WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/AFG/11/Add.1 
7 June 2012 
 (12-3023) 
Working Party on the Accession of 
the Islamic Republic of Afghanistan Original:   English 
 
 
 
ACCESSION OF AFGHANISTAN 
 
Checklist of Illustrative Sanitary and Phytosanitary (SPS)  
Issues for Consideration in Accessions 
 
Addendum 
  
 The following submission, dated 6 June 2012, is being circulated at the request of the 
Delegation of the Islamic Republic of Afghanistan. 
 
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 WT/ACC/AFG/11/Add.1 
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  Checklist of Illustrative SPS Issues for Consideration in Accessions 
Based on Draft Animal Health and Veterinary Public Health Act 
 
Commitments 
(by the time of accession)  WTO Reference   Draft Act  
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.
2. Establishment and operation of 
a single Contact Point for 
Information ("enquiry point").  2. Article 7 and 
Annex B.3.  The National SPS Enquiry and Notification Point 
is established in other legislation. (see Draft Law 
on Plant Protection and Quarantine)  
3. Transparency:  notification and 
access to documentation:  3. Articles 7 and 
Annex B, Also 
G/SPS/7.
 (a) identification of authority 
responsible for making 
notifications to the WTO 
and ensuring transparency 
obligations are met on an 
ongoing basis;   (a) Annex 
B.5.(b) and 
Annex B.10.  Article 12  Notification and Publication of Sanitary 
Measures 
- The Minister shall appoi nt an officer of the 
Veterinary Authority to act as a representative 
to the National Sanitary and Phytosanitary 
Enquiry and Notification Point SPS ENP 
(established under other legislation of 
Afghanistan), to make timely notifications of 
proposed changes in animal health laws, 
Regulations and procedures and animal 
disease outbreaks and related documentation 
to all relevant countries and international 
organizations, receive su ch information from 
all relevant countries and international 
organizations, and respond to all enquiries 
from persons, relevant international 
organizations and trading partners concerning 
Afghanistan's sanitary measures.  
 (b) establish guidance or law 
requiring publication of 
proposed measures at an 
early stage for comment;   (b) Annex 
B.5(a). Article 12  Notification and Publication of Sanitary 
Measures 
(2) A notice of the availability of drafts of 
proposed sanitary measures shall be made in 
mass media which shall include information 
on the manner of obtaining copies of the 
proposed sanitary measures.  
 (c) provision in law or 
administrative procedure to 
provide copies of proposed 
measures to WTO 
Members; and  (c) Annex 
B.5.(c). Article 12  Notification and Publication of Sanitary 
Measures 
(4) The appointed officer of the Veterinary 
Authority within the SPS ENP shall, 
immediately following their receipt, provide 
copies of any such proposed changes in 
animal health or welfare laws, Regulations, 
procedures and notifications of animal disease 
outbreaks and related documentation to 
WTO Members. WT/ACC/AFG/11/Add.1 
 Page 3 
 
