RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/10/Rev.1 
10 June 2005 
 (05-2391) 
Working Party on the  
Accession of Cape Verde Original:   English 
 
 
 
ACCESSION OF CAPE VERDE 
 
Action Plan on the Implementation of the Agreement on  
Sanitary and Phytosanitary (SPS) Measures  
 
Revision  
 
 The following submission, dated 1 June 2005, is being circulated at the request of the Delegation of the Republic of Cape Verde. WT/ACC/CPV/10/Rev.1 
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 Action Plan
 
It is the policy of the Government of Cape Verd e to take all necessary and appropriate measures to 
ensure that products of Cape Verde origin which are intended for human cons umption do not harm the 
health or economic well being of  those who consume them.  These measures will as far as possible 
comprise of a system of checks and controls  on the conditions of supply of products. 
Accordingly the SPS Agreement Article 7 and Annex B Members of the WTO shall notify to other  
Members SPS measures which are not substantiall y the same as the content of an international 
standard, guideline and recommendation and if the regulation has a significant impact on trade. 
The major markets mainly EU and US applies di fferent SPS measures related to food safety from 
fishery products. 
By this producers as well government agencies opera te in compliance with Cape Verde measures they 
will at the same time be in compliance al so with the requirements of major markets 
The SPS measures applied in Cape Verde applied in th e fish sector to protection of human health from 
risks arising from additives, contaminants, toxins and disease causing organism in fishery products 
from Cape Verde.  The Cape Verde Government established a general policy on product quality that 
include food safety assurance for products of Cape  Verde origin intended to human consumption. 
By this Cape Verde fishery products shall fu lfil the food safety requirements and give economic 
integrity for all consumers. 
1. SPS measures related to disease causing organi sms in fishery products from Cape Verde. 
 Disease causing organisms defined as bacteria, viruses and parasites are controlled by 
application of HACCP and HACCP related measures. By disease causing organisms are 
understood also such bacteria which during growth may produce substances that may 
compromise human health (e.g. histamine).  HACCP is recognized worl dwide as fundamental 
tool for ensuring the safety of food stuff. 
2. SPS measures related to contaminants in fishery products from Cape Verde. 
 Potential contaminants of risk to human hea lth have been identified as to be heavy metals, 
pesticides, antibiotic residues and toxins from fungi. Appropriate control measures are 
combinations of monitoring, area classification and regulations on use of pesticides and antibiotics and residue monitoring program is in place. 
Existing and ongoing programmes
 
