3.117.  The 2001 Economic Agreement between the GCC member States contains no specific provisions on SPS measures. However, Article 1(iv) of the Agreement and Article II.2(e) of the Implementation Procedures reiterate the principle that the free movement of goods within the GCC member States is subject to the right of GCC members to maintain veterinary and agricultural quarantine regulations. Article II.2 of the Implementation Procedures provides that within the GCC territory, all customs duties, taxes, and other restrictions on trade in goods are to be abolished, and that goods of other member States shall enjoy free movement, while taking into consideration the implementation of regulations concerning veterinary and agricultural quarantine regulations and prohibited and restricted goods.[175]

3.118.  The SFDA is the national notification authority and enquiry point for SPS matters in the WTO.[176] The SFDA is the competent authority for food and feedstuffs (including animal products for human consumption, e.g. meat and poultry meat), medicine, and medical devices, and the Ministry of Environment, Water and Agriculture for live animals, plants, and plant products

3.119.  Between 1 January 2016 and 31 December 2019, Saudi Arabia made 224 notifications to the WTO (167 in 2012-15). In the first nine months of 2020, it submitted 20 notifications. In addition, the authorities submitted several addenda during the review period, providing additional information on previously notified SPS measures. Since the last Review, concerns relating to Saudi Arabia's ban on the importation of shrimp[177], fish, crustaceans, and other aquatic animal products have been discussed in the SPS Committee.[178] Table 3.9 shows products and countries affected by SPS measures during 2016-20

3.120.  Saudi Arabia is a member of the World Organisation for Animal Health (OIE) and the Codex Alimentarius Commission, and a contracting party to the International Plant Protection Convention. Regarding animals, plants, and their products, SPS measures are harmonized at the GCC level under the Veterinary Quarantine Law and the Plant Quarantine Law, and the corresponding Executive Regulations provide details of their implementation in Saudi Arabia. Saudi Arabia maintains bilateral arrangements on SPS matters with Argentina, Belgium, Brazil, Canada, Denmark, Djibouti, Ethiopia, France, Hungary, India, Ireland, Italy, Japan, Kenya, the Netherlands, New Zealand, Pakistan, Portugal, the Russian Federation, Spain, Sudan, Turkey, Ukraine, the United Arab Emirates, the United Kingdom, the United States, and Uruguay

3.121.  All food, including imported food, must comply with the general requirement outlined in the Food Law[179] and specific standard requirements depending on the product.[180]

3.122.  All imports of live animals and biological preparations from anywhere outside the GCC territory require import permits from the Ministry of Environment, Water and Agriculture

3.123.  All imports of live animals from non-GCC member States must be quarantined at the point of entry for a period of 21 to 30 days, depending on the diseases and exporting countries in question. Imported animals for slaughter or breeding may be transported to their final destinations if all documentation conditions are met and there is no suspicion of an epizootic or contagious disease. Imported sperm for industrial insemination and foetuses, and hen eggs for hatching, are also allowed, subject to sampling and testing

3.124.  In addition to obtaining a commercial registration (Section 3.1.1), food importers must register with the SFDA and specify the food items that they import. All imports of food and animal products for human consumption are subject to import permits issued by the SFDA. For imports of meat and poultry meat, a Halal Certificate and an Islamic slaughter certificate are required for each consignment, in addition to other documentation generally required for customs clearance

3.125.  Imports of meat and poultry meat must be sourced only from the establishments on the list maintained by the SFDA. This list can be consulted by sector or by country. Establishments that wish to supply meat and poultry meat to Saudi Arabia must apply for approval from the SFDA; the approval process involves an evaluation including an on-site audit by the SFDA. If the evaluation outcome is satisfactory, the SFDA grants an approval certificate to the establishment in question. Since 9 March 2014, the SFDA has delegated to the competent authority of the exporting country to approve establishments on the list, provided that the competent authority of the exporting country signs bilateral minutes with the SFDA and assures compliance with the GSO standards

3.126.  Regarding the maximum residue levels (MRLs) of pesticides, Saudi Arabia adopted the GCC standards of MRLs. If an MRL does not exist, a reference must be made to the Codex Alimentarius standard; if an MRL is not indicated in the Saudi/GCC/Codex standards, a reference may be made to the EU or the US standard, whichever is lower

3.127.  All imports of food are subject to risk-based inspection at the border inspection posts. The inspection involves documentary, identity, and physical checks. If imported goods need to be sampled, the imported food may be referred to an authorized laboratory for additional tests; under this scenario, the import will be held indefinitely until the final decision is taken. The authorities indicate that, in the case of compliance, imported food is usually cleared by Saudi Customs within two hours

3.128.  The GCC Rapid Alert System for Food (GRASF) operates to allow food and feed authorities of GCC member States to exchange information on existing direct or indirect risks to consumers' health.[181] According to the authorities, the GRASF functions in a similar way to the European Union's Rapid Alert System for Food and Feed

