WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/AFG/11 
6 February 2012 
 (12-0721) 
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 
 
  The following submission, dated 23 January 2012, is being circulated at the request of the Delegation of the Islamic Republic of Afghanistan.  
 
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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 WTO 
accession negotiations.   
2. Establishment and operation of 
a single Contact Point for 
Information ("enquiry point"). 2. Article 7 and 
Annex B.3 Please note that provision for the establishment of a 
national enquiry and notification center is in Article 38.1 
of the Law on Plant Protection and Quarantine. Article 38: 
 
(1) A National Sanitary and Phytosanitary Enquiry and 
Notification Point (hereinafter SPS ENP), shall be 
established at the Ministry of Agriculture 
Irrigation, and Livestock to process enquiry regarding all sanitary and phytosanitary measures 
of Afghanistan and provide notification regarding 
all relevant draft and adopted sanitary and phytosanitary measures. 
 
Article 40:  
Upon the request of any person in accordance with 
obligations of internatio nal agreements, the SPS ENP 
shall provide the latter with any information concerning 
phytosanitary measures for objects subject to phytosanitary measures. Such information shall include 
the following: 
 (1) Scientific justification for phytosanitary measures 
that are applied on both imported and domestic 
food products; 
(2) Procedures and means of risk assessment of 
food-borne hazards for human health, as well as 
the data of the reports related to such risk assessment; 
(3) Procedures and means of controlling food products 
in Afghanistan; 
(4) Current instructions, requirements, and procedures 
of food product inspection and control; 
(5) Information about membership and participation of 
Afghanistan in the relevant international 
organizations or international agreements 
regarding phytosanitary measures and the texts of 
such agreements; and 
(6) Any other relevant information.  
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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 21: Notification and Publication of National 
Food Safety Measures  
(1) All proposed food safety measures, that do not 
conform to international standards or for which no international standards exist, and it is expected that 
they may have a significant effect on export 
opportunities of interested trading partners, shall be notified through the National Sanitary and 
Phytosanitary Enquiry and Notification Point – 
SPS ENP (established under other legislation of 
Afghanistan)  no less than 60 days before preparing 
a final draft food safety measure in accordance 
with the provisions of relevant international agreements. In addition, an announcement of the 
availability of proposed food safety measures and 
means of obtaining the proposed food safety 
measures shall be published. Article 38.1: 
 (1) A National Sanitary and Phytosanitary Enquiry and 
Notification Point (hereinafter SPS ENP), shall be 
established at the Ministry of Agriculture Irrigation, and Livestock to process enquiry 
regarding all sanitary and phytosanitary measures 
of Afghanistan and provide notification regarding all relevant draft and adopted sanitary and 
phytosanitary measures.  
 (b) establish guidance or law 
requiring publication of proposed measures at an early 
stage for comment; (b) Annex B.5(a) (1) All proposed phytosanitary measures, that do not 
conform to international standards or for which no international standards exist, and it is expected that 
they may have a significant effect on export 
opportunities of interested trading partners, a notice of the availability of the proposed 
phytosanitary measure shall be published and such 
measure shall be notified through the SPS ENP no 
less than 60 days before preparing a final draft 
phytosanitary measure in  accordance with the 
provisions of relevant international agreements. 
 (c) provision in law or 
administrative procedure to 
provide copies of proposed measures to WTO Members; 
and (c) Annex B.5(c) Article 22:  Provision of Information on Relevant Food 
Safety Measures 
 Upon the request of any person in accordance with 
obligation of the international agreements, the SPS ENP  
shall provide the latter with any information concerning food safety measures for obje cts subject to food safety 
measures. 
 2.  Such information shall include the following: 
 
(a) Scientific justification for food safety measures 
that are applied on both imported and domestic 
food products; 
(b) Procedures and means of risk assessment of 
food-borne hazards for human health, as well as 
the data of the reports related to such risk assessment; Article 39.2: 
 