 
  Commitments 
(by the time of accession)  WTO Reference   Draft Act  
 (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). Article 12  Notification and Publication of Sanitary 
Measures 
(3) All proposed sanitary measures that do not 
conform to international standards or for 
which no international standards exist, which 
may have a significant effect on export 
opportunities of interested trading partners, 
shall be notified through the SPS ENP no less 
than 60 days before preparing a final draft 
sanitary measure in accordance with the 
provisions of relevant international 
agreements. 
4. Necessity:  measures are 
applied only to the extent 
necessary to protect human, 
animal or plant health.  4. Article 2.2. Article 13  Necessity of Sanitary Measures 
- The Chief Veterinary Officer shall apply 
sanitary measures only to the extent necessary 
to protect human and animal health and 
animal welfare. 
- Sanitary measures shall not be more trade-
restrictive than required to achieve the 
appropriate level of sanitary protection or 
animal welfare, 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.  Article 14  Scientific Basis of Sanitary Measures 
- The Chief Veterinary Officer shall impose 
sanitary measures based on scientific 
evidence, as confirmed by the standards of 
the OIE. 
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.  Article 11  Compliance with standards and 
guidelines established by international 
organizations mandated by the World Trade 
Organization 
 Any sanitary measures which may be 
declared by the Minister through Procedures 
published by Notice in the Gazette shall be in 
conformity with:  
 - the standards and recommendations of the 
Terrestrial and Aquatic Animal Health 
Codes and the Codex Alimentarius 
standards 
 - scientific justification based on risk 
assessment and other relevant provisions 
of the Agreement on the application of 
Sanitary and Phytosanitary Measures of 
the World Trade Organization.  
7. Equivalence:  members shall 
recognize different measures 
that achieve the same level of 
protection.  7. Article 4. Article 15  Equivalence of Sanitary Measures 
- The Chief Veterinary Officer (or Technical 
Standing Committee) shall recognize 
different sanitary measures from other 
countries that achieve the same level of 
protection as sanitary measures implemented 
under this Act.   WT/ACC/AFG/11/Add.1 
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  Commitments 
(by the time of accession)  WTO Reference   Draft Act  
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.  Article 16  Risk Assessment of Animal and Human 
Health Threats and Animal Welfare 
- The Chief Veterinary Officer (or Technical 
Standing Committee) shall utilize available 
scientific evidence and take into account risk 
assessment techniques developed by relevant 
international organizations when conducting 
risk assessments of animal and human health 
threats and animal welfare considerations. 
The assessments shall ensure that sanitary 
measures are based on science and applied 
only to the extent necessa ry to protect animal 
and human health and animal welfare.  The 
assessments shall take into account: 
 - available scientific evidence; 
 - relevant processes and production 
methods; 
 - relevant inspection, sampling and 
testing methods; 
 - prevalence of specific diseases or 
parasites; 
 - existence of parasite or disease-free 
areas; 
 - relevant ecological and 
environmental conditions; and 
 - handling, transportation facilities, 
quarantine or other treatment. 
- If additional or more stringent requirements 
are established, or if there is no international 
standard, the measures shall be based on 
scientific principles and evidence based on a 
scientific risk assessment.  
- In assessing the risk to animal or human life 
or health or animal welfare and determining 
the sanitary measures to be applied for 
achieving the appropriate level of sanitary 
protection or animal welfare status from such 
risk, the following shall be take into account 
as relevant economic factors:  
 - the potential damage in terms of 
loss of production or sales in the 
event of the entry, establishment or 
spread of a disease;  
 - the costs of control or eradication in 
the territory of Afghanistan; and, 
 - the relative cost-effectiveness of 
alternative approaches to limiting 
risks. 
- When determining the appropriate level of 
sanitary protection or animal welfare status 
through the imposition or the application of 
proposed sanitary measures the Technical 
Standing Committee shall take into account 
the objective of mini mizing negative trade 
effects taking into account technical and 
economic feasibility.  WT/ACC/AFG/11/Add.1 
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  Commitments 
(by the time of accession)  WTO Reference   Draft Act  
9. Regional conditions: measures 
take into account the regional 
characteristics both of the areas 
from which products originate 
and the areas for which they are 
destined. 9. Article 6 and 
Annexes A.6 
and A.7. Article 17  Influence of Regional Conditions on 
Sanitary Measures 
- The Chief Veterinary Officer shall ensure that 
all sanitary measures take into account the 
regional characteristics,  both of the areas 
from which animals, animal products or 
biological materials originate and the areas 
for which they are destined.   
- Sanitary measures shall be adapted to the 
