3.136.  As is the case in several other areas, policy and developments in the field of SPS during the review period were largely driven by Georgia's obligations under the DCFTA. Nearly all new legislative developments derive from the DCFTA as Georgia continues to move towards EU SPS acquis. Georgia's overall policy goal has been towards developing the legal and institutional framework in the food safety area to establish a food safety system in line with EU and international standards

3.137.  The SPS situation in Georgia can be described as having improved in recent years, and Georgia has been noted as one of the more advanced countries in the region in terms of SPS protections and adherence to international norms as its SPS-related legislation is more closely aligned with the WTO Agreement.[258] The partial implementation of the DCFTA and related reform measures have increased the potential for more agricultural exports as Georgia can now access more of the EU market, for example, for fish products and honey.[259]

3.138.  Legislative developments over the period were significant as Georgia works to approximate the EU legislation as outlined in Annex XI-B of the DCFTA. This Annex specifies 272 EU laws or directives for Georgia to adopt by certain dates during the period 2015-27. Georgia already approximated its SPS legislation to 162 EU legal acts thus far (Tables 3.10 and Table A3.5). Also, a number of EU acts were considered non-applicable for Georgia by the EU‑Georgia Sanitary and Phytosanitary (SPS) Sub-Committee (indicated in parentheses in Table 3.10). As at September 2021, this new legislation had not been notified to the WTO

3.139.  During the review period, Georgia worked on the National Phytosanitary Strategy, but as at September 2021 it had not yet been approved. Furthermore, the National Food Safety Implementing Strategic Document was prepared during the review period; it was recently approved but not yet available for examination

3.140.  Georgia's main law for SPS remains its 2012 Law on Food/Feed Safety, Veterinary and Plant Protection Code, which underwent several amendments during the review period, mostly in response to DCFTA requirements or consequential changes resulting thereof.[260] The Law applies to the production, processing, and distribution of food/feed, animals, plants, and products of animal and plant origin in the territory of Georgia, and to food/feed safety and veterinary and phytosanitary controls related to import, export, re-export, and transit across the customs borders. The Law introduces the international norms in the SPS area by incorporating the requirements of the International Standards for Phytosanitary Measures (ISPM), International Plant Protection Convention (IPPC), World Organization for Animal Health (OIE), Codex Alimentarius, and the WTO. It contains provisions on risk assessment, risk management, requirements related to the Hazard Analysis and Critical Control Points (HACCP) system, quarantine procedures, and a number of critical ISPMs.[261]

3.141.  Several legal acts, in particular as they relate to SPS border measures, contain other provisions that are relevant to the implementation of the SPS Agreement or international norms. For example, Resolution No. 463 of 20 September 2019 on Approval of the Rule of Phytosanitary Border‑Quarantine and Veterinary Border-Quarantine Control and Resolution No. 430 on Models of Veterinary Certificates of Products Subject to Veterinary Control, Intended for Export incorporate some OIE norms. Other resolutions or rules as they relate to certificates, quarantine, or inspection at the border are outlined in Table 3.11 (a more comprehensive list of all recent SPS legislation is found in Table A3.5). In addition, a number of technical regulations (Section 3.3.2) have been issued that require certificates, inspection, or additional import procedures for products that may contain certain pests, diseases, contaminants, or residues.[262]

3.142.  The National Food Agency (NFA) was established in 2010 and is a Legal Entity of Public Law under the MEPA. The NFA has been designated as the main agency of the Government in the field of food/feed safety, and veterinary and plant protection in the territory of Georgia. Some of its key roles are to provide food/feed safety and quality assurance; carry out official controls of food safety/hygiene, veterinary-sanitary, and phytosanitary requirements; register pesticides, agrochemicals, and veterinary drugs; and conduct risk management. The purpose of state oversight is to protect human life and the health of consumers through inspection, supervision, monitoring, and sampling. A significant part of the NFA's work is in domestic inspection activities, including both planned and unscheduled/surprise inspections. The NFA has seen a significant increase in its work and activities in recent years as it implements the DCFTA, especially in the scale of control operations as the number of inspections has substantially increased and the number of registered food business operators has also grown. Veterinary medicinal products and agrochemicals are subject to state registration by the NFA prior to import. Prior to being placed on the market, agrochemicals and pesticides should be listed in the catalogue of authorized products