(2) Comments received as a result of the notification 
and publication of proposed new or changed 
phytosanitary measures shall be taken into 
consideration in a non-discriminatory manner before such measures are adopted. When requested 
in writing by a person or interested trading partner, 
the SPS ENP shall provide the text of the proposed phytosanitary measure, and, whenever possible, 
identify the provisions, which in substance deviate 
from international standards, guidelines and recommendations.   
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(c) Procedures and means of controlling food 
products in Afghanistan; 
(d) Current instructions, requirements, and 
procedures of food product inspection and control; 
(e) Information about membership and 
participation of Afghanistan in the relevant international organizations or international 
agreements regarding food  safety measures and 
the texts of such agreements; and 
(f) Any other relevant information. 
 (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 21: Notification and Publication of National 
Food Safety Measures 
 (1) All proposed food safety measures, that do not 
conform to international standards or for which no 
international standards exist, and it is expected that they may have a significant effect on export 
opportunities of interested trading partners, shall be 
notified through the National Sanitary and 
Phytosanitary Enquiry and Notification Point – 
SPS ENP (established under other legislation of 
Afghanistan)  no less than 60 days before preparing 
a final draft food safety measure in accordance 
with the provisions of relevant international agreements. An announcement of the availability 
of proposed food safety measures and means of 
obtaining the proposed food safety measures shall be published.  
(2) Comments received as a result of the notification 
and publication of proposed new or changed food safety measures shall be taken into consideration in 
a non-discriminatory manner before such measures 
are adopted. When requested in writing by a person or interested trading partner, SPS ENP  shall 
provide the text of the proposed food safety 
measure, and, whenever possible, identify the provisions, which in substance deviate from 
international standards, guidelines and 
recommendations. Article 38.1 (see above) and Article 38.2: 
 
(2) Comments received as a result of the notification 
and publication of proposed new or changed 
phytosanitary measures shall be taken into 
consideration in a non-discriminatory manner before such measures are adopted. When requested 
in writing by a person or interested trading partner, 
the SPS ENP shall provide the text of the proposed 
phytosanitary measure, and, whenever possible, 
identify the provisions, which in substance deviate from international standards, guidelines and 
recommendations.   
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4. Necessity: measures are 
applied only to the extent 
necessary to protect human, 
animal or plant health. 4. Article 2.2 Article 19:  Scientific basis and risk assessment 
 
(1) Food safety measures shall only be applied to the 
extent necessary to achieve protect human health or life, and without unjustified discrimination 
between food products produced domestically and 
imported food products, or between different suppliers of imported food products. Article 16.2: 
 
(2) Phytosanitary measures shall be applied only to the 
extent necessary to protect  animal, plant or human 
life or health As conditions change or new facts 
become available, the NPPO shall modify or 
revoke phytosanitary requirements and phytosanitary measures as well as prohibitions 
without delay. 
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 19:  Scientific basis and risk assessment 
 (3) Food safety measures shall be based on an 
assessment, appropriate to the circumstances, of 
the risks to human health, taking into account risk assessment techniques developed by international 
organizations. Article 16.1: 
 (1) In order to prevent the introduction and spread of 
regulated pests, the Minister shall establish 
phytosanitary requirements, phytosanitary measures and prohibitions on the import of plants, plant 
products and other regulated articles based on 
existing international standards, or when such international standards are not available or 
applicable, the measure shall be based on scientific 
principles and available scientific evidence. 
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 18:  International Standards 
 (1) International standards for food safety, where they 
exist, shall be used as the basis for establishing 
national standards for food safety and developing 
national food safety measures; and 
(2) Where international standards do not exist, or 
where a national standard for food safety/national 
food safety measure deviates from international 
standards, the national standard for food safety/national food safety measure   shall be based 
on scientific principles and available scientific 
evidence. 
7. Equivalence: members shall 
recognize different measures 
that achieve the same level of 
protection. 7. Article 4 Article 20:  Equivalence 
 
