RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/LAO/6 
27 July 2006 
 
 (06-3611) 
Working Party on the 
Accession of the Lao PDR Original:   English 
 
 
 
ACCESSION OF THE LAO PDR 
 
Checklist of Illustrative Sanitary and Phytosanitary (SPS) and  
Technical Barriers to Trade (TBT) Issues for Consideration in Accessions  
 
 
 The following submission, dated 13 July 2006, is being circulated at the request of the Government of the Lao People's Democratic Republic (Lao PDR). 
 
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 WT/ACC/LAO/6 
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  Checklist of Illustrative SPS Issues for Consideration in Accessions
 
 
Commitments WTO Reference Domestic Provisions 
1. Standstill: the introduction of 
new standards, animal health 
regulations and food safety 
regulations shall conform to 
SPS Agreement principles. 1. Generally agreed principle in 
WTO accession negotiations. 1. All new related regulations 
will be in accordance with 
SPS Agreement. 
2. Establishment and operation 
of a single Contact Point for Information ("enquiry point"). 2. Article 7 and Annex B.3. 2.  An enquiry point is being set 
up under the Science Technology and Environment 
Agency (STEA) of the Prime 
Minister’s Office. 
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. (a) Ministry of Commerce 
has been mandated to be 
responsible for notifications. 
(b) establish guidance or law 
requiring publication of 
proposed measures at an early stage for comment; (b) Annex B.5 (a). (b)  A requirement for 
publication of proposed 
measures is in the process of being 
established. 
(c) provision in law or 
administrative procedure 
to provide copies of 
proposed measures to WTO Members; and (c) Annex B.5.(c). (c)  See above. 
(d) require in law or 
administrative 
procedure, a reasonable period of time for 
comment from Members 
and the public, and establishment of a 
process to take 
comments into account without discrimination. (d) Annex B.5 (d). (d)  Such a procedure will be 
arranged after accession. 
4. Necessity: measures are 
applied only to the extent 
necessary to protect human, animal or plant health. 4. Article 2.2. 4.  This measure has not yet been 
incorporated into domestic 
regulation. 
5. Regulations Based on 
Science: regulations 
governing animal and plant 
health and food safety shall be 
based on scientific evidence. 5. Articles 2.2, 3.3 and 5.2. 5.  This measure has not yet been 
incorporated into domestic 
regulation. 
6. Harmonization: to the extent 
possible, members shall 
follow international standards, 
guidelines, and recommendations in 
establishing SPS measures. 6. Articles 3.1, 3.3 and 3.4. 6.  In practice Lao PDR, follows 
to the extent possible 
international standards, 
guidelines, and recommendations in preparing 
SPS measures.    WT/ACC/LAO/6 
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  Commitments WTO Reference Domestic Provisions 
7. Equivalence: members shall 
recognize different measures that achieve the same level of 
protection. 7. Article 4. 7.  This measure has not yet been 
incorporated into domestic regulation. 
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. 8.  This measure has not yet been 
incorporated into domestic 
regulation. 
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. 9.  In practice, Lao PDR takes 
into account the regional 
characteristics of the products 
originate from and destined to other countries. 
10. Non-discrimination:  
measures do not arbitrarily or 
unjustifiably discriminate 
between different members or between domestic and foreign 
suppliers. 10. Article 2.3, and Annex C.1 (a) 
and (d). 10.  This measure has not yet been 
incorporated into domestic 
regulation. 
11. Control, inspection and 
approval procedures: ensure 
that procedures, including 
systems for approval of the use of additives or for 
establishing tolerances for 
contaminants in foods, beverages or feedstuffs 
comply with the Agreement. 11. Article 8 and Annex C. 11.  This measure has not yet been 
incorporated into domestic 
regulation. 
 
 WT/ACC/LAO/6 
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  Checklist of Illustrative TBT Issues for Consideration in Accessions
 