3.143.  At the border, Georgia requires certain control procedures for veterinary products, phytosanitary products, and food of non-animal origin; these border measures fall under the responsibility of the Revenue Service but also require a level of cooperation and coordination with the NFA, in particular with respect to the exchange of information and for monitoring programmes. The Revenue Service is responsible for border control over food/feed safety, veterinary border control, and phytosanitary border control. A number of laws and resolutions provide the rules and procedures for these controls by the Revenue Service. While the Law on Food/Feed Safety, Veterinary and Plant Protection Code provides the overall framework, the most pertinent rules are in Resolution No. 463 of 20 September 2019 on Approval of the Rule of Phytosanitary Border‑Quarantine and Veterinary Border-Quarantine Control.[263] This new law replaced a similar resolution with the same name that was in force for most of the review period, i.e. until 2019.[264] The new resolution was put in place solely to accommodate the reference to the Customs Code when it was enacted and not the Tax Code as it was previously; otherwise there were no changes.[265]

3.144.  Resolution No. 463 is divided in two sections and contains specific rules for phytosanitary border-quarantine control and for veterinary border-quarantine control. Both sections have annexes that delineate which products (by HS code or heading) they apply to. For phytosanitary rules, they mainly apply to certain plants (06), vegetables (07), fruits (08), cereals (10), oilseeds (12), wood (44), and fibres (53); and for veterinary rules, live animals (01), meat (02), fish (03), dairy (04), products of animal origin (05), cereals (10), fodder (12), fats (15), meat preparations (16), forage (23), animal preparations or veterinary drugs (30), and hides, skins and furs (41, 43). Approximately 200 HS subheadings/tariff lines are covered.[266]

3.145.  The Resolution provides that for those phytosanitary and veterinary control products listed, the measures apply to importation, transit, exportation, and re-export of goods. Products of plant origin, which are subject to phytosanitary control, can be imported if accompanied by a phytosanitary certificate[267], advance notice is given, and an inspection process is carried out at the border. Inspection procedures involve a documentary check, identity verification, plant health control, and sampling or laboratory analysis; the latter is done on the basis of risk analysis. Importation of live animals and products of animal origin subject to veterinary control is similar to that for phytosanitary control but is subject to the following criteria: can be exported to Georgia; are produced at an enterprise that has the right to export the goods to Georgia; and are accompanied by a veterinary certificate or a health certificate from the country of origin that corresponds to the respective OIE health codes

3.146.  Furthermore, trade of live animals and products of animal origin from establishments approved by the European Commission do not require a prior examination and audit of the food business operators; however, if the establishments are not listed by the European Commission, the NFA shall carry out an on-site inspection and thus confirm the compliance with the relevant Georgian requirements. Resolution No. 463 also prohibits the importation of certain products on SPS grounds (Table 3.12)

3.147.  Other legislation that imposes inspections or possible restrictions at the border is Resolution No. 567 of 23 December 2016 on Approval of the Rule on Border Control of Food/Animal Feed Safety. The legislation was put in place to ensure food/feed safety of imported products and to combat aflatoxin. It requires inspection, control, or issue of a health certificate for certain products listed in its two annexes Annex 2 is mainly fruits and vegetables of HS Chapters 7, 8, and 12, and Annex 3 is mainly spices, nuts, and nut products of HS Chapters 9, 12, and 20.[268] The Resolution was elaborated in accordance with the EU regulation that contains similar measures, including the provisions in the Annexes. All products must enter Georgia at a border post that has a designated inspection point and then undergo an inspection, both documentary and physical examination with laboratory analysis and/or sampling. For products listed in Annex 3, the importation must also be accompanied by a health certificate issued and certified by the competent authority of the country of origin. Products that fail the inspection are required to be returned, destroyed, or used for other purposes

3.148.  Resolution No. 426 of 31 December 2010 on Approval of the Rules, Conditions, and Forms of Permit Certificates by the NFA also provides rules for certificates on certain products for importation or transit.[269] The import permit is given on the basis of the certificate issued and submitted; the certificate is examined during import procedures. The respective appendixes provide lists of products subject to veterinary control during transit, products subject to veterinary control at importation, and products of plant origin subject to phytosanitary control at importation.[270]

3.149.  The State Laboratory of Agriculture (SLA) operates under the umbrella of the MEPA and is responsible for testing samples provided by the NFA, business operators, and the private sector. The SLA has an international accreditation, i.e. by the GAC in 2017‑18 pursuant to ISO/IEC 17025. Capacity is available for bacteriological analysis, and serological and molecular (PCR) testing and sequencing. In addition, the quality management system ISO 9001:2015 has been introduced and applied