3.129.  Under the GCC Plant Quarantine Law and its Executive Regulations in Saudi Arabia, phytosanitary requirements are applied to plants, plant products, beneficial organisms, and regulated articles. All plants or plant products contaminated with pests listed in the "approved united pest list of the GCC" are prohibited from importation. The list is published on the Ministry of Environment, Water and Agriculture portal[182], and the Ministry has the authority to amend the list. In addition, all types of palm trees and their derivatives (except dates), plants, and products of anaesthetic or poisonous types[183] are prohibited from importation. Furthermore, natural soil and natural organic fertilizers may not be imported.[184]

3.130.  Importers of plants and plant products are required to apply for import permits issued by the Ministry of Environment, Water and Agriculture.[185] In order to apply for an import permit, importers must provide a phytosanitary certificate, as well as a country of origin certificate issued by the exporting country. Usually, it can take up to three working days to process the request and issue an import permit. The authorities indicate that no applications for import permits were rejected if all requirements were met

3.131.  All imports of plants and their products must be inspected at the point of entry into Saudi Arabia.[186] There are no inspection fees or other treatment fees imposed on imports of plants and plant products, although the Executive Regulations of the GCC Plant Quarantine Law provide for the possibility of such fees. Samples may be taken from suspected consignments and delivered to a laboratory for further testing. In practice, it takes two to seven days to complete a lab test, the cost of which is borne by the authorities or by the importer, based on the imported plant species. Depending on the test result, the imports may be subject to quarantine treatments, re‑export, or destruction

3.132.  The Department for Organic Agriculture, under the Ministry of Environment, Water and Agriculture, maintains and regularly updates a positive list of inputs and their characteristics (including fertilizers, soil conditioner, plant protection materials, and food additives) that are in compliance with the Organic Agriculture Act.[187] Agricultural products (including fresh and processed products and agricultural production inputs for organic farming activities) that comply with the Saudi organic farming law may be marketed as "organic", using a Saudi national logo for organic agricultural products or for organic production inputs. Producers of organic products are subject to compliance checks at least annually; the checks are carried out by private bodies designated by the Department. Organic producers may face removal from the authorization list if severe infringement is found during the check. According to the authorities, imported products may also be marketed as "organic" only when they meet the requirements of the law and are approved by the Department

3.133.  It is permissible to trade in genetically modified (GM) foods of plant origin, only if the requirements laid down in the relevant national standards and regulations are met, which include, but are not limited to, the following: the presence of an official attestation, along with the product certifying that the product is produced and consumed in the country of origin; no reported adverse effects on human or animal or environment health; and a declaration on the label that the product is genetically modified

3.134.  Saudi Arabia prohibits trading with GM foods of animal origin, which are obtained by means of biotechnology

3.135.  Under the Council of Ministers Decree No. 7/5/2911 dated 16/1/1425H (7 March 2004), genetically modified dates, seeds, seedlings, and ornamental plants are banned from importation

3.100.  Although the 2001 Economic Agreement between the GCC member States contains no specific provision on technical barriers to trade, Article 5.4 provides that GCC member States will adopt unified standards and specifications for all products according to the Charter of the GCC Standardization Organization. Article X of the Implementation Procedures provides that GCC member States shall mutually recognize national specifications and standards until the GCC has created unified standards for all national and imported commodities.[167]

3.101.  Saudi Arabia's relevant legislation, notably the Technical Regulation, can be found on the SASO's website, the national notification authority and enquiry point for TBT matters.[168] The SASO, under the Ministry of Commerce, is the main agency responsible for developing national standards, quality control and assurance, conformity assessment, and certification. In 2019, the Saudi Accreditation Center (SAC) was created as the national accreditation body. It is an independent public entity, under the supervision of Ministry of Commerce.[169]

3.102.  The SAC's main functions are to: (i) ensure the technical competency of Saudi conformity assessment bodies (CABs); (ii) ensure consumer protection and maintain public health and safety; (iii) build confidence in the services of CABs; (iv) enhance participation of the private sector in providing CABs; (v) raise the level of quality and conformity of product and services by increasing confidence in tests and inspection and calibration certificates; and (vi) give confidence in certificates issued by peer accreditation bodies, through International Laboratory Accreditation Cooperation Mutual-Recognition Agreements (ILAC-MRAs)

3.103.  The SAC also accredits CABs, such as testing laboratories and product certification bodies, to internationally recognized standards. Over 100 CABs, mainly for testing, calibration, and inspection, have been accredited by the SAC since 2019. The SAC offers the following accreditation and recognition programs: management systems certification bodies; product, process, and service certification bodies; inspection bodies; bodies performing the certification of persons, testing, and calibration laboratories; and proficiency testing providers. According to the authorities, Saudi Arabia's accreditation process conforms with international standards and requirements. The SAC is member of several international organizations such as the ILAC and the Arab Accreditation Cooperation and has already started the process of peer-evaluation in order to sign an ILAC-MRA.[170]

3.104.  The SASO adopted ISO/IEC 17065 as a model for assessing the conformity of products and services. The SASO made Saber, an electronic platform, available to all economic operators importing products to Saudi Arabia.[171] In addition, users can write to an email address with questions regarding Saber. The Saber platform will be connected to the customs platform in order to facilitate the recording of customs operations