The government has evaluated the constraints and need s in the different sectors: Plant Health, Animal 
Health and Food Safety by a consultant  who evaluated the different sectors. 
By this assessment report the technical assistance in  the form of a strategy development could be 
developed more deta iled and effective. 
The previous checklist has been revised to indicate where Cape Verde is at present. 
The previous Regulation of Decree Law 63/89 of 14 September 1989 has been revised.  This law 
constitutes the base legislation on livestock.  The foll owing articles have been incorporated.  This law 
is in progress of further evaluation and then sent to parliament for approval.  Some technical issues 
can be incorporated with the help of technical assistance  WT/ACC/CPV/10/Rev.1 
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 BASIC JURIDICAL REGIME RELATING TO LIVESTOCKS AND OTHER ANIMALS  
CHAPTER I:   GENERAL PROVISIONS  Article 1 (Purpose) 
 Article 2 Legal Definitions 
   a) Central veterinary authority; 
   b )  A n i m a l ;  
   c) Domestic animal;    d) Reproduction or production animal;    e) Animal for slaughter;    f) Zootechnical disease; 
   g) Zoonosie; 
   h) Contagious disease;    i) Infected anima;    j) Food of animal origin;    k) Product of animal origin; 
   l) Animal feed; 
   m )  B e d ;     n) Means of contention;    o) Entry location;    p) Quarantine;    q) Sanitary certificate; 
   r) Veterinary medicine; 
   s) Veterinary medication; and    t) Prophilaxy action. 
 Article 3 Attributions and competences of the Central Veterinary Authority CHAPTER II:   THE PRODUCTION OF DOMESTIC ANIMALS 
 Article 4 Zoo-technical Stations 
 Article 5 Reproducers, Embryos and Semen  Article 6  Public use of the Zoo-technical Stations  Article 7 Data Relativ e to Animal Reproduction 
CHAPTER III:  THE IMPORTATIONS  Article 8 Prior Authorization 
 Article 9 Entry Locations 
 Article 10 Sanitary Certificate  Article 11 Exclusion  Article 12 Importation Interdiction  Article 13 Limitation of Importation 
CHAPTER IV:  THE EXPORTATIONS 
 Article 14 Prohibition of Exportation 
 Article 15 Conditions for Exportation  Article 16 Exportation Sanitary Certificates  Article 17 Exportation Locations WT/ACC/CPV/10/Rev.1 
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 CHAPTER V: THE FIGHT AGAINST CONTAGIOUS AND ZOOTECHNICAL DISEASES 
 SECTION I: THE SANITARY POLICY MEASURES  Article 18 Sanitary Policy Measures 
 Article 19 Dangerous Diseases  Article 20 Materialization and Execution of the Sanitary Policy Measures 
 Article 21 Collective Prophylactic Action 
 Article 22 Obligation of the Prophylactic Plans  Article 23 Duty to Communicate  Article 24 Prescription of Veterinary Drugs  Article 25 Of the Inventory of Veterinary Drugs 
 SECTION II: THE QUARANTINE 
 Article 26 Of the Quarantine Station 
 Article 27 Form of Treatment  Article 28 Expenses and Charges  Article 29 Exclusive to the State 
 Article 30 Oversight 
 Article 31 (No Title) 
CHAPTER  VI:  THE GUARANTEES AGAINST HIDDEN DEFFECTS  Article 32 Guarantee 
 Article 33 Annulment of the Contract  Article 34 List of Hidden Defects 
CHAPTER VII:  THE SAFEKEEP OF THE ANIMALS 
 Article 35 Right to Pasture 
 Article 36 Duty to Guard  Article 37 (Responsibility of the Animal Owner)  Article 38 Dangerous Animals 
 Article 39 Carnivorous Animals 
 Article 40 Stray Animals 
CHAPTER VIII: THE DESTINATION TO BE GIVEN TO DEAD ANIMALS   Article 41 Absolute Prohibition 
 Article 42 Prohibition of Consumption  Article 43 Consumption of Parts of Dead Animals 
 Article 44 Duty to Communicate 
CHAPTER IX:  THE CIRCULATION OF ANIMAL MEAT  Article 45 Requisites for Circulation 
 Article 46 Use of Dead Animals’ Meat  Article 47 Conditions of Sale 
 Article 48 Exception 
 Article 49 Prohibition of Circulation   WT/ACC/CPV/10/Rev.1 
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 CHAPTER X:  THE TAXES AND CHARGES 
 Article 50 Contents CHAPTER XI:  PENAL INFRACTIONS  Article 51 Lack of Prior Authorization 
 Article 52 Illicit Importation and Exportation 
 Article 53 Aggravation 
 Article 54 Privileging  Article 55 Importation from Certain Countries and Regions 
 Article 56 Exposition or Illicit Supply for Sale  Article 57 Loss to the Sate 
 Article 58 Other Accessory Penalties 
 Article 59 Scaling the Penalty or Fine  Article 60 Repeated Offences 
CHAPTER XII:  CONTRA-ORDINATIONS  Article 61 Omission of the Duty to Denounce 
 Article 62 Lack of Communication 
 Article 63 Omission of the Duty to Safeguard Dangerous Animals 
 Article 64 Circulation of Carnivorous Animals  Article 65 Launching of Animals in the Public Way  Article 66 Slaughtering of Animals Outside the Approved Locations  Article 67 Illicit Sale of Animal Meet 
 Article 68 Accessory Penalties 
 Article 69 Oversight, Processing and Operation  Article 70 Subsidiary Law 
CHAPTER XII:  APPEALS  Article 71 General Provision 
 Article 72 Deadline to File Appeals 
 Article 73 Litigious Appeal  Article 74 Death of the Animal 
CHAPTER XIII: FINAL DISPOSITIONS  Article 75 Regulation 
 Article 76 Doubts and Omitted Cases 
 Article 77 Revocation WT/ACC/CPV/10/Rev.1 
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 Decree No. 63/89, of 14 September and all C ontrary Legislation are hereby revoked. 
The following Decree Laws will be evaluated by a team of experts to be nominated by each 
responsible Minister related to this law with d ead line set and technical assistance will be asked in 
evaluating the laws by international experts. 
This must be seen in the outdated laws and inco rporated will be the guidelines for EU Food Law and 
the changes to come to a comprehensive Hygiene Law group as to be implemented in 2006 by the 
EU: 
 - Decree Law No. 9/2002 of 11 March relate d to Hygiene sanitary controls on fish 
products; 
 - Ministerial Decree No. 6/2001 related to hygiene, salubrity and sanitary inspection 
norms for fishery products destined for human consumption; 
 - Decree Law 89/92 general basis for quality  control of national produced, imported or 
exported food products; 
 - Ministerial Decree 55/97 of 9 September related to ports and airport through which 
import and export of vegetables, etc. are introduced; and 
 - Decree Law 26/97 of 20 May related to phytosanitary products. 
In light of these developments it is requested that  the working party grant a transitional period from 
the date of its accession until 2010 for the implem entation of the WTO Agreement on Sanitary and 
Phytosanitary Measure to allow Cape Verde to obtain and utili ze technical assistance to fully 
implement the obligations of the Agreement. 
The Government would ensure that any changes made  in its laws, regulations and practice during the 
transition period would not result in a lesser degr ee of consistency with the provisions of the 
Agreement than existed on the date of accession. 
Technical regulations and other measures adopted  during this period would be developed in 
conformity with the provisions of the Agreement. 
We have clarified in the same assessment project the function of the veterinarian and his function in 
Cape Verde. Together with the veterinary associ ation the government guidelines will set up for the 
curriculum. 
Priority would be given to the establishment of a functioning enquiry point and notification of all of 
Cape Verde measures to the Committee on Sanitary and Phytosanitary Measures. 
The approved status in parliament for the erecti ng a separate Agency which will be the independent 
Agency following the trend in many other countries. 
Technical assistance specifical under Article 9 of SPS Agreement was needed to ensure that its 
capacity to fully implement the SPS Agreement upon expiration of the transition period is assured. 
