RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CGR/19 
15 February 2007 
 (07-0661) 
Working Party on the 
Accession of Montenegro Original:   English 
 
 
 
ACCESSION OF MONTENEGRO 
 
Check-list of Illustrative Sanitary  and Phytosanitary (SPS) Issues  
 
 
 The following submission, dated 11 February 2007,  is being circulated at the request of the 
Delegation of the Republic of Montenegro.   
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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 the WTO 
accession negotiations. In the process of adoption and application of the Veterinary Law (RM OG No. 11 /2004), 
compliance with the provisions of the SPS Agreement has b een taken into account.   
 In the Law on Plant Protection (Article 5) the commitment of implementation of international 
conventions, contracts and treaties related to plant health care, including commitment of complying 
with the Agreement on Application of Sanitary and Phytosanitary Measur es (SPS Agreement) has 
been undertaken.   
 
In the draft Law on Food Safety
1, the commitment of complying with the rules, measures and 
practices established within  the WTO has been undertaken.   
2.  Establishment and operation of 
a single Contact Point for 
Information ("enquiry point"). 2. Article 7 and Annex B.3 
SPS Agreement. Article 34e, paragraph 1, items 1, 2 and 3 of the Veterinary Law prescribe that Veterinary 
Administration is responsible for provision of information, documentation and notifications arising 
from international agreements, regarding the following:   
- proposed and adopted veterinary-sanitary measures; 
- control, inspection and approval proced ures, production and quarantine treatment; 
- risk assessment procedures and manner of determining appropriate level of animal health 
protection in the Republic; 
- membership and participation in the work of international and regional organizations and 
systems for animal health protection, existence and content of bilateral and multilateral 
agreements and arrangements.  
 
Article 34e, paragraph 2 of the Veterinary Law prescribes that fees information and documents 
provided must be based on the actual costs of services rendered.   
Article 5 of the Law on Plant Protection prescribes that the administrative authority is responsible, 
inter alia , for:  
 
- implementation of international conventions, cont racts and treaties related to plant health care 
and exchange of information with government authorities, organizations, institutions and other persons involved in the plant protection activities; 
- preparation of reports, analyses, information and other material related to the occurrence and 
spread of harmful organisms, in  accordance with the regulation and international contracts and 
                                                      
1 Please note that the draft Food Safety Law has not been finalized  yet in terms of numeration of articles; therefore we are not  able to provide reference to exact article of 
the draft Law since the review of the draf t Law in the Secretariat for Legislation is  ongoing and is possible for some articles  to change their numbers.  However, it is important to 
stress that all provisions from draft Food Safety Law to which we  refer in this document are finalized and their language is no t going to be changed in th e course of the enactment 
procedure.  We will submit the full text of the Law as soon as it is passed by the Parliament.  The deadline for enactment is e nd of March 2007.    
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treaties related to plant health protection. 
 
The draft Law on Food Safety prescribes that co mpetent authority distribu tes information and data 
which derive from international agreements related  to sanitary measures.  
 
At present, there is no single enquiry point responsible for provis ion of answers to questions from 
interested WTO members with respect to the SPS area. 
 
The Republic of Montenegro plans to adopt a regulation that would govern establishment, responsibilities and manner of functioning of a single enquiry point, in compliance with Article 7 and 
Annex B.3 of the SPS Agreement.    
3. Transparency: notification and 
access to documentation: 3. Articles 7 and Annex B, 
also G/SPS/7 SPS Agreement.  
 (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.  
 (b) establish guidance or law 
requiring publication of 
proposed measures at an early stage for comment;  (b) Annex B.5 (a).  
 (c) provision in law or 
administrative procedure 
to provide copies of proposed measures to 
WTO Members; and  (c) Annex B.5.(c). 
 (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). In accordance with Article 34c, paragraph 1, item 2 of  the Veterinary Law, if international standards, 
guidelines or recommendations do not exist, or veterinary-sanitary measure does not comply with 
international standards, guidelines or recommendations, and if the measure may have a significant effect on foreign trade, Veterinary Administratio n notifies interested WTO members, in accordance 
with the rules of international agreements of the pr oducts to be covered by such measure, together 
with a rationale of the proposed measure.  
 
In accordance with Article 34c, paragraph 2 of the Vete rinary Law, notification is required at least 75 
days before the adoption of the proposed veterinary-sanitary measure.  
 
