3.118.  Guinea is a member of the FAO's International Plant Protection Convention (IPPC) Commission, the World Organisation for Animal Health (OIE) and the FAO/WHO Codex Alimentarius Commission

3.119.  Guinea's institutional framework for sanitary and phytosanitary measures has not changed since its last TPR. It is characterized by a predominance of fragmented regulatory texts that bring various ministries into play without any real coordination. Thus, several ministries, departments and agencies share responsibility for sanitary and phytosanitary controls and environmental protection. These are the Ministry responsible for public health; the Ministries responsible for agriculture and livestock; the Ministry responsible for fishing; the Ministries responsible for trade and industry; and the Ministry responsible for the environment

3.120.  The services involved in the process of adoption of SPS standards are as follows: National Service for the Protection of Plants and Stored Foodstuffs (SNPV‑DS); National Quality Control Office (ONCQ); Guinean Export Promotion Agency (AGUIPEX); National Directorate of Foreign Trade and Competitiveness (DNCEC); National Directorate of Domestic Trade and Competition (DNCIC); National Directorate of Agriculture (DNA); Guinean Institute for Agricultural Research (IRAG); National Directorate of Veterinary Services (DNSV); National Office for the Sanitary Control of Fishery and Aquaculture Products (ONSPA); Boussoura Fisheries Research Centre (CRHB); Guinean Standardization and Metrology Institute (IGNM); National Directorate of Industry (DNI); National Directorate of Public Health (DNHP); National Directorate of Sanitation and the Living Environment (DNACV); Environmental Study and Research Centre (CERE); and Representatives of the private sector and civil society

3.121.  Imports of animal products are controlled by the veterinary services of the Ministry responsible for livestock. The control procedures are carried out at three levels: documentary controls to verify conformity with OIE standards; identity controls, which consist in verifying the correspondence between documents provided and the characteristics of the product imported; and physical controls, which consist in taking samples for analysis in the veterinary laboratory

3.122.  In practice, cattle generally do not enter through the formal channels. In principle, if there are any doubts about an animal, it can be quarantined at the border for up to 40 days. During this time, its state of health is checked and random tests are carried out. If no anomalies are found, the animal is admitted for importation. In the event that a harmful organism is detected, quarantine is automatically longer, with the possibility of disinfection, destruction or change in intended use, which may be recommended as appropriate

3.123.  The introduction into Guinea of plant products, parts of plants, soil, manure, compost and all packaging, vehicles and containers used for transporting them is subject to the production of a phytosanitary certificate issued by the country of origin. Law No. L/92/027/CTRN establishing the phytosanitary control of plants at importation and exportation entrusts this task to the inspectors of the Plant Protection Directorate in the Ministry responsible for agriculture. Within the Directorate, the SNPV‑DS is responsible for controlling plant products at importation, exportation and on local markets.[47]

3.124.  In principle, there are phytosanitary control posts at the ports, international airports and main land frontiers. In principle, products must be checked within a maximum of 72 hours and their perishability must be taken into account. The sample sizes for plant material intended for sowing, planting material (cuttings, rhizomes, tubers, etc.), other plant products transported in sacks or boxes, and fresh fruit are fixed by order of the Minister responsible for agriculture. After sampling, if the results of the analysis reveal an infestation, the products will, as appropriate, be placed in quarantine, disinfected, destroyed, or redirected.[48] Order No. 2008/4361/MA/CAB of 5 November 2008 establishes, for the main crops, a list of harmful organisms necessitating plant quarantine

3.125.  ONSPA is an administrative public establishment endowed with legal personality and financial and administrative autonomy. Created by Decree No. D/2013/N127/PRG/SGG of 25 July 2013, it replaces the Fishery and Aquaculture Product Industry and Quality Assurance Service (SIAQPPA). ONSPA is responsible for the sanitary control of fishery products at landing, importation and exportation and on local markets, including monitoring of the application of the laws and regulations governing the fisheries profession (Section 4.1.3.5).[49] It has a sensory analysis laboratory and concludes protocols of understanding with laboratories specializing in microbiological and chemical analyses (in Guinea, Cte d'Ivoire, Senegal and Mauritania). It is responsible, among other things, for identifying, characterizing and communicating on the health risks for fishery and aquaculture products (in application of HACCP principles) associated with the implementation of good hygiene and manufacturing practices