Food safety measures of other countries shall be 
accepted as equivalent, even if these measures differ from Afghanistan's measures or those of other countries, 
if an exporting country object ively demonstrates that its 
measures achieve Afghanistan's level of protection. Article 16.3: 
(3) The NPPO shall evalua te and accept alternative 
phytosanitary measures proposed by the NPPO or 
equivalent institution(s) of  the exporting country as 
being equivalent to the phytosanitary measures 
required under paragraph (1) of this article if the 
alternative phytosanitary measures achieve the level of protection applied by Afghanistan.  
Note:  "NPPO" denotes the National Plant Protection 
Organization; See Items 5 and 6 above for the text of 
paragraph 1 referred to in this provision.  
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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 Article 19:  Scientific basis and Risk Assessment 
 
(3) Food safety measures shall be based on an 
assessment, appropriate to the circumstances, of the risks to human health, taking into account risk 
assessment techniques developed by international 
organizations. Article 16.5: 
 
Phytosanitary measures shall be based on an assessment, 
as appropriate to the circ umstances, of the risks to 
human, animal or plant life or health, taking into 
account risk assessment techniques developed by the 
relevant international organizations.  
 (a) The following shall be taken into account in the 
assessment of risks: availa ble scientific evidence; 
relevant processes and production methods;  
relevant inspection, sampling and testing methods;  
prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological 
and environmental conditions; and quarantine or 
other treatment. 
 
 (b) In assessing the risk to animal or plant life or 
health and determining the measure to be applied 
for achieving the appropriate level of phytosanitary 
protection from such risk, the following shall be taken 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 pest or disease; the costs of control or 
eradication in the territory of Afghanistan;  and the 
relative cost-effectiveness of alternative approaches to limiting risks. 
 
 (c) When determining the appropriate level of 
phytosanitary protection, the objective of 
minimizing negative trade effects shall be taken 
into account:   
  - Measures shall not be more trade-restrictive 
 than required to achi eve their appropriate 
 level of phytosanitary protection, taking into  account technical and economic feasibility.    
  - With the objective of achieving consistency 
 in the application of the concept of 
 appropriate level of phytosanitary protection 
 against risks to human life or health, or to  plant life or health, arbitrary or unjustifiable  
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 distinctions in the levels it considers to be 
 appropriate in different situations shall be 
 avoided, if such distinctions result in 
 discrimination or a disguised restriction on  international trade. 
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 Article 19: Scientific basis and risk assessment 
 
(2) Food safety measures shall not arbitrarily or 
unjustifiably discriminate  between countries where 
identical or similar conditions prevail, including 
between Afghanistan and exporting countries. Article 16.5.a: 
 
The following shall be taken into account in the assessment of risks: availa ble scientific evidence;  
relevant processes and production methods;  relevant 
inspection, sampling and testing methods;  prevalence of specific diseases or pests; existence of pest- free areas; 
relevant ecological and environmental conditions; and 
quarantine or other treatment. 
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) Article 16.5.c: 
 
(c) When determining the appropriate level of 
phytosanitary protection, the objective of minimizing negative trade effects shall be taken 
into account:   
 - Measures shall not be more trade-restrictive 
than required to achieve their appropriate level 
of phytosanitary protection, taking into account technical and economic feasibility.    
 - With the objective of achieving consistency in 
the application of the concept of appropriate 
level of phytosanitary protection against risks 
to human life or health, or to plant life or 
health, arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in 
different situations shall be avoided, if such 
distinctions result in discrimination or 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 31: Minimizing negative effects on trade 
 
(1) When determining levels of protection and 
establishing import inspection procedures, the 
Food Control Authority shall minimize negative 
effects on trade. 
 