sanitary characteristics of the area, whether 
all of a country, part of a country, or all or 
parts of several countries from which animals, 
animal products or biological materials 
originated and to wh ich animals, animal 
products or biological materials are destined.  
In assessing the sanitary ch aracteristics of a region, 
the following factors sha ll be taken into account, 
inter alia : 
- the level of prevalence of  specific diseases or 
parasites; 
- the existence of er adication or control 
programmes; and, 
- appropriate criteria or guidelines which may 
be developed by the relevant international 
organizations. 
Internationally recogni zed disease free and low 
prevalence areas shall be recognized as well as 
areas in the territory of Afghanistan and in other 
countries if based on scientific evidence.  
Determination of such areas shall be based on 
factors such as: 
- geography;  
- ecosystems;  
- epidemiological surveillance; and the 
effectiveness of sanitary measures applied.
10. Non-discrimination:   
 measures do no t arbitrarily or 
unjustifiably discriminate 
between different members or 
between domestic and foreign 
suppliers.  10. Article 2.3, 
and Annex 
C.1(a) and 
(d). Article 18  Non-Discrimination of Sanitary 
Measures 
- The Chief Veterinary Officer shall ensure that 
any sanitary measures do not arbitrarily or 
unjustifiably discriminate between different 
countries and territories where identical or 
similar sanitary measures prevail or between 
domestic and foreign suppliers.  
- Sanitary measures shall not be imposed or 
applied in a manner which constitutes a 
disguised restriction on international trade.   
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.  Article 19  Control, Inspection and Approval 
Procedures for application of Sanitary Measures 
- The Chief Veterinary Officer shall ensure that 
any sanitary measures having control, 
inspection and approval procedures shall be 
non-discriminatory and minimally restrictive 
to trade. 
- Such procedures shall be undertaken and 
completed without undue delay; and 
 in no less favorable manner for WT/ACC/AFG/11/Add.1 
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  Commitments 
(by the time of accession)  WTO Reference   Draft Act  
imported animals, animal products, 
animal feedstuffs, biological materials 
and other controlled articles than for 
like locally produced animals or 
domestically produced commodities; 
- the standard or an ticipated processing 
period of each procedure shall be 
published or shall be communicated to 
the applicant upon request;  
- when receiving an application, the 
Veterinary Authority shall promptly 
examine the completeness of the 
documentation and inform the 
applicant in a precise and complete 
manner of all deficiencies;  
- the Veterinary Authority shall transmit 
as soon as possible the results of the 
procedure in a precise and complete 
manner to the applicant so that 
corrective action may be taken if 
necessary; even when the application 
has deficiencies;  
- the Veterinary Authority shall proceed 
as far as practicable with the procedure 
if the applicant so requests; and  
- upon request, the applicant shall be 
informed of the stag e of the procedure, 
with any delay being explained; 
- information requirements shall be 
limited to what is necessary for 
appropriate control, inspection and 
approval procedures; 
- the confidentiality of information on 
imported animal products arising from 
or supplied in connection with control, 
inspection and approval shall be 
respected in a manner no less favorable 
than for domestic products and in such 
a manner that legitimate commercial 
interests are protected; 
- any requirements for control, 
inspection and approval of individual 
samples of an animal, animal product 
or commodity shall be limited to what 
is reasonable and necessary; 
- any fees imposed for the testing 
procedures on imported animals, 
animal products, biological materials or 
other commodity shall be equitable in 
relation to any fees charged on like 
domestic products originating in any 
other country and shall be no higher 
than the actual cost of the service; 
- the same criteria shall be used in 
locating official laboratory testing 
facilities for samples from imported  WT/ACC/AFG/11/Add.1 
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  Commitments 
(by the time of accession)  WTO Reference   Draft Act  
animals, animal products, biological 
materials or other commodities as for 
domestically produced animals, animal 
products, biological materials or 
commodities so as to minimize the 
inconvenience to applicants, importers, 
exporters or their agents; 
- whenever specifications of an animal, 
animal product, biological material or 
other commodity are changed 
subsequent to its control and inspection 
in light of the applicable sanitary 
measures, the procedure for the 
modified animal, animal product, 
biological material or other commodity 
shall be limited to what is necessary to 
determine whether adequate confidence 
exists that the anim al, animal product, 
biological material or other commodity 
still meets the sanitary measures 
concerned; and, 
- a procedure shall be established to 
review complaints concerning the 
control, inspection and approval 
procedures for application of sanitary 
measuresand to take corrective action 
when a complaint is justified. 
 
 
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