3.117.  The Moroccan Standards Institute (IMANOR) is the only body authorized to develop national standards; it is also the enquiry point for WTO TBT matters. Moroccan standards are defined by technical standards commissions (CTNs)[168] in a process comprising seven steps: (i) proposal stage; (ii) enrolment in the annual standardization programme; (iii) drafting stage; (iv) commission stage; (v) investigation stage; (vi) approval stage; and (vii) publishing stage.[169]

3.118.  According to the authorities, Moroccan standards and technical regulations are based on international standards, including those of the International Organization for Standardization (ISO) (to which Morocco belongs) and the Codex Alimentarius, as well as on European standards. Morocco has some 17,400 approved standards. Compliance is mandatory in the clauses, criteria and specifications for procurement by the State, local authorities and public institutions, as well as companies holding concessions for public services or services subsidized by the State. Standards may be converted into technical regulations by means of ministerial orders, including for reasons such as health and safety. Any approved Moroccan standard can be made mandatory if such a measure is deemed necessary.[170]

3.119.  According to the Court of Auditors, as part of an overall assessment of national quality infrastructure, "the lack of statutory provisions requiring certification in certain areas, particularly for high-risk products and activities, government procurement and the skills of people working in specialized trades, does not favour the development of certification at the national level".[171] The authorities state that government procurement requires that products comply with Moroccan standards, but stops short of requiring, or at least promoting, certification as evidence of compliance. Certification produced in accordance with Moroccan standards is not requested as proof of compliance with the standards for the technical regulation of industrial products.[172]

3.120.  However, as noted by independent experts, alignment with international standards provides Moroccan companies with better market access opportunities, even though it initially entails a high fixed cost. Furthermore, this enables companies to benefit from economies of scale and prevents the spread of sub-standard products in the local market.[173]

3.121.  IMANOR is also in charge of preparing, at the request of interested parties, normative documents (DCNs) other than Moroccan standards, such as good manufacturing practices, usage and user guides, and fact sheets, as well as certification reference documents, including for services.[174] The preparation and technical validation of DCNs follows the same procedure prescribed for the preparation of Moroccan standards.[175] DCNs can be adapted from equivalent international or regional documents. Currently, 193 DCNs are in force

3.122.  Moroccan standards are periodically reviewed with a view to their confirmation, revision or revocation, at intervals not exceeding five years. Requests to amend, revise or revoke standards require the approval of the CTN concerned.[176] The annual rate of amendment/revision or of revocation is 62%

3.123.  The "NM" mark indicates the conformity of a product or service with the corresponding Moroccan standards. IMANOR owns this mark, as well as the certification body. To be eligible for an NM mark, an application must be made to the Institute, which examines the technical documents. After granting the right to use the NM mark, IMANOR monitors holders' compliance with the rules governing the mark. It manages the NM mark in accordance with international and European references that cover product certification bodies, particularly in terms of impartiality and competence

3.124.  Since 2010, the National Food Safety Board (ONSSA)[177] has performed all functions related to the protection of consumer health, the protection of animal and plant health, and the control of food and animal feed, and it has a number of responsibilities relating to environmental protection. It is also responsible for controlling and approving agricultural inputs (seeds, pesticides, fertilizer), as well as veterinary medicines. ONSSA is the SPS enquiry point in Morocco and the official authority responsible for SPS notifications to the WTO. The Board represents Morocco in the SPS/TBT committees in the context of the AfCFTA and the Greater Arab Free Trade Area (GAFTA)

3.125.  ONSSA has the authority to conduct inquiries and investigations, including police investigations, to identify infringements related to food safety, animal and plant health and SPS border controls, and in relation to combating food fraud

3.126.  According to the authorities, the main role of the Board is to provide support for the strategic approaches set out in the Green Morocco Plan 2009‑19, then by Generation Green 2020‑30, with a view to transforming the agri-food system in terms of sustainability, eco-efficiency, resilience and quality to ensure food safety and thus contribute to the sustainability of the country's food security (Section 4.1)

3.127.  During the 2016‑23 period, ONSSA drew up approximately 860 regulatory texts, including 6 laws, 27 decrees and 829 orders.[178]

3.128.  Morocco is a party to the International Plant Protection Convention (IPPC), and a member of the World Organisation for Animal Health (WOAH), the Codex Alimentarius Commission, the European and Mediterranean Plant Protection Organization (EPPO), the Near East Plant Protection Organization (NEPPO) and the International Union for the Protection of New Varieties of Plants (UPOV). ONSSA is the national contact point for these international organizations

3.129.  In February 2021, Morocco joined the African Organisation for Standardisation (ARSO), which is responsible for harmonizing African standards and conformity assessment procedures to reduce technical barriers to trade and promote intra‑African trade.[179]

3.130.  According to ONSSA, SPS and environmental import measures are primarily based on the standards, guidelines or recommendations produced by the Codex Alimentarius, the WOAH and the IPPC. These measures are regularly notified to the WTO SPS Committee and published on the ONSSA website.[180]

3.131.  The Food Safety Law specifies that the importer must ensure that food products, including plants and plant products: (i) are from a country, zone or region not subject to any sanitary or phytosanitary restrictions; (ii) meet the hygiene and health requirements laid down by the regulations in effect; (iii) come from a facility or company that has an HACCP self-control or other equivalent system in place; and (iv) are accompanied by the documents or other certificates required by special regulations for the products being imported, issued by the authorities in the country of export and certifying in particular that the products comply with existing laws and entail no risk for human life or health.[181]

