WORLD TRADE  
ORGANIZATION  G/SPS/GEN/657 
27 March 2006 
 (06-1378) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
EXPERIENCE WITH THE IMPLEMENTATION OF THE SPS AGREEMENT 
 
Information for the Workshop on 31 March 2006
 
 
Communication from Mauritius  
 
 
 The following communication, received on 24 Marc h 2006, is being circulated at the request 
of Mauritius.  
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I. INTRODUCTION 
1. With the accession of Mauritius to the WTO, Mauritius found itself being party and 
committed to a whole range of agreements, decisions and understandi ngs, including the SPS 
Agreement. Being a net food importer, we are awar e of the fact that SPS measures imposed by our 
trading partners should not represent disguised trad e barriers, should be scientifically based and be 
established on the basis of an appropriate risk a ssessment.  Regarding our exports, we are fully 
cognizant that the most promising option to mainta in and expand our agricultu ral and food exports is 
to become able to respond to th e exigencies which are emerging in our target markets by providing 
high quality and safe products.  Our main concern at this time is how to ensure that consumers in our 
country are being supplied with food that is safe to eat while at the same ti me ensuring that strict 
health and safety regulations are not being used as an excuse for protecting domestic producers.  With 
the globalisation process, trade is expanding and Ma uritius has to address various policy issues such 
as strengthening our national and regional capacity to conduct risk analysis and increasing our 
participation in international sta ndards development. This is more so given that the country will be 
facing a stringent economic environment following the erosion of our trade preferences in the context 
of our sugar protocol with the European Communiti es.  Given this difficult situation, developments 
initiated for compliance with the SPS Agreement will experience considerable impediments in their 
implementation and therefore any technical assistance would be most welcome.  
II. PARTICIPATION IN MEETINGS OF THE SPS COMMITTEE 
2. For the past years, participation in the info rmal and formal meetings of the SPS Committee 
was once or twice yearly.  However due to local economic constraints, Government is currently 
finding itself unable to fund the participation of capital-based experts to the SPS Committee.  
Whenever capital-based experts are unable to pa rticipate, the representative from our Geneva-based 
mission participate.  However given the technica l/scientific nature of discussions of the SPS 
Committee, they find it difficult to contribute to th e Committee effectively and to initiate follow-up 
action. 
 G/SPS/GEN/657 
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  3. Information regarding meetings of the SPS Comm ittee is usually received in the form of the 
airgram through our Mission based in Geneva or  through capital-based experts whenever they 
participate. 
III. FUNCTIONING OF THE NATIONAL SPS COMMITTEE 
4. In respect of the tran sparency provisions of the SPS Ag reement, Mauritius has achieved a 
high level of compliance with its obligations.  Notif ication and enquiry points  are well established and 
functioning effectively.  The SPS Enquiry Point is  located with the Ministry of Agriculture, Food 
Technology and Natural Resources, which is functi oning effectively.  The SPS Enquiry Point notifies 
domestic SPS measures taken to the WTO, through the National Notification Authority of the 
Ministry of Foreign Affairs, Regional Cooperation and International Trade. The SPS Enquiry Point is 
also actively involved in all decision-making processes relating to SPS matters, including emergency 
measures.  The SPS Enquiry Point receives regular requests for information regarding domestic SPS 
measures and provides up-to-date, relevant inform ation on SPS requirements for specific products. 
5. We have also established a local SPS Committee chaired by the National SPS Enquiry Point, 
comprising of representative from the Ministry of Health, Ministry of Commerce, Department of 
Fisheries, Standard Bureau, Veterinary Se rvices, Chamber of Agriculture, Chamber of 
Commerce/industry, Consumer Protection Organisa tion, Association of our horticultural produce 
exporters and our Research and Extension Unit.  Th e committee meets at least three to four times 