In accordance with Article 34c, paragraph 1, ite m 1 of the Veterinary Law, the Veterinary 
Administration must publish a notice of intention to  introduce a measure at an early stage of its 
development.  
 In accordance with Article 34c, paragraph 1, ite m 3 of the Veterinary Law, the Veterinary 
Administration must provide upon request of competent authorities of other countries, and in 
accordance with rules of international agreements, copies of  a proposed measure, along with 
indication of parts which deviate from international standards, guidelines or recommendations. 
 
In accordance with Article 34c, paragraph 1, ite m 4 of the Veterinary Law, the Veterinary 
Administration determines deadline for providing comments, and conducts consultations upon 
request of interested parties.  
 In addition, Article 34d, paragraph 3 prescribes th at the Veterinary Administration  must notify   
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  interested WTO members of an y measure adopted in urgent circ umstances which does not comply 
with international standards, guidelines or recomme ndations and which may have a significant effect 
on foreign trade; indicating the products covered an d the rationale for the measure and the nature of 
the urgent circumstances, and requesting interested parties to provide comments on the veterinary-
sanitary measure adopted in  urgent circumstances.  
 Article 12, paragraph 6, of the Law on Plant Protec tion prescribes that the Ministry of Agriculture, 
Forestry and Water Management specifies manner of preparation, enactme nt and amendment of 
proposed and urgent phytosanitary measures, as well and manner of their notification in accordance with obligations arising from appropriate international agreements.  
 
The draft Law on Food Safety prescribes that all proposals for adoption, modification or amendment  
of sanitary measures which do not conform to international standards or for which no international 
standards exist and if they are expected to signi ficantly affect the exporting opportunities of other 
countries, are notified and published in accordanc e with provisions of relevant international 
agreements.  
 
At present, there is no single central government authority designated for co nducting notifications to 
the WTO with respect to the SPS measures applied in the Republic of Montenegro.  
 
The Republic of Montenegro plans to adopt a regulation that would govern establishment, 
responsibilities and manner of functioning of a single notification authority, in compliance with 
Annex B, paragraphs 5 and 10 of the SPS Agreement.    
4. Necessity:  measures are 
applied only to the extent 
necessary to protect human, 
animal or plant health. 4. Article 2.2. SPS 
Agreement. In Article 2, item 51f of the Veterinary Law, the appropriate level of protection is defined to mean 
the level of protection deemed  appropriate to protect huma n and animal life or health. 
 
Article 34a, paragraph 1, item 1 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade are applied only to the extent  necessary to protect life and health of humans and 
animals. 
 Article 10, paragraph 2 of the Law on Plant Protec tion prescribes that phytosanitary measures are 
implemented in such scope as neces sary to protect the health status  of plants and ensure normal 
continuation of trade.   
The draft Law on Food Safety prescribes that provisions of this Law must be implemented in 
accordance with the principl es of free trade, ensuring a high level of protection for human life and 
health, and without unreasonable barriers to trade. 
 
Also, the draft Law of Food Safety prescribes that all sanitary measures are applied only to the extent  
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necessary to protect human health and life and without unjustified discrimination between food 
locally produced or imported or between different suppliers of imported food. 
The same Article prescribes that sanitary measures  are not more trade-restrictive than necessary to 
achieve the appropriate level of protection of human life and health taking into account technical and 
economic feasibility. 
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. 
SPS Agreement. Article 34a, paragraph 1, item 1 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade must be based on scientific  principles and availabl e scientific evidence.  
 
Article 34b, paragraph 4 of the Veterinary Law pres cribes that veterinary-sanitary measures that 
result in a higher level of protection of life and health of animals and humans than the level achieved by measures based on international standards, guidelines and recommendations may be applied only 
if i scientifically justified, or if such level of protection is deemed appropri ate (in accordance with the 
risk assessment analysis).  
In addition, according to Article 34b, paragr aph 5 of the Veterinary Law, the Veterinary 
Administration must review veterinary-sanitar y measures and temporary veterinary-sanitary 
measures, including measures adopted in urgent ci rcumstances, whenever new scientific evidence is 
available.   
 
Also, according to Article 34b, paragraph 1, item 1 of the Veterinary Law, available scientific 
evidence will be taken into account in the assessment of risks to health and life of animals and humans, for the purpose of determining veterinary-sanitary measures in international trade. 
 