3.132.  Since June 2022, Morocco has required a health document for the import of plants and plant products and food products that are not subject to mandatory veterinary certification.[182]

3.133.  The import of animals, animal reproduction products, animal feed and marine and freshwater products, except those in international transit that are not unloaded, is subject to sanitary inspection at the expense of the importer, conducted by the ONSSA veterinary services at customs inspection posts through which imports are entered. Following this inspection, and when the outcome of inspection is favourable, a veterinary sanitary certificate, which is mandatory for customs clearance, is issued.[183] For live animals and animal reproduction products to be placed in quarantine, a sanitary permit is given. Sanitary inspection is systematic for all such imports, which must also be accompanied by sanitary documents issued by the country of origin and, where applicable, by the countries of transit. A sanitary certificate issued by the border post in the country of origin is also required for animals.[184]

3.134.  Phytosanitary import measures are governed by Law No. 76‑17 on plant protection, enacted by Dahir No. 1‑21‑66 of 14 July 2021, and various regulatory orders.[185] This legislation defines phytosanitary requirements and the phytosanitary inspection process for imports at cross-border posts. It also specifies quarantine pests and the management measures adopted to prevent their introduction into Morocco. The country is in the process of updating its phytosanitary legal framework to strengthen the national phytosanitary surveillance and control mechanism.[186]

3.135.  The import of plants and plant products is subject to phytosanitary and technical inspection, conducted by the ONSSA plant protection services, and it must comply with the phytosanitary and technical regulations in force. The import and marketing of seeds and seedlings requires prior authorization from the Ministry responsible for agriculture. Order No. 966‑93 of 20 April 1993 sets the conditions for the import and marketing of seeds for cultivation in Morocco (Box 3.3). Source: ONSSA. Viewed at: www.onssa.gov.ma

3.136.  The export of seeds and plants is subject to the issuance of a phytosanitary export certificate by ONSSA that indicates the phytosanitary requirements of the country of destination

3.137.  The import of 10 product groups (agricultural and veterinary inputs) is subject to prior import authorization, or to approval on SPS grounds (Table 3.16). Source: ONSSA. Viewed at: www.onssa.gov.ma

3.138.  The import of veterinary medicines is governed by Law No. 21‑80 and its implementing Decree No. 2‑82‑541 of 15 March 1983. Only veterinary medicines that have obtained prior authorization may be imported (prior marketing authorization), and exclusively by veterinary pharmaceutical establishments authorized beforehand.[187]

3.139.  The import of additives, premixes of additives and supplementary foodstuffs for animal feed is subject to the provisions of Order No. 1490‑13 of the Ministry responsible for agriculture. This Order establishes the list and maximum limits of substances considered undesirable in animal food, as well as the list and limits for the use of additives, premixes and supplementary foodstuffs for animal feed. The list indicates that animal food must not contain any additives, premixes, compound feed or supplementary foodstuffs for animals that are not listed in Annex II of the Order or that exceed the limits specified in this list.[188]

3.140.  The import of cleaning preparations and disinfectants (biocides) used in the livestock and agri-food sectors is subject to the provisions of Order No. 2300‑17.[189] This Order establishes the characteristics of cleaning preparations and disinfectants in terms of performance, toxicity and purity, and the conditions governing their use, as well as a list of the substances that can be used in these products

3.141.  As regards the control of phytopharmaceutical products, imported or locally manufactured products must be approved pursuant to Law No. 34‑18,[190] to assess their effectiveness and safety for humans, animals and the environment prior to their marketing authorization. Any phytopharmaceutical product imported into, or made and used in, Morocco must be approved. Imported products are subject to a physical inspection and the systematic inspection of accompanying documents. Product sampling is carried out on the basis of a risk analysis taking into account objective elements such as the origin of the goods, the importer's record, the relevance of the accompanying documents and the state of the packaging. The same control methodology applies for phytopharmaceutical products in the distribution network

3.142.  ONSSA implements a reassessment programme for active substances used in the composition of phytopharmaceutical products. Following the reassessment process, ONSSA can revoke the marketing authorization for certain products, or restrict their applications, taking into account other products available on the market, and the risk control level. According to the authorities, between 2017 and 2023 ONSSA reassessed approximately 75 active materials in phytopharmaceutical products, of which 57 were withdrawn and 13 kept under strict conditions of use, and 19 are still being evaluated. More than 400 phytopharmaceutical products have been withdrawn

3.143.  As regards the control of fertilizers and growing media, imported products are subject to a risk assessment on the basis of a technical dossier to ensure their safety for humans, animals and the environment prior to their marketing authorization. Control of these products upon importation consists of a physical inspection and the systematic inspection of accompanying documents. Product sampling is carried out on the basis of a risk analysis taking into account objective elements such as the origin of the goods, the importer's record, the relevance of the accompanying documents and the state of the packaging. The same control methodology applies for phytopharmaceutical products in the distribution network

3.144.  During the period under review, Morocco submitted 81 notifications to the WTO, of which 28 were notifications of emergency measures and 60 were regular notifications. During the same period, Morocco was asked to respond to one new specific trade concern raised in the Committee on Sanitary and Phytosanitary Measures.[191]

3.145.  Joint Order No. 156-14, issued by the Ministry of Agriculture and Marine Fisheries and the Ministry of Health, of 17 January 2014 lists the maximum residue limits (MRLs) for pesticides in animal food and animal feed.[192] Since 1 October 2019, MRLs have been established for imported teas.[193] This trade concern was discussed again during the November 2023 SPS Committee meeting

3.146.  Morocco does not have any legal provisions relating to genetically modified organisms