3.150.  Cooperation and partnership initiatives with the European Union increased over the period as Georgia implements the DCFTA. Six EU-Georgia Sanitary and Phytosanitary (SPS) Sub‑Committee meetings dedicated to implementation issues were held. Georgia also benefited from a Twinning Project and numerous technical assistance and capacity-building initiatives, such as EU support to the NFA, including the training of staff

3.151.  Georgia is a member of the three standards-setting bodies recognized by the WTO: the OIE, the Codex Alimentarius Commission, and the IPPC. Georgia is implementing a certification system for seed and planting material pursuant to the international standards of the OECD, ISTA, and EPPO and is publishing a National Catalogue of agricultural crop varieties in Georgia using International Union for the Protection of New Varieties of Plants (UPOV) standards

3.152.  The MEPA has been notified to the WTO as Georgia's National Notification Authority. Pursuant to WTO rules, Georgia also maintains an SPS enquiry point, which is the head of the Food Safety Division at the MEPA.[271] Georgia made only one SPS notification to the WTO SPS Committee during the review period, in 2015, with respect to Living Modified Organisms.[272] The authorities indicate that capacity constraints prevented them from making notifications, and they are actively working to overcome the existing challenges in order to submit information to the WTO

3.153.  According to the WTO's SPS Information Management System, Georgia has not raised any specific trade concerns in the SPS Committee, nor has any other Member raised any concerns against Georgia

3.118.  Georgia is committed to open markets and has acknowledged that technical regulations have a role in promoting free trade. Recent policy initiatives emphasize facilitating export development and promoting integration with international and European markets. Georgia's rules on standards and technical regulations are put in place with the aim of ensuring product safety with uniform and non‑discriminatory treatment. Georgian legislation on TBT follows international best practices and norms, and significant steps have been taken to develop the technical regulation infrastructure and the national system of standardization to the level of the EU acquis

3.119.  Developments during the review period focused on implementing the provisions of the DCFTA in the chapter on Technical Barriers to Trade, Standardization, Metrology, Accreditation and Conformity Assessment, thereby achieving greater integration in the EU market and improving adherence to regional and international standards. At the time of entry into force of the DCFTA, Georgia had already approximated national legislation to 13 EU directives/regulations and, per the terms of the Agreement, committed to approximate the remaining eight directives listed in Annex III-A within eight years. As part of its 2021 Implementation Action Plan for the DCFTA, Georgia planned to: (i) continue the adoption of standards and EU harmonized standards specified in Annex III-A; (ii) start preparatory procedures for approximation of the Measuring Instruments (MID) and Non‑Automatic Weighing Instruments (NAWI) Directives; and (iii) adopt revisions to technical regulations already approximated in Georgia to ensure compatibility with updated or recast EU directives. Work is also underway to elaborate technical regulations on certain medical devices in accordance with EU Regulations.[248] In the medium term, 2021-23, Georgia is expected to adopt seven technical regulations, update the equipment of reference laboratories in metrology, expand international recognition of priority reference laboratories in metrology, introduce a quality management system, establish a risk assessment system for market surveillance, strengthen the capacity for accreditation, and improve recognition of accredited bodies

3.120.  There were not any significant changes to Georgia's main laws or decrees in the TBT domain during the review period. Chapters V (Technical Regulation), VI (Standardization), VII (Uniformity of Measurements), VIII (Conformity Assessment), and IX (Accreditation) of the Law on the Code on Safety and Free Movement of Products have remained without significant changes since the Law's inception in 2012.[249] Resolution No. 50 of 7 March 2013 continues to recognize the technical regulations and conformity assessment procedures of 37 OECD member States listed in its Annex.[250] As such, Georgia recognizes conformity, i.e. the assessment of the accredited conformity assessment bodies in those countries, and allows the importation of goods with the documentation and requisite marking to be freely circulated in Georgia. Another Decree has accepted the WTO TBT Agreement's Code of Good Practice (Table 3.8)

3.121.  The Georgian National Agency for Standards and Metrology (GEOSTM) of the MESD is the principal agency tasked with oversight of standardization and metrology. Its main tasks include maintaining a register of standards and ensuring their availability; developing and maintaining a measuring standards base and ensuring traceability and type approval or recognition of type approval for measuring instruments; ensuring the exchange of information on standards and technical regulations registered in Georgia with relevant international organizations; and representing Georgia in international and regional organizations