Article 10, paragraph 3 of the Law on Plant Protection prescribes that phytosanitary measures must be prepared, enacted and amended in accordance with international standards, guidelines and 
recommendations, scientific principles and facts related to plant health protection and economic 
justification.   
In case that there are no international phytosanita ry guidelines, recommendations and standards, or 
they cannot reach needed level of plant health protection, phytosanitary measures shall be scientifically justified and based on the principl es of the risk assessment and risk management. 
 
The same Article of the Law, in paragraph 4 prescr ibes that in the risk assessment procedure, the 
following shall be taken into account: 
 
-  available scientific data; -  production processes and methods; 
-  inspection supervision, sample taking and testing methods; 
-  population of specific harmful organisms;  
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-  existence of a zone without harmful organisms; 
-  environment conditions; and  
-  quarantine or other procedure.  
The draft Law on Food Safety prescribes that sa nitary measures are prepared, adopted, applied, 
amended and modified according to the scientific principles and available scientific evidence. 
 
The same Article prescribes that in case if inte rnational sanitary standards, recommendations or 
guidelines do not exist or are insufficient to fulfil the required level of health protection, sanitary 
measures are prepared based on a risk assessment, taking into account the risk assessment techniques 
developed by relevant international organizations.  When scientific evidence needed for risk 
assessment is insufficient, or in urgent circumstan ces that may cause or th reaten to cause health 
problems, sanitary measures are prepared based on available relevant information including that from 
international organizations or from countries that are signatories to international agreements 
governing the preparation, application and adoption of sanitary measures. 
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. 
SPS Agreement. Article 34a, paragraph 1, item 1 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade must be based on international standards, guidelines and recommendations.  
 
Article 34b, paragraph 4 of the Veterinary Law pres cribes that veterinary-sanitary measures that 
result in a higher level of protection of life and health of animals and humans than the level achieved 
by measures based on international standards, guidelines and recommendations may be applied only, if it is scientifically justified, or  if such level of protection is d eemed appropriate (in accordance with 
the risk assessment analysis).  
 Article 6, paragraph 2 of the Veterinary Law makes it the responsibility of the Veterinary 
Administration to participate in the work of and to cooperate with international organizations.  
 In Article 1, item 51n of the Veterinary Law, international organizations are defined to encompass: 
Office International des Epizooties (OIE); Food an d Agriculture Organization of the United Nations 
(FAO), World Health Organization (WHO), World Trade Organization (WTO) and other international organizations in the animal and human health protection area of which the Republic of 
Montenegro is a member. 
 Also, according to Article 34b, paragraph 2 of the Ve terinary Law, in cases where relevant scientific 
evidence is insufficient for objectiv e assessment of risk, or in urge nt circumstances, the Veterinary 
Administration may provisionally adopt veterinary-sanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as 
information on veterinary-sanitary measures applied by other countries.   
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  Article 10, paragraph 3 of the Law on Plant Health  Protection prescribes that phytosanitary measures 
must be prepared, enacted and amended in accordance with international standards, guidelines and 
recommendations, scientific principles and facts related to plant health protection and economic justification. 
 
In case that there are no international phytosanita ry guidelines, recommendations and standards, or 
they cannot reach needed level of plant health protection, phytosanitary measures shall be 
scientifically justified and based on the princi ples of the risk assessment and management. 
 The draft Law on Food Safety prescribes that one of  the goals of the Law is to promote and facilitate 
unimpaired trade in safe food an d feed, in accordance with ratifie d international agreements and 
rules, measures, and practices established within the European Union and Wo rld Trade Organization.  
 