3.105.  The SASO has issued more than 30,000 standards to date, the majority of which were adopted from international standards. The SASO notified 211 technical regulations and conformity assessment procedures to the WTO between 1 January 2016 and 31 December 2019 (640 in 2012‑15). In the first nine months of 2020, Saudi Arabia submitted 27 notifications. The notifications cover, inter alia, animal and food products, tyres, electric and electronic equipment, and plastic products. The notifications normally specify a comment period of at least 60 days and a proposed date of adoption. The authorities also submitted a number of addenda, providing additional information on the adoption, entry into force, extension of the comment period, and contents of the final text of previously notified TBT measures

3.106.  The SASO, in coordination with the SCA, adopted and validated a procedure for the random verification of the conformity of documents and products based on TBT/WTO directives and risk assessment. Regarding random product controls at Saudi Customs, and if there is an obligation to carry out product tests, the SASO in coordination with the SCA adopted a simplified procedure to facilitate product transits. The SASO provides laboratories, Saudi Customs, and the Ministry of Commerce with an electronic platform dedicated to the verification of product analysis reports and decision-making concerning products' compliance with the SASO and Saudi Customs

3.107.  Any interested party (i.e. the public sector, the private sector, academia, and members of the public) may submit proposals for national standards to the SASO. All draft standards, technical regulations, and conformity assessments are available on the SASO website for public comment for at least 60 days. After the SASO Board of Directors approves a proposed standard, there is usually a period of six months between final publication and entry into force. Technical committees make recommendations to the SASO Board of Directors on whether a standard should be voluntary or mandatory. According to the authorities, the criteria for adopting a standard as mandatory are based on the fulfilment of legitimate objectives, such as protection of health, safety, national security, Islamic law, and the environment

3.108.  Currently, there are 32 technical regulations in force, of which two Gulf Technical Regulations were adopted during 2016-20.[172] Table A3.2 lists the products affected by standards and technical regulations during 2016-20

3.109.  Since Saudi Arabia's last Review, some WTO Members in the TBT Committee expressed concerns about technical regulations on animal products, motor vehicles, vehicle tyres, toys, energy drinks, the sugar limit on food products, electrical and electronic equipment, and plastic products.[173]

3.110.  Technical regulations require the SASO to consider relevant international standards as a basis for preparing national standards and technical regulations unless the international standards are ineffective (due to a climate or geographical factor, for instance) or inappropriate to achieve the intended, legitimate objectives (e.g. inconsistency with Islamic law). Technical regulations adopted by the SASO require the application of standards in all matters concerning technical requirements, national standards (which are mainly transposed from international standards), or regional Gulf Standards Organization (GSO) standards (which are mainly transposed from international standards). As at end-June 2020, there were 2,223 national standards in force. According to the authorities, 75% of Saudi standards were aligned with international standards, and 10% were developed/modified to suit specific situations in Saudi Arabia

3.111.  The GSO is mandated to establish and harmonize standards and technical regulations within the GCC member States. GCC-wide standards may be proposed/initiated by a representing body in a member State and are prepared by the technical committees of the GSO. In general, GSO standards are based on international standards. Once a GSO standard is approved, each GCC member State may transpose it into a national standard through domestic legal procedures. According to the authorities, Saudi Arabia develops standards and technical regulations at the national level only when there is a pressing need

3.112.  According to the authorities, at end-2019, 89% of Saudi standards in force had been adopted from GCC standards

3.113.  Regarding medical devices/products, the Medical Device Interim Regulation is applied to manufacturers, authorized representatives of overseas manufacturers, importers, and distributors. It covers all medical devices and their accessories, contact lenses, and laser surgical equipment for cosmetic rather than medical purposes and its accessories. Distributors, importers, and authorized representatives of medical devices must obtain a licence issued by the SFDA; medical devices must obtain SFDA authorization before entering the market

3.114.  Products subject to technical regulations must comply with the relevant regulations before they are placed on the market. The SASO may grant a certificate of conformity, or, for products that comply with standards and technical requirements, a licence to use the quality mark. The quality mark scheme is voluntary, and available for goods either domestically produced or imported

3.115.  In order to export to Saudi Arabia, all consignments of imported goods and commodities must be accompanied by a certificate of conformity, to facilitate the clearance of consignments through customs. Saudi Arabia recognizes the certification bodies accredited by the International Accreditation Forum, and accepts the certificates issued by these certification bodies, as long as these bodies are notified to the SASO

3.116.  Labels must be in Arabic in addition to any other language. A small number of products with English-only labels may be approved, on a case-by-case basis, for marketing test purposes. As an Islamic country, Saudi Arabia has strict marking and labelling requirements for meat and poultry products, including that the product was slaughtered in accordance with Islamic halal procedures. The most important specifications related to the labelling of food are: SFDA.FD/GSO 9, "Labelling of Pre-packaged Foods"; SFDA.FD 2333, "Food Requirements with Health and Nutrition Claims"; and SFDA.FD 2233, "Nutritional Data Requirements on the Card". Labelling information on pharmaceutical, cosmetic, and personal care products are required to appear on the outer pack for each product marketed in Saudi Arabia.[174]