yearly and act as a forum for the exchange of in formation among the different members on all aspects 
related to SPS and to discuss matters with poten tial trade impact.  In cases of national emergency or 
SPS issues requiring urgent action, an urgent meeting of the national SPS Committee is called. 
6. The committee also serve as a forum for de-bri efing the members of the committee of works 
going on at the level of the SPS Committee in Geneva and to circulate information received during the 
meeting and to brief our local stakeholders on new SPS issues raised during the meeting so that 
necessary precautions and actions are initiated at their level to counteract any possible effect on trade. 
7. This is also a forum whereby our local stak eholders, through their representative in the 
committee can express their concern on SPS matters th at need to be address either locally or 
internationally in order to facilitate trade of agricultural commodities and identify their technical 
assistance requirements in order for them to be compliant with the SPS requirements of the WTO.  
IV. NEW SPS REQUIREMENTS FOR OUR EXPORTERS 
8. At the level of the SPS Enquiry Point, all notifications of WTO Members that are circulated 
by the SPS Secretariat, and that are regularly recei ved both electronically and through hard copies, are 
screened.  Notifications of relevance to Mauritiu s that might have possible impact on trade are 
circulated to our local stakeholders for their comme nts and any other actions they deem necessary to 
address the impact.  Comments received by our local stakeholders are then forwarded to the notifying 
Member for consideration. We also act as a facilita tor by providing up-to-date, relevant information 
on SPS requirements for specific products.  In cases where our local stakeholders are facing problems 
as a result of SPS problems in their export mark et, the SPS Enquiry Point intervenes by, either: 
(a) Seeking, through the cooperation of our local stakeholder, to determine how the 
matter can be solved on a bilateral or regi onal basis through our Ministry of Foreign 
Affairs, OR   G/SPS/GEN/657 
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  (b) Taking SPS issues raised by our local stakeholders, after discussion in our local SPS 
Committee, chaired by the SPS Enquiry Point, to the SPS Committee meetings in Geneva.  Fortunately, we have never reached this stage, as we have always been able 
to resolve the matter either bilaterally or  at the regional level e.g., Indian Ocean 
Commission (IOC), SADC or COMESA. 
V. NATIONAL MECHANISM IN PLACE 
9. The exigencies of applying the various SPS measures cannot be underestimated, though 
efforts are being made done locally to meet our inte rnational commitment.  It is not an easy task for 
our economy to take the load of extra expenditures for the upgrading of our services.  
10. At the level of the SPS Enquiry Point, and that  despite the various constraints being faced 
locally in term of resources available like trained human resource and logistic arrangements, we are 
making every effort to ensure that local stakehol ders are informed in a timely manner of new SPS 
requirements and that their views are taken into account when responding to SPS notifications. There is still scope for upgrading the existing mechanis m by creating a local SPS website as well as a local 
SPS network including a rapid alert system, linking th e different local stakeholders like the private 
sector, the consumer protection unit, association of exporters, with the different authorities involved 
in the SPS sector like the Ministry of Agro Industry, Ministry of Health and the other various departments.  As locally we are already having a Government Online Service, the possibility of 
having a website dedicated to SPS issues is being envisaged.  The website would help:  To provide 
answers to all reasonable questions from interest ed Members of the WTO as well as any relevant 
document regarding: 
• Any sanitary or phytosanitary regulations adopted locally; 
• Control and inspection procedures, production a nd quarantine treatment, pesticide tolerance 
and food additive approval procedures in force locally; 
• Risk assessment procedures, the factors taken into consideration as well as determination of 
the appropriate level of sanitary or phytosanitary protection; 
• Bilateral or multilateral agreements and arra ngements falling within the scope of the SPS 
Agreement. 
 