 (a) Food products testing methods (chemica l and microbiological) especially for residue 
of pesticides, heavy metals, aflatoxin, antibiotics etc. Organizing study tours to 
EU/USA laboratories.  
  Training and coordinating training of ope rative laboratory staff and on job training 
and advice on the organizational aspects involved in the implementation of upgraded capacity e.g. overall managements system s and networking. Details for future 
commitment of trained staff is essential.  WT/ACC/CPV/10/Rev.1 
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   Selection of Candidates will be assesse d for technical knowledge  and the selected 
candidates should be trained to act as professional management capable of 
undertaking the design, implementation and evaluation of any management system 
and the study tours will be specific  and the attendees should be ab le to write all the 
various types of documents relating to  managements systems i.e. manuals, 
procedures, work instructions  specifications and methods; 
 (b) Implementation of quality manageme nt systems as per ISO 17020 and ISO / IEC 
Guide 62/65 for inspection and certifica tion activities with a view to seeking 
accreditation (general criteria for operation of various types of bodies performing inspection.) 
 (c) Procurement of food product testing e quipment after first a proposal (in-depth 
analysis of existing situation) for upgrading the Cape Verde Laboratories 
 (d) Accreditation of inspection bodies.  Analysis and assessment of the present 
accreditations, if any,  system so that a cr edible system of accreditation of inspection 
bodies in Cape Verde based on internationa l standards is established and thus 
acceptable in world market. 
   Experts should provide analysis and techni cal advice in this regard and in addition to 
guarantee sustainability Cape Verde staff w ill be closely involved in this process 
including the necessary steps for interna tional accreditation and the developing of 
training modules for industry. See also point (a). 
  One national accreditation body (nationa l and international recognized) should be 
developed and which can provide accreditati on of private and public laboratories. 
  With this accreditation a key objective of reducing the transaction period for 
inspection, test and analysis as expected  by trading partners in business sector; 
 (e) Systems for control use of antibiotics plus standards devel opment for veterinary 
medicine; 
 (f) Computerization of systems of rules of or igin and issuance of certificates of origin. 
Study tours; 
 (g) Implementation of Food Safety Manage ment, e.g. Hazards Analysis and Critical 
Control points (HACCP), Good Manufacturing Practices (GMP)  and Good Hygiene Practices  (GHP), Good Agriculture Practices (GAP) and management  systems based on international standards like ISO 9000 , ISO 14000 and ISO 18000 in general.  The 
project will develop EU/US accredited training manuals for certification of process 
based control and train Cape Verde trainers to transmit their knowledge to Cape Verde entrepreneurs in the various sectors. 
  Study visits for technical personnel to  learn implementation and assessment and 
consequent training and seminars of industry staff by them with assistance of project 
commitment is secured. 
  This applies from farm to fork approach;  (h) Setting up and accreditation of orga nic food certification systems if any; WT/ACC/CPV/10/Rev.1 
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  (i) Setting up an infrastructure for CE marke ting if any, in order to facilitate the free 
flow perhaps of trade within the European  single market the EC introduced the so 
called New Approach Directives that were  designed to harmonize health, safety and 
environmental requirements for categories of products.  The directives cover a variety of industrial products from gas burning appliances for medical devices and toys and 
they set standards for exporting to EU market.  Proof of compliance may be provided 
either by the manufactures technical documentation through a third party or a combination of both.  The compliance is in the form of what is called the CE Mark. 
Most products covered by the Directives can be self certified by the manufacture 
there are products however which must be s ubjected to an examination by what is 
called a notified body, an independent la boratory or product certification body with 
the necessary qualifications to meet the re quirements set forth in the Directives as 
well as EN 45000 series of standards for ope ration of conformity assessment bodies. 
Cape Verde lacks such an infrastructure however the industry is not well developed 
but awareness could be useful for future; 
 (j) Giving training and organizing study vis its and seminars in the above fields and 
provide relevant subject matters inputs in the areas of Sanitary and Phytosanitary 
measures, Technical Barriers to Trade, relevant EU directives related to fish and fishery products-dairy products-egg products  and honey, relevant US codes, Organic 
certification, CE marking, Codex Alimen tarius Standards, quality Management 
systems, Good Laboratory Practices etc.; 
 (k) Establishing SPS/TBT notification authorit y  and enquiry point.  Study visits and 
training  in WTO matters so that regulator y staff and exporters are familiar with SPS 
and TBT Agreement and implications; 
 (l) In depth assessment on the technical capacities to implement harmonized regulations 
in the field of agriculture and fisheries; 
 (m) Fisheries: training to improve the understanding on internati onal technical, quality 
and conformity practices as well as the pr otection of the geographical indications; 
 (n) In depth assessment on the technical capacity to adopt /implement harmonized 
regulations especially  in drug related areas; 
 (o) updating laws (legislative component) rela ted to food and animal health and plant 
health to international standards and de veloping regulations and standards to be 
implemented; 
 (p) Starting a Food Safety and Quality Strategy with the aim to erect a single Food Safety 
Authority and function (integrated  food cont rol system).  With this overlapping and 
duplication of control responsibilities are eliminated and placing more  emphasis on risk prevention through risk assessment, management and communication along farm 
to fork continuum; 
 (q) WTO capacity building component activities  as selection of group senior officials, 
training group of trainers, developing in formation and communication plan including 
news letter and website; 
  Also information and awareness progr ams aimed at government officials and 
economic operators;  WT/ACC/CPV/10/Rev.1 
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  (r) Organizing twinning programs with EU la boratory counterparts on testing procedures 
and development of mutual agreem ent and bilateral co operation; 
 (s) Strengthening Veterinary Services-lives tock production and trade, improving animal 
health surveillance and control program s and veterinary border inspection, 
development of food safety and thus consumer  protection  and surveillance of food of 
animal origin, drug and residue surveillan ce and control of food imports.  Included 
animal identification program included ca ttle holding house holds and livestock farms 
and awareness programs amongst animal holde rs.  Accreditation of semen import and 
distribution companies and starting with livestock data record; and 
 (t) Training in English language and computer training; 
 (u) Market access development for industry; 
 (v) Further development curriculum Veterinarian and assessment of present structure. Results to be achieved
 