The draft Law on Food Safety prescr ibes that if international sanitary standards, recommendations or 
guidelines exist, they must be used as the basis fo r the preparation of sanitary measures unless such 
standards, recommendations or guidelines are insuff icient to fulfil the required level of health 
protection. 
7. Equivalence: members shall 
recognize different measures 
that achieve the same level of 
protection. 7. Article 4. SPS Agreement. Article 34f, paragraph 1 of the Veterinary Law prescribes that veterinary-sanitary measures of oth er 
countries must be accepted as equivalent to meas ures applied in the Republic if such measures 
achieve the level of animal health protection required in the Republic.  
 In accordance with paragraph 2 of the same Article , any regulation on recognition of equivalence of 
foreign veterinary-sanitary measures must be publis hed in the Official Gazette of the Republic of 
Montenegro.   
Article 10, paragraph 6 of the Law on Plant Health Protection prescribes that phytosanitary measures 
in other country will  be considered as equivalent to the measures of the Republic of Montenegro if 
such other country demonstrates in an objective manner that it achieves the same or higher level of 
the plant health protection, compared with the level required in Montenegro. 
 The draft Law on Food Safety prescribes that san itary measures in another country are considered 
equivalent and are consequently accepted, if the ot her country shows in an objective manner that its 
measures achieve the required level of health protection.  
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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. 
SPS Agreement. In Article 2, items 51b, 51c, 51d, 51e and 51f of the Veterinary Law,  risk, risk analysis, assessment 
of risk, risk management, and appropriate level of protection are defined as follows:  
 - Risk means the likelihood of the occurrence of th e infectious disease or presence of the harmful 
substances, which, directly or indirectly to a cer tain extent may impair animal or human health 
or life; 
- Risk analysis means a process that encompasses scientific risk  assessment, risk management 
and risk communication, which is implemented to  ensure the appropriate level of animal and 
human health protection; 
- Risk assessment means the evaluation of the likelihood of introduction, establishment or spread 
of an infectious disease within the Republic, and the evaluation of the potential for adverse 
effects on human or animal health arising from  the presence of disease-causing organisms or 
harmful substances in products, food and raw material of animal origin or in animal feed; 
- Risk management means the process of identifying and implementing measures with the 
purpose of reducing the level of risk; 
- Appropriate level of protection means the level of protection deemed appropriate to protect 
human and animal life or health. 
 Article 34a, paragraph 1, item 3 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade are based on the assessment of the risks to human or animal life or health, 
taking into account risk assessment techniques developed by international organizations.  
 
Also, according to Article 34b, paragraph 1 of the Veterinary Law, in the assessment of risks to 
health and life of animals and humans, for the purpose of determining veterinary-sanitary measures 
in international trade the following will be taken into account in particular:  
 - the scientific evidence; relevant processes and production methods; relevant inspection, 
sampling and testing methods; prevalence of specific diseases; existence of disease free areas or 
areas of low disease prevalence; relevant ec ological conditions; and quarantine or other 
treatment; 
- the economic factors encompassing the potential damage in terms of loss of production or sales 
in the event of the establishmen t or spread of a disease;  
- the costs of control or eradication of disease; and  
- the cost-effectiveness of alternative approaches to limiting risks.  
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  Article 34b, paragraph 4 of the Veterinary Law pr escribes that veterinary-sanitary measures that 
result in a higher level of protection of life and health of animals and humans than the level achieved 
by measures based on international standards, guidelines and recommendations may be applied only if scientifically justified, or if  such level of protection is deemed  appropriate (in accordance with the 
risk assessment analysis).  
 Also, according to Article 34b, paragraph 2 of the Ve terinary Law, in cases where relevant scientific 
evidence is insufficient for objectiv e assessment of risk, or in urge nt circumstances, the Veterinary 
Administration may provisionally undertake veterinary-sanitary measures on the basis of available pertinent information, including that from the relevant international organizations, as well as 
information on veterinary-sanitary measures applied by other countries.  
 In addition, according to Article 34b, paragr aph 5 of the Veterinary Law, the Veterinary 
Administration must review veterinary-sanitar y measures and temporary veterinary-sanitary 
measures, including measures adopted in urgent ci rcumstances, whenever new scientific evidence is 
available.   
 
Article 10 of the Law on Plant Health Protection pr escribes  that in case th ere are no international 
phytosanitary guidelines, recommendations and standards,  or they cannot reach needed level of plant 
health protection, phytosanitary measures shall be sc ientifically justified and based on the principles 
of risk assessment and management. 
 
The same Article, paragraph 4 of the Law prescribes  that in a risk assessment the following will be 
taken into account: 
 
-  available scientific data; -  production processes and methods; 
-  inspection supervision, sample taking and testing methods; 
-  population of specific harmful organisms; -  existence of a zone without harmful organisms; 
-  environment conditions; and  
-  quarantine or other procedure.  
The draft Law on Food Safety prescr ibes that if international sanitary standards, recommendations or 
guidelines do not exist or are insufficient to fulfil the required level of health protection, sanitary 
measures must be prepared based on a risk as sessment, taking into account risk assessment 
techniques developed by the relevant international organizations.  
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  When scientific evidence needed for risk assessmen t is insufficient, or in urgent circumstances that 
may cause or threaten to cause health problems, sanitary measures may be prepared based on 
available relevant information including that from international organizations or from countries that are signatories to international agreements govern ing the preparation, application and adoption of 
sanitary measures. 
 Risk assessments must be based on available and accessible scientific evidence and insights and must 
be carried out in an independent, objective and tr ansparent manner.  Risk assessments are carried out 
by the competent authority for food safety.  
Risk management ensures that the preventive and cont rol measures undertaken to prevent, reduce, or 
eliminate the risk for human health in consumption of food are underpinned by the results of risk assessment and are efficacious, impartial and appropriate. 
 