In this context, technical assistance from any Members would be most welcome.  
 
VI. NATIONAL PLANNING 
Measures initiated by the Government  
 
11. Previously, priority was given to trade over f ood safety, animal and plant health.  However, 
with the SPS Agreement we found ourselves in a situa tion whereby priority has to be given to food 
safety, animal health and plant health over trade, provided there is a demonstrable scientific basis.  
Initially, abiding to our obligations under the SPS Agreement seemed very complicated but as we 
became familiar by attending workshops, seminars  and the SPS Committee in Geneva, we found it to 
be more in the interest of our consumers, importers a nd exporters. In order to meet the challenges 
under the SPS Agreement, a number of  alterations are being carried out by our services while others 
are being awaited.  Like other countries, Mauritiu s is having to make choices about how best to 
allocate limited resources to the many potential uses in the broad field of sanitary and phytosanitary 
control.  It is apparent that much more coul d usefully be done, given additional resources and 
provided that care is taken to achieve the best po ssible internal co-ordination of SPS matters.   G/SPS/GEN/657 
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  12. A number of initiatives are currently being implemented locally with respect to the 
implementation of the SPS Agreement: 
 
(a) The administrative and legal framework has been consolidated in the enactment of 
new laws namely the Genetically Modifi ed Organism Act (GMO), the Dangerous 
Chemical Control Act and the Food Act.   At regional level, laws are being 
harmonized and made compatible with SPS Agreement.  We are proposing necessary 
amendments in our new Plant Protection Bill to cater for development of quality standards of Pest Free areas, Pest Risk analysis.  More powers are being given to officers performing quarantine duties, amongst others.   
(b) We are convinced that for a small country  like Mauritius, equivalence should be 
based on bilateral agreements with a special c onsideration to historical trade, and full 
technical cooperation of the importing country so that we can demonstrate the equivalence of our treatments.  In this  context bilateral agreements are being 
developed with a number of countries lik e India, Pakistan, Madagascar, etc.  
(c) Strengthening of our institutional and technical capacity 
  Most of the institutional set up, for implementing SPS requirements exists or is in the 
process of being set up by the Government.  Some institutions need to be upgraded in 
order to meet certification, testing, insp ection and standard-setting needs, which are 
very important for demonstration of complia nce. It is generally accepted locally to 
create an umbrella institution, a Certifica tion Body, to consolidate the basis for the 
production sector by setting up local norms, codes of practice for agricultural 
production and also to facilita te the operation of our local stakeholders in a quality 
framework.  Stakeholders are aware that the technical regulations and standards put in place will improve the quality and safety of their produce, thereby helping them to achieve the necessary competitive edge in order to gain market access at both 
regional and international level, including c onsumer satisfaction on the local market.  
Mauritius is on the right path with respect to the infrastructural set up, having set up the national accreditation service, is consid ering the setting up of a certification body, 
as well as the creation of additional infrast ructure like a food technology laboratory, 
etc. Logistic and financial support is bei ng provided to laboratories in Mauritius for 
accreditation so that proper certification procedures are established in conformity to 
international norms. Private institutions ar e also concerned and involved in total 
quality management systems. Although much has to be done in the production sector in relation to testing procedures and traceab ility, some issues rema in to be addressed, 
for example labelling and traceability requirements. 
 
  Mauritius is lagging behind in the implem entation process for standards developed by 
the international standard-setting bodies, e.g., ISPM 15, given our limited infrastructural capability in terms of treatment facilities. 
  Government has to reinforce capacity buildin g, strengthen our local expertise in pest 
risk assessment, facilitate participation in training facilities via workshops and 
seminars, fund participation in standa rd setting bodies and WTO committees. The 
area of pest risk assessment is one wher e Mauritius finds difficulty in following 
international norms.  Participa tion in engaging in an effective and influential way at 
the technical level in standard setting bodies is  also difficult, and is mainly attributed 
to lack of scientific back up, limitation of financial resources and difficulty in 
maintaining continuity of participation.  G/SPS/GEN/657 
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VII. TECHNICAL ASSISTANCE 
13. Mauritius received the visit of two teams of consultants for case studies and stock-taking 
exercises of our SPS framework as well as our technical assistance needs.  They were: 
(a) A Joint Commonwealth Secretariat and Inte rnational Trade Centre Team under the 
sponsorship of UNCTAD, for a case study in areas of technical regulations and 
phytosanitary measures for technical assist ance needs of Mauritius in the area of 
SPS/TBT.   Their reports have been very be neficial to our service in the formulation 
of our technical assistance needs and help  in the formulation of our policy for 
compliance with the provisions and rules of the SPS Agreement. 
(b) The USAID team for a stock taking exercise of our key sanitary, phytosanitary and 
food safety measures, with the ultimate ai m of drafting a SPS annex to the SADC 
Trade Protocol.  The SADC Trade Protocol, whose implementation began on 1
 September 2000, provides the framework for reform measures aimed at liberalizing 
intra-SADC trade.  With globalisation and increased trade volumes, both within 
SADC and with the outside world, issues of SPS and food safety concerns have taken 
on renewed prominence.  In many SADC c ountries, efforts to improve national SPS 
and food safety management systems are being hampered by technological, capacity and institutional constraints.  Their report has also helped us to formulate our SPS 
policy with respect to the SADC and othe r regional blocks like the Indian Ocean 
Commission.
 
(c) A particular concern for the horticultural sector was the potential impact of impeding 
European pesticide regulations whereby im port tolerances for pesticide residues for 
as many as 450 chemical active ingredients was set to zero in July 2003.  Mauritius benefited under the Pesticide Initiative Proj ect of the COLEACP, whose purpose is to 
work for the promotion of ACP horticultural products.  
 
(d) The setting up of a quality system for the horticultural export sector is another 
important initiative.  The project has the overall objective of enhancing competitiveness of the Mauritian horticultural producers/exporters on the world market through increasing the capacity of stak eholders in the horticultural sector in 
order to ensure regular production, supply  and export of higher quality horticultural 
products.  The key activities include implem entation of a Nationa l Code of Practice 
for the industry, capacity building and training, upgrading of skills and know-how in 
the horticultural sector.  This progr amme benefited from EC funding.
 