3.126.  Since its last TPR, Guinea has adopted a number of texts relating to SPS, including: Law No. 2015/026/AN of 14 September 2015 containing the Marine Fisheries Code; Law No. 2015/027/AN of 14 September 2015 containing the Inland Fisheries Code; Law No. 2015/028/AN of 14 September 2015 containing the Aquaculture Code; and Order No. A/2012/7085/PMSGG of 19 July 2012 relating to the vitamin A content of refined vegetable oil

3.127.  In the autonomous Port of Conakry, the control services of the Ministry responsible for the environment are tasked, inter alia, with overseeing compliance with the international conventions which Guinea has ratified. In principle, they control imports and exports of all chemical products and by‑products that could be injurious to human health or the environment. However, in practice, the services of the Ministry of the Environment are encountering serious difficulties in performing this task since some exporters and importers are evading the controls and not voluntarily taking certificates except in an emergency

3.128.  Guinea has no legislation dealing specifically with GMOs

3.129.  Guinea made a total of 18 SPS notifications to the WTO between 2014 and 2016. These notifications relate to one law and four orders (Table 2.1)

3.102.  In Guinea, standardization is governed by Law No. L/93/040/CTRN of 15 October 1993 on standardization and the certification of conformity with standards. There have been no amendments to this law since Guinea's last TPR in 2011. Under this law, the Guinean Standardization and Metrology Institute (IGNM) is responsible for coordinating the drafting of Guinean standards in all sectors of the economy. As a scientific and technical public establishment, it is under the supervision of the Ministry responsible for industry. Decree No. 105/PRG/SGG/89 of 20 May 1989 defines the composition and functions of the IGNM

3.103.  In addition to performing its main role in the drafting of standards, the IGNM disseminates existing standards among users at national level; surveys standardization requirements and sets up standardization programmes; acquaints businesses with methods of quality control; manages the system of certification of conformity with standards by issuing certificates and administering a national quality mark (NG); promotes national standards on Guinean territory; evaluates, calibrates and checks measuring instruments used in trade, industry and laboratories; and participates in metrological and standardization work at regional and international levels.[38]

3.104.  The initiative in the drafting of a standard may come from any interested resident (natural or legal person). The proposal may relate to a new standard or the adoption of an international standard or its conversion into a national standard. Six technical commissions have been set up for this purpose, each within its sphere of competence, namely: building and civil engineering; fisheries; the agri‑food industry; tourism and the hotel trade; electrical engineering; and chemistry, textiles and the environment. The process of adoption of a standard comprises several stages. Firstly, the IGNM, on the advice of the competent technical commission, adopts or rejects the initiative, depending on its importance for the national economy, health and safety or sales. Then draft standards are drawn up by the competent technical commissions and submitted to a public inquiry (involving government agencies, importers, producers, etc.) over a period of two to three months to ensure their conformity with the public interest. Foreign players residing in Guinea are also consulted. All the comments received are compiled and distributed within the technical commission concerned for appraisal and amendment with a view to the preparation of a final draft. Once the final draft has been approved by the commission, it is made available to the IGNM and the standard is published as adopted

3.105.  Standards are approved by order of the Minister responsible for industry, after consulting the Ministers responsible for the sectors concerned. Approval renders the application of the standard mandatory (technical regulation) for all the public and private economic operators concerned

3.106.  Standards may be revised in accordance with the procedures applied for drafting and approving them. In the event of problems with the application of approved standards, the Minister responsible for industry may grant waivers after consulting the Ministers whose services are concerned. However, requests for waivers must be based on good grounds. The waivers may relate either to the mandatory nature of the standard or to the implementation period. However, such waivers may not be granted where there is a risk of their being prejudicial to the public interest