3.122.  During the review period, GEOSTM established an electronic platform (sst.geostm.gov.ge), which was created in 2020, to increase access to Georgian standards and simplify the existing procedures, including the purchase of Georgian standards in electronic format. There were several other developments during the period, such as the establishment of an 8th Standardization Technical Committee (TC) for Standardization "Road Traffic Safety" in 2020 by GEOSTM. The main role of TCs is to review drafts of Georgian standards in their areas of responsibility. The TCs shall not consider the development of a Georgian standard in the case of either of the following two conditions: (i) in a field where there is an international standard; or (ii) in a field where there is not a high demand for a standard. A standard registered by GEOSTM may be adopted on the basis of an international regional standard; it may also be a Georgian standard developed according to defined rules. Standards are voluntary, although some Georgian technical regulations may contain a specific reference to the standard(s) that must be followed. On the other hand, mandatory technical regulations are adopted only by law or by a resolution of the Government through a policy initiative from the various Ministries concerned.[251] In order to have a recognized standard in Georgia, a draft standard can be developed by any interested person. They must apply to GEOSTM with the justification of significant demand for the standard unless the standard is intended to meet the requirements of a technical regulation. Thereafter, GEOSTM would need to agree to consider the issue by the relevant TC, which would decide by consensus on the appropriateness of the standard

3.123.  As of 2020, 18,500 standards were adopted as Georgian standards. Of these standards, 36.79% are international, 63.08% European (including harmonized standards), and 0.13% national (Table 3.9). There was a trend towards adopting more European standards in lieu of international standards in recent years as Georgia proceeded with DCFTA implementation

3.124.  Also, during the reporting period, 22 technical regulations were adopted and notified to the WTO TBT Committee. Nearly all of these regulations were adopted in the framework of the DCFTA and are approximated with the EU regulations or the requirements of the directives, i.e. the horizontal or sectoral directives. Many of the priority directives for earlier implementation contain elements that potentially impact trade insofar as there are specific provisions on importation/exportation for the products concerned; however, Resolution No. 50 on recognition of other countries' conformity is in support of trade facilitation. Recent examples of TBT notifications are related to PPE

3.125.  In terms of metrology, Georgia is in the process of undergoing reforms. One element is the work being undertaken to further develop national reference laboratories.[252] With two other South Caucasus countries, Georgia is participating in a regional project to strengthen metrology and its quality infrastructure. The modernization of the GEOSTM measurement standards base and procurement of new metrology equipment have been undertaken within the framework of the EU Comprehensive Institution Building (CIB) Program. As of 2020, the GEOSTM Metrology Institute had published and recognized 61 Calibration and Measurement Capabilities (CMC) entries/lines in the internationally recognized measurement fields of metrology: temperature, small volume, pressure, electrical measurements, and length

3.126.  In spite of limitations and challenges caused by the COVID‑19 pandemic, Georgia's progress in the metrology field, such as a significant extension of international recognition of metrological services, was comprehensively explored and used by customers not only in Georgia but at the regional level, particularly before the pandemic. During 2018-20, GEOSTM provided calibration services on a regular basis to clients from Azerbaijan and Armenia in fields such as temperature, mass, humidity, small volume, pressure, and length

3.127.  In 2020, equipment for liquid density and infrared calibration, so-called non-contact thermometry, was delivered in the framework of the Physikalisch-Technische Bundesanstalt (PTB) regional project. This will allow GEOSTM to introduce new and higher demand services in the field of calibration of density meters, as well as infrared thermometers

3.128.  Accreditation and conformity assessment in Georgia is under the responsibility of the Unified National Accreditation Body, more commonly known as the Georgian Accreditation Center (GAC), whose main work involves accrediting conformity assessment bodies. Since 2012, when the Code on Safety and Free Movement of Products was adopted, accreditations have been performed according to the Accreditation Rules and Procedures approved by the General Director of the GAC in accordance with the Code.[253] The Accreditation Rules and Procedures contain 10 parts.[254] An Accreditation Board is also established by the Code and by Order N1-1/403 of the Minister of Economy and Sustainable Development.[255] It develops and submits recommendations on issues related to accreditation policy, initiates proposals related to the functioning of the accreditation system, and represents the interests of relevant parties in the accreditation process

