RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/8
15 November 1999
(99-4897)
TECHNICAL NOTE ON THE ACCESSION PROCESS
Note by the Secretariat
Checklist of Illustrative SPS and TBT Issues
for Consideration in Accessions
This document has been prepared in consultation with WTO members and reflects the
development of "standard form" questionnaires in recent accession working parties.  It should assistacceding governments in the provision of information which will facilitate discussion in their working
party on accession, focussing on SPS and TBT issues.
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Checklist of Illustrative SPS Issues for Consideration in Accessions
Commitments (by the time of accession) WTO Reference
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.
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.
(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 timefor comment from Members and the
public, and establishment of a process
to take comments into account without
discrimination.(d) Annex B.5(d).
4. Necessity: measures are applied only to the
extent necessary to protect human, animal or
plant health.4. Article 2.2.
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.
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.WT/ACC/8
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Commitments (by the time of accession) WTO Reference
7. Equivalence: members shall recognize
different measures that achieve the samelevel of protection.7. Article 4.
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.
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.
10. Non-discrimination:  measures do not
arbitrarily or unjustifiably discriminate
between different members or betweendomestic and foreign suppliers.10. Article 2.3, and Annex C.1(a) and (d).
11. Control, inspection and approval procedures:
ensure that procedures, including systems
for approval of the use of additives or forestablishing tolerances for contaminants in
foods, beverages or feedstuffs comply with
the Agreement.11. Article 8 and Annex C.WT/ACC/8
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Checklist of Illustrative TBT Issues for Consideration in Accessions
Commitments (by the time of accession) WTO Reference
1. Standstill: the introduction of new standards,
technical regulations and conformity
assessment procedures should be fully
compatible with the TBT Agreement1. Generally agreed principle in WTO
accession negotiations
2. Submission of Statement on Implementation 2. Article 15.2 and TBT Committee Decision
(G/TBT/1)
3. Establishment and operation of a single
Contact Point for Information ("inquiry
point")3. Article 10
4. Identification of authority responsible for
notifications, publications and other internal
procedures to ensure transparency
obligations are met on an ongoing basis:4. Articles 2, 3, 5, 7, 10, 15.2, Annex 3 and
G/TBT/1
(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
(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
(c) guidance/law to ensure regulatory
authorities afford non-discriminatoryconsideration 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
(d) guidance/law to ensure regulatory
authorities allow a reasonable period oftime 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
(e) publication and notification of work
programme for standards and non-
governmental conformity assessmentprocedures, including publication of
notices of draft standards and an
opportunity for public comment.(e) Article 4, Annex 3 (J, K, L, N, 0);
Article 8.1WT/ACC/8
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Commitments (by the time of accession) WTO Reference
5. Development and Application of Technical
Regulations and Conformity AssessmentProcedures: 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
(a) non-discrimination with respect to the
treatment of products;(a) Articles 2.1, 3.1, 5.1, 5.2, 7.1
(b) the prohibition of unnecessary obstacles
to international trade and the
consideration of less trade-restrictive
alternatives to fulfilling legitimateobjectives;(b) Articles 2.2, 3.1, 5.1, 5.2, 7.1
(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
(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
(e) the consideration of equivalent
technical regulations of other Members;(e) Article 2.7, 3.1, 7.1
(f) the acceptance of the results of
conformity assessment procedures
conducted by bodies in an exporting
Member country;(f) Article 6, 7.1
(g) non-discriminatory and cost-based fee
structure.(g) Article 5.2, 7.1, 10.4
6. Development and Application of Standards
and Conformity Assessment Procedures:
Existence of legal and/or administrativeunderpinnings (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
(a) non-discrimination with respect to the
treatment of products;(a) Annex 3 (D), Article 8.1WT/ACC/8
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Commitments (by the time of accession) WTO Reference
(b) the prohibition of unnecessary obstacles
to international trade;(b) Annex 3 (E), Article 8.1
(c) the consideration of appropriate
international standards, guides andrecommendations as a basis for
standards;(c) Annex 3 (F), Article 8.1
(d) non-discriminatory and cost-based fee
structure.(d) Annex 3 (M), Annex 3 (P), Articles 8.1,
10.4
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