1. The designated testing facilities are upgrade in terms of equipment,  human resources, Quality 
Management  Systems and information systems to testing food products  for their compliance  
with specific international requirements including EU and US; 
2. The capacity of the technical staff of Minist ries and Institutions  to implement  and certify  
Food Safety  Management systems is according to standards of international accreditation   
and campaign to increase awareness about these am ong Cape Verde  entrepreneurs  has been 
carried out; 
3. The scheme for recognition of inspection agen cies is established and running in accordance 
with relevant international standards ISO 17020; 
4. The responsible Ministry is able to create a database of regulatory requirements of EC and 
USA in particular and its other trading part ners in general relating to standards and 
conformity assessments in easy to understa nd form for dissemination among the exporters, 
Ministries and other interested bodies; 
5. The responsible  Ministry is able to se rve as a well functioning designated WTO TBT/SPS 
Enquiry Point  collecting and disseminating  re levant, accurate  and up dated information; 
6. A system of analysis and control to the use of antibiotics and other veterinary medicines; 7. Testing and accreditation infrastructure for CE marketing in place both in terms of human and 
technical resources; and 
8. A system for the computerized issuance of Ce rtificate of Origin is in Place and contacts with 
relevant European and American Authorities are established. 
Time frames
 
1. Establishment and operation of a single Cont act point for information: 1 January 2006; 
2. Active membership in OIE, FAO, WHO c odex activities and dissemination of information 
including website : 1 January 2006; WT/ACC/CPV/10/Rev.1 
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 3. Establishment of Law and Regul ations related to Food Safety, Pl ant Health and Animal health 
and updating existing laws : 1 January 2007; 
4. Acquisition of laboratory equipment and upgradin g of laboratory infrastructure, international 
accreditation of lab with international standards related to the different requirements included 
tenders etc: 1 January 2008 final implementation; and  
5. Upgrading and strengthening of quality co ntrol, quarantine system and proper border 
inspection posts, functional Food Authority rela ted to the three areas including proper staffing 
and training and full compliance and implementa tion of the WTO Agreement on Sanitary and 
Phytosanitary measures: 1 January 2010. 
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