Risk management is carried out by competent authorities.  
Risk communication is carried out by the competent authority and its purpose is to provide all 
interested subjects with timely, reliable, objective and understandable information about the food and 
feed related hazards and risks, respectively. 
9. Regional conditions: measures 
take into account the regional characteristics both of the areas 
from which products originate 
and the areas fo r which they 
are destined. 9. Article 6 and Annexes 
A.6 and A.7. SPS Agreement. In Article 2, items 51g and 51h of the Veterinary Law, areas of low disease prevalence and disease 
free areas are defined as follows:    
- An area of low disease prevalence is an area, wh ether all of a country, part of a country, or all 
or parts of several countries, for which low level of presence of specific disease has been determined and which is subject to effective su rveillance, control or eradication measures, in 
accordance with the OIE recommendations;  
- Disease free area is an area, whether all of a countr y, part of a country, or all or parts of several 
countries, for which it has been  confirmed that animal diseas e does not occur, in accordance 
with the OIE recommendations. 
 Article 34b, paragraph 3 of the Veterinary Law pr escribes that veterinary-sanitary measures are 
adapted to the veterinary-sanitary characteristics of  the region from which animals, products, food 
and raw materials of animal orig in originate, and to which they are destined.  In assessing the 
veterinary-sanitary characteristics of a region, th e Veterinary Administration takes into account, 
inter alia , animal health status in the Republic and exporting country, the level of prevalence of 
diseases, the existence of control and eradication programs, identification of disease free areas or 
areas of low disease prevalence, as well as, appropri ate criteria or guidelines of relevant international 
organizations.  
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  The Law on Plant Health Protection prescribes in Article 10, paragraph 4 that in the risk assessment 
one of elements to be taken into account is existence of a zone without harmful organisms. 
 Article 14 of the Law prescribes that specific surv eillance is a procedure of systematic collection and 
keeping of data about the infection with harmful organisms, which includes the inspection 
examinations, monitoring of health status of plan ts and systematic survey in the areas in which 
harmful organisms are present or there is a ri sk of their presence, or are not present. 
 
When a harmful organism is detected, the admini strative authority, namely the competent inspector 
shall ascertain its presence and, in relation to the species of harmful organism, order the suitable 
phytosanitary measures and notify titlehol ders in the place of infection.  
 The implementation of the ordered phytosanitary meas ures shall continue for as long as there is a 
risk of harmful organisms. 
 The boundaries of these areas, m easures for detection, prevention of spread and suppression of 
harmful organisms, conditions for termination of the ordered measures and manner of notifying the 
titleholders of plants are prescribed by the Mini stry of Agriculture, Fore stry and Water Supply. 
 
Article 15 prescribes that a zone in which one or more than one harmful organisms which is 
established in one or more areas of the Republic of Montenegro have never occurred or established 
itself despite the favourable conditions for it to establish itself there, and in which, under the 
favourable conditions, for individual cultures, there is a danger that certain harmful organisms establish themselves despite the fact that such organisms have never occurred or established 
themselves in Montenegro, may be defined as a protected zone.  
 It is considered that a harmful organism is established in a protected zone if it is known to occur 
there and there have been no phytosanitary measures  for its eradication, or if such measures have 
proved ineffective over a period of at least 2 consecutive years.  
 