 
Commitments WTO Reference Domestic Provisions 
1. Standstill: the introduction of 
new standards, technical 
regulations and conformity 
assessment procedures should 
be fully compatible with the 
TBT Agreement. 1. Generally agreed principle in 
WTO accession negotiations. 1.  All related regulations will be 
in accordance with TBT 
Agreement after accession. 
2. Submission of Statement on 
Implementation. 2. Article 15.2 and TBT 
Committee Decision 
(G/TBT/1). 2.  Notification procedures of 
TBT Agreement will be 
implemented after Lao PDR’s 
WTO accession. 
3. Establishment and operation 
of a single Contact Point for 
Information ("enquiry point"). 3. Article 10. 3.  An enquiry point is being set 
up under the Science 
Technology and Environment 
Agency (STEA) of the Prime Minister’s Office. 
4. Identification of authority 
responsible for notifications, 
publications and other internal procedures to ensure 
transparency ob ligations are 
met on an ongoing basis: 4. Articles 2, 3, 5, 7, 10, 15.2, 
Annex 3 and G/TBT/1. 4.  Ministry of Commerce has 
been mandated to be 
responsible for notifications; for publications and other 
internal procedures are under 
responsibility of STEA as the National Standard Body. 
(a) identification of 
publication where 
notices of proposed 
technical regulations and 
conformity assessment procedures will appear; (a) Articles 2.9.1, 3.1, 5.6.1, 
7.1, 10.1.5. (a)   The publication of TBTs 
is currently being 
considered.  The 
Standards Law currently 
in the process of being drafted and approved 
contains provisions 
promoting the dissemination of 
standards. 
(b) identification of 
authority responsible for making notifications to 
the WTO; (b) Article 2.9.2, 2.10.1, 3.2, 
3.3, 5.6.2, 5.7.1, 7.2, 7.3, 10.7, 10.10. (b)  Authority responsible 
for making notifications to WTO is Ministry of 
Commerce. 
(c) guidance/law to ensure 
regulatory authorities afford non-
discriminatory 
consideration of comments in the 
preparation of a final 
regulation; (c) Articles 2.9.4, 2.10.3, 
3.15 3.3, 5.6.4, 5.7.3, 7.1, 7.3. (c)   It will be incorporated 
into domestic regulations. 
(d) guidance/law to ensure 
regulatory authorities 
allow a reasonable period of time between 
the final publication of a 
technical regulation and conformity assessment 
procedure and its entry 
into force so that suppliers can adapt; (d) Articles 2.11, 2.12, 3.1, 
5.8, 5.9, 7.1. (d)  It will be incorporated 
into domestic 
regulations.  WT/ACC/LAO/6 
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  Commitments WTO Reference Domestic Provisions 
(e) publication and 
notification of work programme for standards 
and non-governmental 
conformity assessment 
procedures, including 
publication of notices of draft standards and an 
opportunity for public 
comment. (e) Article 4, Annex 3 (J, K, 
L, N, 0);  Article 8.1. (e)  It will be incorporated 
into domestic regulations. 
5. Development and Application 
of Technical Regulations and 
Conformity Assessment 
Procedures: Existence of legal and/or administrative 
underpinnings (or reasonable 
measures" as appropriate) to ensure ongoing compliance 
with provisions of the 
agreement concerning, in particular: 5. Articles 2, 3, 5, 6, 7. 5.  The existing Decree of the 
Prime Minister on 
Management of Standards and 
Quality of Products and Goods No. 85/PM dated 2 
November 1995 is being 
upgraded to Standards Law to ensure the compliance with 
provisions of the agreement 
concerning. 
(a) non-discrimination with 
respect to the treatment 
of products; (a) Articles 2.1, 3.1, 5.1, 
5.2, 7.1. (a)   This measure has not yet 
been incorporated into 
domestic regulation. 
(b) the prohibition of 
unnecessary obstacles to 
international trade and 
the consideration of less 
trade-restrictive 
alternatives to fulfilling legitimate objectives; (b) Articles 2.2, 3.1, 5.1, 
5.2, 7.1. (b)  This measure has not yet 
been incorporated into 
domestic regulation. 
(c) the ongoing review of 
technical regulations to 
ensure they are appropriate to achieve 
the desired legitimate 
objective; (c) Article 2.3, 3.1, 7.1. (c)  Technical regulations 
are already subject to 
ongoing review. 
(d) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis for technical 
regulations and 
conformity assessment procedures; (d) Article 2.4, 3.1, 5.4, 7.1. (d)  In practice yes, referring 
to ISO/IEC guidance. 
(e) the consideration of 
equivalent technical 
regulations of other 
Members; (e) Article 2.7, 3.1, 7.1. (e)  Lao PDR has adopted 50 
IEC Standards as the 
National Standards of 
Electronically and 
Electronic Products. 
(f) the acceptance of the 
results of conformity 
assessment procedures 
conducted by bodies in an exporting Member 
country; (f) Article 6, 7.1. (f)  Lao PDR does recognize 
the results of conformity 
assessment procedures 
conducted by relevant bodies in exporting 
countries. WT/ACC/LAO/6 
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  Commitments WTO Reference Domestic Provisions 
(g) non-discriminatory and 
cost-based fee structure. (g) Article 5.2, 7.1, 10.4. (g)   This measure has not yet 
been incorporated into domestic regulation. 
6. Development and Application 
of Standards and Conformity 
Assessment Procedures: 
Existence of legal and/or 
administrative underpinnings (or " reasonable measures" as 
appropriate) to ensure 
ongoing compliance with provisions of the agreement 
concerning, in particular: 6. Article 4 and Annex 3, 
Article 8. 6.  The existing Decree of the 
Prime Minister on 
Management of Standards and 
Quality of Products and 
Goods No. 85/PM dated 2 November 1995 is being 
upgraded to Standards Law to 
ensure the compliance with provisions of the agreement 
concerning. 
(a) non-discrimination with 
respect to the treatment of products; (a) Annex 3 (D), Article 
8.1. (a)  This measure has not yet 
been incorporated into domestic regulation. 
(b) the prohibition of 
unnecessary obstacles to 
international trade; (b) Annex 3 (E), Article 8.1. (b)  In practice yes, although 
this is not yet stipulated 
in domestic regulation. 
(c) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis for standards; (c) Annex 3 (F), Article 8.1. (c)  In practice yes, referring 
to ISO/IEC guidance. 
(d) non-discriminatory and 
cost-based fee structure. (d) Annex 3 (M), Annex 3 
(P), Articles 8.1, 10.4. (d)  This measure has not yet 
been incorporated into 
domestic regulation. 
 
 
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Note :  The Lao PDR notes that several laws and regulations  relevant to these checklists are currently in the 
process of being drafted, approved or promulgated.  These include, for example a Law on Standards, a Food Law, a Plant Protection and Quarantine Regime, and a Veterinary Law, as well as related Decrees 
for each of these laws.  Also Lao PDR is involved  in technical assistance programs designed to 
improve its capacity in th e areas of SPS and TBT.  
 
 
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