on Standardization 
No. 13/NA, dated 26 December 2007 which was 
upgraded from the Decree of 
the Prime Minister on Management of Standards and 
Quality of Products and 
Goods No. 85/PM dated 2 November 1995. 
 (a) non-discrimination with 
respect to the treatment of products;  (a) Annex 3(D), Article 8.1.  (a) Articles 6 and 44 of the 
Law on Standardization No. 13/NA dated 
26 December 2007. 
 (b) the prohibition of 
unnecessary obstacles to international trade;  (b) Annex 3(E), Article 8.1.  (b) Article 6 of the Law on 
Standardization No. 13/NA dated 
26 December 2007. 
 (c) the consideration of 
appropriate international 
standards, guides and recommendations as a 
basis for standards;  (c) Annex 3(F), Article 8.1.  (c) Articles 7 and 19 of the 
Law on Standardization 
No. 13/NA dated 26 December 2007, and 
Article 13 of the Food 
Law No. 04/NA, dated 
15 May 2004. WT/ACC/LAO/6/Rev.1 
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  Commitments WTO Reference Domestic Provisions 
 (d) non-discriminatory and 
cost-based fee structure.  (d) Annex 3(M), 
Annex 3(P), Articles 8.1, 10.4.  (d) Article 6 of the Law on 
Standardization No. 13/NA dated 
26 December 2007 and 
Article 14 of the Ministerial Regulation 
on Quality Inspection of 
Goods, No. 1226/PMO-NAST, dated 
17 July 2009. 
 
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