In a protected zone, the administ rative authority ensures the carryin g out of regular and systematic 
surveys on the presence of organisms in relation to which the protected zone was recognized.  
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  Protected zones, more detailed conditions for carry ing out systematic surveys within the boundaries 
of the protected zone, and lists of protected zones are prescribed by the Ministry of Agriculture, 
Forestry and Water Supply.   
The draft Law on Food Safety prescribes that in implementation of the Law, special attention shall be 
ensured to provide that sanitary measures are adapte d to the sanitary or characteristics of the area - 
whether all of a country, part of a country, or all or parts of several countries from which the food 
product originates and to which the food product is destined.  
 In assessing the sanitary  characteristics of a region , the level of prevalence of specific diseases or 
pests, the existence of eradication or control programmes, and appropriat e criteria or guidelines 
which may be developed by the relevant internatio nal organizations shall be taken into account, 
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). SPS 
Agreement. Article 34a, paragraph 1, item 2 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade are applied so as not to arbitrarily or unjustifiably discriminate between 
countries where identical or similar conditions prevail, including discrimination between the 
domestic territory and other countries.   
Article 34a, paragraph 1, item 4 of the Veterinary Law prescribes that veterinary-sanitary measures 
in international trade will not be applied in a ma nner which would constitute a disguised restriction 
on international trade.  
 Article 34g, paragraph 1, item 1 of the Veterinary La w, prescribes that pro cedure to check fulfilment 
of requirements prescribed in veterinary-sanitary measures are undertaken quickly and without undue 
delay and in no less favourable manner for imported products than for like domestic products.   
The Article 5 of the Law on Plant Health Protec tion prescribes that the administrative authority 
conducts international obligations in accordance with international ag reements, contracts and treaties 
related to plant health care including SPS Ag reement, which prescribes non-discrimination 
obligation between foreign and domestic producers. 
 The Law on Plant Protection does not contain provisions that discriminate between imported and 
domestic products. 
 The draft Law on Food Safety prescribes that all san itary measures must be applied only to the extent 
necessary to protect human health and life and without unjustified discrimination between food 
locally produced or imported or between different suppliers of imported food.  
Sanitary measures may not be more trade-restrictive than necessary to achieve the appropriate level 
of protection of human life and health taking in to account technical and economic feasibility.  
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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. 
SPS Agreement. Article 34g of the Veterinary Law, prescribes that procedures to check the fulfilment of requirements 
prescribed in veterinary-sanitary measures are undertaken:  
 - quickly and without undue delay and in no less favourable manner for imported products than 
for like domestic products; 
- based on facts and information necessary for completion of procedures by authorities; - so that the applicant is informed of the period required for completion of procedure, any 
potential deficiencies in the request, of the stage of the procedure and the result of the 
procedure; 
- in such a manner that protection of confidential information is provided; 
- so that the requirements for quantity of sample s are limited to what is necessary for conducting 
control and approval procedures; 
- so that if specification of a product is change d subsequent to conducted control, the procedure 
for the modified product is lim ited to what is necessary to determine whether the modified 
product still meets the regulations concerned. 
 
Article 60, paragraph 3 of the Veterinary Law prescribes that fees imposed for veterinary-sanitary 
inspection  must not be higher than the actual cost of the relevant procedure, and should not represent indirect protection of domestic products or a taxation of imports or exports.  
 
The Law on Plant Health Protection prescribes in  Article 36, paragraph 4, that phytosanitary 
inspector is obliged to immediately notify the administrative authority of any events of detaining the 
consignment of plants due to incompliance with phytosanitary requirements, indicating the reasons for detention, with the purpose of notifying th e competent authority in  other country.   
 
The Article 55 of the Law on Plant Health Protec tion prescribes that legal and natural persons pay 
the compensation for: 
 
-  phytosanitary inspection of plants, plant products and regulated articles related to the movement 
within the Republic; 
-  phytosanitary inspection of plants, plant products and regulated articles which are being 
imported; and 
-  phytosanitary inspection of plants, plant products and regulated articles which are being 
exported. 
 The Ministry of Agriculture, Forestry and Water Supply determines the level of compensations, 
taking care they do not accede the r eal costs of services rendered.  
 The draft Law on Food Safety prescribes that in spection, testing and control procedures shall be  
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carried out in accordance with international guid elines, and with the requirements of relevant 
international, multilateral and bilateral agreements  in force; such procedures must be executed 
expeditiously and without unjustifiable delay and applied to locally produced and imported food 
without unjustifiable discrimination. 
 
The expected time for completing these procedur es and the stage of the procedures shall be 
communicated to interested parties upon their request. 
 
The results of such procedures shall be communicat ed promptly in a precise and complete manner. 
 
The draft Law also prescribes that  inspection, testing and control procedures shall be limited to what 
is necessary for the fulfilment of the sanitary measures.  
The fees charged in any of inspection, testing and control procedures shall not exceed the actual cost 
of the service rendered. 
 
 
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