(2) For any procedure to check and ensure the 
fulfilment of food safety measures, the Food Article 12.5: 
 
(5) Inspection, control and assessment procedures 
shall be non-discriminatory and minimally 
restrictive to trade, including: 
 
 (a) such procedures are undertaken and completed 
without undue delay and in no less favourable manner for imported products than for like  
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Control Authority shall ensure that: 
 
(a) It is undertaken and completed without undue 
delay and in no less favourable manner for imported products than for like domestic 
products; 
(b) The Food Control Authority in order to 
facilitate the import process for countries 
interested in Afghanistan adopts the following 
measures: 
i. At the request of the applicant, the estimated 
process time for the application shall be 
provided. 
ii. Without delay completion of document shall 
be reviewed 
iii. inform the applicant in a precise and 
complete manner of all deficiencies    
iv. 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;  
v. If the application has shortcomings, the Food 
Control authority, based on the applicant's 
request, where it is applicable offer explanation of information required for 
completion of application. 
vi. Based on the request, the applicant's 
condition and stage of investigation and shall 
notify them of any delays in processing; 
(c) Information requirements shall be limited to 
what is necessary for appropriate control, 
inspection and approval procedures,  including 
for approval of the use of additives or for the establishment of tolerances for contaminants in 
food, beverages or feedstuffs; 
(d) the confidentiality of information about 
imported products arising from or supplied in 
connection with control, inspection and 
approval is respected in a way no less 
favourable than for domestic products and in 
such a manner that legitimate commercial interests are protected; domestic products; 
 (b) the standard processing period of each 
procedure is published or that the anticipated 
processing period is communicated to the applicant upon request;  when receiving an 
application, the competent body shall promptly 
examine the completeness of the documentation and informs the applicant in a 
precise and complete manner of all 
deficiencies;  the competent body transmits as soon as possible the resu lts 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 comp etent body proceeds as 
far as practicable with the procedure if the applicant so requests;  and that upon request, 
the applicant shall be in formed of the stage of 
the procedure, with any delay being explained; 
 (c) information requirements shall be limited to 
what is necessary for appropriate control, inspection and approval procedures,  including 
for approval of the use of additives or for the 
establishment of tolerances for contaminants in food, beverages or feedstuffs; 
 (d) the confidentiality of information about 
imported products arising from or supplied in connection with control, inspection and 
approval shall be respected in a way no less 
favourable than for domestic products and in such a manner that legitimate commercial 
interests are protected; 
 (e) any requirements for control, inspection and 
approval of individual specimens of a product 
shall be limited to what is reasonable and 
necessary; 
 (f) any fees imposed for the procedures on 
imported products shall be equitable in relation 
to any fees charged on like domestic products 
or products originating in any other Member 
and shall be no higher than the actual cost of the service;  
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(e) any requirements for control, inspection and 
approval of individual specimens of a product 
shall be limited to what is reasonable and 
necessary;   
(f) any fees imposed fo r the procedures on 
imported products are equitable in relation to 
any fees charged on like domestic products or products originating in any foreign country and 
shall be no higher than the actual cost of the 
service; 
(g) the same criteria shall be used in the siting of 
facilities used in the procedures and the 
selection of samples of imported products as for domestic products so as to minimize the 
inconvenience to applicants, importers, 
exporters or their agents;   
(h) whenever specifications of a product are 
changed subsequent to its control and 
inspection in light of the applicable regulations, 
the procedure for the modified product shall be 
limited to what is necessary to determine whether adequate confid ence exists that the 
product still meets the regulations concerned;  
and 
(i)  a procedure shall exist to review complaints 
concerning the operation of such procedures 
and to take corrective action when a complaint is justified.  (g) the same criteria shall be used in the siting of 
facilities used in the procedures and the 
selection of samples of imported products as 
for domestic products so as to minimize the inconvenience to applicants, importers, 
exporters or their agents; 
 (h) whenever specifications of a product are 
changed subsequent to its control and 
inspection in light of the applicable regulations, 
the procedure for the modified product shall be limited to what is necessary to determine 
whether adequate confid ence exists that the 
product still meets the regulations concerned; and 
 (i) a procedure shall exist to review complaints 
concerning the operation of such procedures and to take corrective action when a complaint 
is justified. 
 
 
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