3.69.  Sanitary and phytosanitary (SPS) regulations are not yet harmonized within CEMAC. National measures regulate the importation of certain goods that might pose a risk to public health or safety or are simply of strategic interest

3.70.  The Economic Commission on Cattle, Meat and Fish Resources (CEBEVIRHA), a specialized CEMAC agency created in December 2014[48], aims to improve the health of livestock and fishery resources in the region

3.71.  ECCAS has a regional SPS committee, a focal point on plant health and a focal point on animal health.[49] A Codex Alimentarius focal point is still missing. A number of projects have been implemented in the framework of the Comprehensive Africa Agriculture Development Programme (CAADP). These include the "African Veterinary Governance Programme" (which led to the creation of the Central African Regional Animal Health Centre), and the two phases of the "Participation of African Nations in Sanitary and Phytosanitary Standard‑setting Organizations"

3.72.  In the area of plant health, a CEMAC regulation on pesticide approval has been in force since 2004. It defines the approval criteria and gives the competent authorities of the member States discretion to control the importation, exportation, marketing, utilization and destruction of approved pesticides

3.73.  The Pesticides Committee of Central Africa (CPAC) is responsible for the common approval of pesticides in the CEMAC zone.[50] It has initiated a process of regionalization of approvals and published a list of pesticides approved at the regional level (Table 3.5). CPAC is also planning to set up a subregional laboratory for the analysis of pesticides and pesticide residues in foodstuffs in Central Africa. Source: Secretariat of the Central African Pesticide Approval Commission, List of Pesticides Approved in the CEMAC Zone, May 2017

3.74.  In April 2019, CPAC adopted decisions (1) prohibiting the importation, distribution and storage of 54 active substances[51]; (2) regulating the importation, distribution, use, and storage of three other substances (alachlor, tributyltin compounds and monocrotophos)[52]; and (3) setting fees for the review of dossiers for the regional approval of pesticides.[53]

3.75.  As regards rules governing the production, quality control, certification and marketing of plant seeds and seedlings in the zone, CEMAC began assembling a Catalogue of Plant Species and Varieties (CEVAC) in 2014.[54] The Catalogue contains a restrictive list of varieties or varietal types whose seed may be produced and marketed within the Community. It comprises all the varieties of species of Community interest approved in the member States

3.76.  With regard to pharmaceutical products, in 2002 CEMAC designated the OCEAC as its specialized public health body. Accordingly, this Organization is overseeing the process of harmonizing national pharmaceutical policies. Thus, it developed a draft common pharmaceutical policy in April 2013. Among other things, this text defines the criteria for drug approval, pharmaceutical inspection and quality control. LANACOME has been identified to serve as a benchmark

3.77.  Due to the lack of testing equipment, prescribed protocols and training, SPS inspections in the region often remain purely visual, and low‑risk products are treated in the same way as high‑risk ones. As a result, it has been pointed out that SPS certification, as currently practiced, is more about collecting revenue than protecting against genuine food safety or plant and animal health risks.[55]

3.90.  No measure (ordinary or emergency) has been notified to the WTO SPS Committee since the last review of Congo's trade policies, in 2013; the country does not have an SPS enquiry point. The lack of an operational SPS system and the country's inadequate infrastructure hinder the export of Congolese products

3.91.  The Ministry responsible for health is responsible for applying SPS measures relating to human health and food, and the Ministry responsible for agriculture is in charge of applying phytosanitary measures and the protection of animal health[94], in both cases in collaboration with the Ministry responsible for trade.[95] Congo complies with the provisions of the FAO International Plant Protection Convention; the FAO and WHO Codex Alimentarius; and the World Organisation for Animal Health (WOAH)

3.92.  The importation and exportation of animal and plant products are subject to prior authorization and the issuance of animal health and phytosanitary certificates. The importation into the Republic of the Congo of live animals other than carnivores is subject to an authorization issued by the Veterinary Inspection Service (Ministry of Agriculture and Livestock).[96] The importation of some food products of animal origin is prohibited[97], and the movement of cattle on Congolese territory is subject to the issuance of a health permit by the Veterinary Inspection Service following a cattle health visit from the head of the veterinary sector of the place of origin.[98]

3.93.  The health inspection of markets and establishments for trade in and processing of products of animal origin, whether fresh, prepared or processed, and of facilities for processing raw materials is compulsory.[99] Compound products intended for cattle feed are subject to controls and their sale is subject to prior declaration of their composition authorized by the Ministry of Agriculture and Livestock.[100] Representatives of the departments of the Ministry, acting as phytosanitary inspectors, are present at the main customs posts to check plants' origin and quality.[101]