3.107.  At present, the IGNM has more than 600 Guinean standards (including technical regulations) mainly in the agri‑food; cement; wood; fishing; building; textile chemistry; environment; and electromechanical sectors. In December 2017, Guinea had approved standards (technical regulations) in the agri‑food industries (40, of which 39 in 2015), the building material industries (cement, wood, sheet metal roofing[39]), and chemistry (paints and varnishes)[40], as well as six relating to environmental protection.[41] At the end of 2017 an order was being drawn up with a view to approving eight standards relating to chemical products (cosmetic and personal hygiene products and bleach). According to the authorities, Guinea's standards and technical regulations do not make any distinction between imported and domestically manufactured products

3.108.  There are several bodies responsible for quality control, depending on the area concerned (Section 3.3.3). Thus, the task of the National Quality Control Office (ONCQ) is to control the application of the regulations relating to the quality of consumer goods in Guinea, including with regard to packaging, labelling and marking. As a scientific and technical public establishment, the ONCQ comes under the supervision of the Ministry of Trade, Industry and SMEs.[42] The ONCQ is responsible for controlling the hygienic and normal commercial quality of, among other things, plant, animal and fishery products, cosmetics, medicines, soap and paint, at importation and exportation and on local markets. It has an analytical laboratory at its disposal

3.109.  At importation, the inspectors are supposed to carry out three types of control: documentary controls (certificate of origin, quality certificate and fumigation certificate); identity controls to verify the correspondence between the documents provided and the characteristics of the product imported; and physical controls based on inspection of the means and conditions of transport of the product, verification of the appearance of the product and its labelling and the taking of samples for analysis

3.110.  Following inspection, entry into the national territory may be authorized if the product conforms to the standards and regulations in force. The inspector may authorize entry under certain conditions (for example, phytosanitary treatment), reject the product or seize and destroy it, if tainted or toxic

3.111.  The main products subject to export controls are coffee, cocoa, cashew nuts, palm oil, mangoes and bananas. At exportation, the quality control certificate is issued by AGUIPEX

3.112.  Conformity is certified by the IGNM and approved by applying the national conformity mark NG. In return, the IGNM collects fees, the amount of which is determined by the Finance Law. In practice, since Guinea's last TPR, the IGNM has carried out controls and issued certificates of conformity only for food products, in particular, alcoholic and non‑alcoholic beverages, wheat flour and vegetable oils, in addition to the cement conformity controls previously carried out. The certificate is required at importation for clearing these products. The quality controls for the other products subject to technical regulations are contracted out to various approved Guinean laboratories

3.113.  Order No. 798/MCIPME/CAB/SGG of 3 February 2010 establishes the ONCQ's tariffs for 24 imported products (Table 3.6), for inspections carried out, depending on the mode of transport or warehouse, analyses of local production, and analyses of Guinean products at exportation

3.114.  Depending on the mode of transport, the tariffs for inspections are GNF 4,500 for ships, GNF2,000 for trains, GNF 500 for lorries and GNF 250 for storage and/or sales warehouses. For exports, the preliminary field‑side verification tariff is GNF 200. Tariffs for verifying the quality of goods leaving the national territory have been fixed for the following products (Table 3.7):

3.115.  Guinea is not a signatory to any mutual recognition agreement (MRA). However, a cooperation agreement between the IGNM and the Turkish Standards Institute (TSE) was signed in March 1998. The IGNM has been notified to the WTO as the national enquiry point for all questions relating to technical barriers to trade (TBT).[43] A single notification was made to the WTO in November 2014 concerning the technical regulations in force.[44] It relates to cements and states the conditions for possible specific controls of their particular characteristics (safety of the structure, in particular of large‑scale works such as hydroelectric dams).[45]

3.116.  The Guinean technical regulations on packaging, labelling and marking cover, among other things, green coffee, "cement, ordinary or for tropical use" (packaging and marking); and pesticides, food additives sold as such and health foods (labelling). The labelling of pesticides must display, in French, information concerning, among other things, the nature of the product and its mode of action, the precise identity and the authorization number of its manufacturer, the uses for which the product is approved and the instructions for use.[46]

3.117.  Specific aspects concerning packaging, labelling and marking are defined in the 39 standards in the agri‑food area approved in 2015. The products concerned and the product references are indicated in Table 3.8