3.129.  Before the latest changes, which were carried out in April 2020, the Rules and Procedures were modified two times, in 2018 and 2019, in order to incorporate modifications of international standard ISO/IEC 17011:2004. In 2017, a new version, ISO/IEC 17011:2017, entered into force, and the GAC, as a signatory to the Bilateral Recognition Agreement (BLA) with the European co‑operation for Accreditation (EA), was obliged to amend existing rules and procedures accordingly. It is noted that peer-evaluation by EA evaluators was carried out in 2015 with full evaluation in November 2016. As a result of a positive evaluation in April 2017, the EA Multilateral Agreement Council (MAC) decided to sign a Bilateral Recognition Agreement (EA BLA) with the GAC. The Agreement extends the scope of the GAC to Testing and Calibration (ISO/IEC 17025), Product Certification (ISO/IEC 17065), Certification of Personnel (ISO/IEC 17024), and Inspection (ISO/IEC 17020). Later, in 2019, the EA BLA was extended to cover medical examination (ISO 15189). The latest changes in the Accreditation Rules and Procedures were made in 2020 in order to further align documentation to ISO/IEC 17011:2017. Thus, the current version of the Accreditation Rules and Procedures are in accordance with the requirements of the standard and relevant normative acts adopted by the EA, the International Laboratory Accreditation Cooperation (ILAC), and the International Accreditation Forum (IAF)

3.130.  The conformity assessment schemes used by the GAC were developed according to EU practices, all of which use relevant international standards. During the review period, there were not any significant changes in the accreditation schemes; there were only consequential changes introduced to adapt to the newer versions of the international standards used for the schemes (e.g. the conformity assessment scheme for testing and calibration laboratories was amended). Currently, the GAC is performing accreditation using the following conformity assessment schemes: scheme for accreditation of testing and calibration laboratories according to ISO/IEC 17025:2017/2018 standard; scheme for accreditation of Medical Laboratories ISO 15189:2012/2015 standard; scheme for accreditation of the Bodies Certifying Products, Processes and Services in accordance with ISO/IEC 17065:2012/2014 standard; scheme for accreditation of Personnel Certification Bodies in Accordance with ISO/IEC 17024:2012/2014 standard; scheme for accreditation of Audit and Management System Certification Bodies in accordance with ISO/IEC 17021-1:2015/2016 standard; scheme for accreditation of inspection bodies in accordance with ISO/IEC 17020:2012/2013; and scheme for accreditation of Proficiency Testing Providers in accordance with ISO/IEC 17043:2010/2016

3.131.  During 2020, 43 accreditation certificates were issued by the GAC: 27 with respect to various inspection authorities, e.g. construction sector; 13 for laboratory examinations; two for product certification bodies; and one for a testing provider.[256] Periodic annual assessments were performed on 209 accredited facilities, mainly inspection bodies and examination laboratories. Also during the review period, accreditation was granted to 25 conformity assessors, partially suspended for 19 others, and fully suspended for another 18

3.132.  Since 2015, Georgia has made 27 notifications to the WTO TBT Committee. Nearly all of these notifications concerned technical regulations pursuant to Articles 2.9 and 2.10 of the TBT Agreement. The notifications concern a wide range of products, such as wastes, buildings, construction, toys, poultry meat, liquid fuel, and medical waste. Another notification, received in 2020 under the provisions of Article 15.2, provides the relevant laws and regulations, transparency measures for publication, and the WTO enquiry point, i.e. GEOSTM, for TBT matters

3.133.  According to the WTO's TBT Information Management System, Georgia has not raised any specific trade concerns in the TBT Committee, nor has any other Member raised any concerns against Georgia

3.134.  Cooperation with the European Union in the field of standardization and metrology was significant during the review period as it proceeds with implementation of the DCFTA. A Twinning Project has been established with the European Union that aims to provide support for the effective and efficient implementation of the DCFTA, in particular the provisions of Chapter 3 (Technical Barriers to Trade).[257] During 2015‑19, the CIB was in place to build capacity through a number of events including training of staff, purchase of equipment, and outreach to business sectors. Support has also been given to GEOSTM to aid in the legal approximation of EU Directives

3.135.  Georgia is a member of the main international and regional standards organizations: International Organization for Standardization (ISO), European Committee for Standardization (CEN), European Committee for Electrotechnical Standardization (CENELEC), International Electro‑technical Committee (IEC), International Organization of Legal Metrology (OIML), International Bureau of Weights and Measures (BIPM), Euro-Asian Cooperation of National Metrological Institutions (COOMET), Inter-Regional Standardization Association (IRSA), and Euro‑Asia Interstate Council for Standardization, Metrology and Certification