 
VIII.  MAURITIAN NEEDS FOR FURTHER TECHNICAL ASSISTANCE 
14. Despite the above there is still requirement  of technical assistance in the form of: 
Participation in International Standard setting Process 
 
15. The inability to participate effectively in inte rnational standardization activities poses serious 
actual and potential problems to trade.   Therefore, assistance for improved and effective participation 
in the work of international organizations is very important for the development of technical 
regulations and SPS measures based on internationa l standards.  Having national representatives at 
international meetings make the work of the orga nizations more relevant to the domestic setting and 
draws in stakeholders in the prepara tion of national positions on issues.   G/SPS/GEN/657 
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Capacity Building 
 
16. The exigencies of applying the various SPS measures cannot be underestimated, though 
efforts are being made locally to meet our international commitments.  It is not an easy task for our 
economy to take the load of extra expenditure for the upgrading of our services.  In this context, 
technical assistance from developed countries is bei ng awaited specially for capacity building in terms 
of human resource development and setting up or upgrading of infrastructures. 
(a) Human resource development 
(i) Training of staff in relation to intern ational standards and the SPS Agreement 
e.g. in relation to capacity to carry pest risk assessment and quarantine 
procedures, preparation of a pest list and a disease list, certification and inspection procedures, epidemiological surveillance procedures, testing for 
compliance, etc; 
(ii) Upgrading of human resources in identification and implementation of 
equivalent measures, development of bilateral trade protocols and 
formulating of negotiation positions w ith respect to SPS.  Recognition of 
equivalence is a great tool for achieving greater market access to developed country markets and to facilitate trade among all Members.  The ultimate goals for regional or international ha rmonization can only be achieved when 
the countries involved have implem ented equivalent standards and 
mechanisms to assure that st andards actually will be met. 
(iii) Training of agricultural producers as well as scientists on the broad 
implementation of Good Manufacturing Practice (GMP), HACCP, or similar regulatory programmes as they facilitate trade and contribute to the equivalence and harmonization of SPS/Food Safety System. 
(b) Upgrading/setting up of infrastructure  
(i) Mauritius has fairly adequate existing infrastructure for compliance, however 
with the coming into force of new re quirements, especially those that are 
sometimes higher than international st andards, and having the mandate to 
facilitate trade for our stakeholders, we are finding ourselves in a situation where we need either additional ha rd infrastructure development like 
treatment Plant Facility or the strengthening of national infrastructures in 
order to demonstrate compliance w ith technical regulations and SPS 
measures in export markets, e.g. upgrading of existing laboratories for determination of pesticide residues and acceptable tolerance levels of pests and diseases. 
(ii) Soft infrastructure development is increasingly gaining importance, for 
example the development of a pest list, setting up of an appropriate 
framework for conducting scientific risk  assessment and thereby securing the 
phytosanitary status and devel opment support programme for export 
certification of targeted products. 
(iii) Accreditation of our laboratories, processing plants, slaughter house and 
other supporting infrastructure to intern ational standards, EC norms which 
most of the time are above international standards.  G/SPS/GEN/657 
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  (iv) Creation of the necessary framework for quality assurance and 
certification/indexation of our agricultural produce (HACCP, food safety and hygiene) as well as auditing system for quality control procedures. 
(v) Establishment of regional permanent SPS/  Food Safety Directorate similar to 
the one currently under implementati on in the European Communities, the 
European Food Safety Authority (EFSA). 
17. We think that in order for supply and demand to be more effectively matched, a database of 
technical assistance requirements for each country in or der of priority should be established, similar to 
the one developed by the Standard and Trade Devel opment Facility, but is should be broader so that 
the requirements of the different countries are list ed as well as a list of donor institutions.  Countries 
requiring technical assistance should be encouraged to  enter into Mentor and Twinning arrangements, 
with the international organisations playing the role of coordinator.  In this type of arrangement, a 
country having the technical capacity to provide assistance in particular fields, agrees to provide assistance to those countries which are in need of it.  The international organisations play the role of 
the co-ordinator and catalyst by assisting countries in negotiating such arrangements on a bilateral or 
plurilateral basis, by bringing together those count ries which can act as "mentors" and “twine” with 
them those countries which need assistance. 
IX. VOTE OF THANKS 
18. We wish to thank the SPS Secretariat of th e WTO in their endeavour to facilitate the 
transmission of notification to all Member and their commitment to assist Members to meet their commitments under the SPS Agreement, despite their limited resources. 
19. We highly appreciate all the seminars organized in Africa in order to familiarize the 
developing countries of the continent with the bene fits of the SPS Agreement and how to meet the 
obligations under this Agreement.   
20. Our thank go also to our Mauritius Mission in Ge neva, who is coordinati ng all matters related 
to SPS with the WTO. 
 
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