3.94.  In Congo, SPS controls are performed at several levels and for various reasons. Phytosanitary controls are conducted to prevent the introduction and spread of organisms harmful to plants. Animal health controls are intended to prevent the introduction of animals carrying diseases that could infect animals and humans. Lastly, the objective of food safety inspections is to prevent contamination

3.95.  With respect to the customs cordon, at the operational level, the various structures operating at the country's borders work under the umbrella of Customs, but there is no regulatory framework for the coordination of such activities. The customs administration is responsible for the borders, functioning essentially in a supervisory capacity for all services operating there. It oversees imports and exports of goods and verifies that trade transactions at the borders are conducted properly. It develops and proposes regulations to facilitate international trade and secure the logistics chain.[102]

3.65.  The CEMAC Investment Charter provides for the establishment of a standardization, metrology and certification system in each country, as well as at the Community level. This system must comply with international rules, including the provisions of the WTO and the International Organization for Standardization. The Central African subregional metrology organization (CEMACMET), established in 2011 and attached to the CEMAC Commission, is intended to promote metrology and related activities with a view to facilitating trade

3.66.  At the national level, the countries are at different stages as regards the status of the national body responsible for quality or standards (see country annexes). They also have different status within the ISO. Cameroon and Gabon, which have member body status, are authorized to participate, with full voting rights, in the drafting of any important standard. Congo, the Central African Republic and Chad are not members. Cameroon, Congo and Gabon are members of the African Regional Organization for Standardization (ARSO)

3.67.  With regard to pharmaceutical products, the Organization for the Coordination of the Fight against Endemic Diseases in Central Africa (OCEAC), the statute for which was adopted in 2014[47], steers the process of harmonizing national pharmaceutical policies. It has drawn up a text that defines, among other things, the criteria for drug approval, pharmaceutical inspection and quality control. Cameroon's National Drug Quality Control and Expertise Laboratory (LANACOME) has been identified to serve as a benchmark

3.68.  Other Community initiatives include the introduction of a quality programme for agrifood products (CEMAC quality system) and a "CEMAC Infrastructure‑quality" chapter intended to promote activities relating to standards, certification and accreditation

3.80.  Since 2015, Congo has instituted reforms by setting up a national regulatory framework for standardization and quality management.[90] The Congolese Standardization and Quality Agency (ACONOQ) was created, inter alia, to implement a national standardization and quality management system and equip the country with food testing laboratories to control product quality, such as those operated by La Congolaise des Eaux (LCDE) and the National Institute for Research in Engineering, Innovation and Technology (INRSIIT).[91]

3.81.  According to the authorities, Congo is conscious of the role played by standardization in the process of national development and has been active in introducing regulations to that effect. (Box 3.1). Source: Information provided by the authorities

3.82.  The ACONOQ is the national standardization agency charged with activities relating to standardization, metrology, the promotion of quality, certification and accreditation for all sectors of socioeconomic activity in the Republic of the Congo. Since 2015, the ACONOQ has developed national standards and adopted several international standards

3.83.  The following national standards have been developed and made mandatory (technical regulations): NCGO 0004‑1:2017‑09 standard on the composition, specifications and conformity criteria of cement; NCGO 002:2015‑03 Congolese standard for the labelling of pre‑packaged foods; NCGO 001:2013 Congolese standard for iron‑fortified wheat flour; NCGO 200‑1:2021‑03 Congolese standard on water for human consumption; NCGO 200‑2:2021‑03 Congolese standard on bottled water

3.84.  Congo has also adopted a series of international standards (technical regulations) and provided for their mandatory application (Table A3.1)

3.85.  In the absence of a national standard or divergence, regional or international standards apply

3.86.  To date, Congo has not signed any mutual recognition agreement. It has put in place a programme of pre‑shipment conformity assessment for goods. All imports of goods into Congo must have a conformity certificate issued by the ACONOQ.[92]

3.87.  According to the Congolese authorities, standards have been established for salt and flour. The latter must contain 60 ppm iron. Salt marketed in Congo must be iodized. A standard for cement has been adopted, and the technical regulation (order of approval) is in the process of being published.[93] Pending the determination of regulatory costs involved in adopting these standards they are not yet being applied

3.88.  The checks carried out upon importation further to technical standards and regulations are documentary and quality controls. For border controls, importers must present the conformity certificate issued by the ACONOQ

3.89.  Congo has not submitted any notification to the WTO in this regard

3.96.  Congo has no national rules (or associated taxes) in respect of packaging. For labelling, on the other hand, Law No. 03‑2007 of 24 January 2007 requires that products imported into Congo bear a notice in French.[103] Decree No. 2018‑217 of 5 June 2018 on the packaging and labelling of tobacco and its by‑products explains the requirements relating to health warnings and images describing the harmful effects of tobacco consumption in both French and local languages