Togo
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AUTORITÉ NATIONALE RESPONSABLE DES NOTIFICATIONS SPS
Nom/Organisme | Coordonnées |
---|---|
Monsieur Katchali BATCHASSI
Directeur du Commerce Extérieur Ministère du commerce et de la promotion du secteur privé Ancien immeuble BCEAO, Place des Martyrs Lomé B.P. 383 |
POINT(S) D'INFORMATION SPS
Nom/Organisme | Coordonnées |
---|---|
Monsieur Ahoro Atchindé AMAKOUE
Direction du Commerce Extérieur Ministère du commerce et de la promotion du secteur privé Ancien immeuble BCEAO, Place des Martyrs Lomé B.P. 383 | Téléphone: +(228) 22 21 20 25/90 29 25 72 |
Arborescence des codes du SH associés aux notifications SPS
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Documents du comité SPS
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Suppléments
Examens des politiques commerciales
3.100. In 2014, by means of a convention, the Commission gave support to the Union of Poultry Industry Organizations (UOFA) to improve the transport of one‑day‑old chicks in order to facilitate supplies to breeders; for the creation of a website to show UOFA's activities; for sanitary certification of hatcheries identified in the Union, especially in Cte d'Ivoire, Mali and Senegal; and for advocacy of free movement of poultry products in member States
3.101. The import of plants and plant products requires a permit from the destination member State, as well as a phytosanitary certificate issued by the exporting country, and in some countries an inspection note (see Annex on Burkina Faso), irrespective of the country of origin, including within the community. The permit is valid for a particular importer, solely for the product concerned and for a given, relatively short, period. It is not valid in any other member State. When a load is cleared for home use in a given State and is then exported to another member State, the latter requires another import permit. Harmonization of phytosanitary permits and certificates, mutual recognition of inspections and better regional coordination would help to remove these barriers. This would, however, require assistance in assessing the phytosanitary status in each member State and the development of a common phytosanitary statute on the basis of which it would be possible to undertake a risk analysis common to all member States, enabling the phytosanitary requirements for imports from third countries to be harmonized
3.102. Trade in certified seeds, pesticides and veterinary medicines is subject to technical regulations that have been harmonized within WAEMU, based on the requirement that they be certified or approved. This has considerably facilitated production and trade in agri‑food products. The regulations on seeds and pesticides are implemented jointly by the Commission, ECOWAS and the Permanent Interstate Committee for Drought Control in the Sahel (CILSS), to which all member States belong. Provisions concerning trade in other agricultural inputs, notably the supply of fertilizer in the growing season, is decided at national level without any coordination at community level
3.103. A 2009 regulation aims to ensure free movement of approved pesticides.[95] According to Article 5, "[i]n order to guarantee the organization of a regional market as part of the implementation of the regional agricultural policy, pesticides shall move freely throughout the territory of member States according to agricultural‑ecological areas, provided that they have been approved and declared as meeting the quality standards laid down in the texts in force in the Union". Since April 2013, the ECOWAS and WAEMU Commissions have entrusted the CILSS with harmonized implementation of the regulatory texts and with setting up and running the West African Committee for Pesticides Approval and the national pesticide management committees (CNGP)
3.104. All the Member States belong to the CILSS and take part in the approval activities of the Sahelian Pesticides Committee (CSP). The CILSS has introduced an approval mechanism for pesticides and other phytosanitary products, including common regulations on the import, export, manufacture and distribution of phytosanitary products, which constitutes a unique example of regional harmonization for pesticides. Although there is no regional approval allowing an importer to operate in all WAEMU countries, pesticides approved by the CSP move freely throughout the territory of the signatories to the CILSS Common Regulations. The CNGPs are responsible for implementing the CSP's decisions
3.105. In addition, this community framework calls on member States to ratify the pertinent major international conventions, to base their national regulations on the latters' provisions, and to harmonize approval terms and criteria, including those on labelling, packaging and storage of approved pesticides. Five lists have to be drawn up for this purpose: approved pesticides or those with a provisional sales authorization; banned pesticides; pesticides whose toxicity is monitored; those "strictly regulated"; and those deemed to be approved in each member State. Member States have also ratified the Rotterdam, Stockholm, Basel and Bamako Conventions (section 3.3.3). In implementing these Conventions, however, member States are mainly constrained by the lack of human, material and financial resources
3.106. WAEMU has embarked upon a process of harmonizing legislation on veterinary pharmaceuticals within its area. This process (a) lays down the general principles enabling centralized management of marketing authorizations; (b) introduces the structures needed to control the quality of veterinary medicines; and (c) ensures controlled distribution of such medicines. Several regulatory texts date from March 2006.[96] These texts provide for free trade in approved veterinary products within the Union and help to strengthen a common community sanitary area. Directive No. 7/2006/CM/UEMOA provides in particular for import controls and regulates the movement of veterinary medicines within the Union, their sale; control of the requirements for opening and operating manufacturing facilities, possession for commercial purposes, import and wholesale or retail distribution. This Directive has not yet actually been implemented by all member States, but medicines requiring community marketing authorization (AMM) and an import authorization from one of the member States issued by the veterinary services move freely throughout the territory of the Union, accompanied by the AMM
3.107. A legal framework has harmonized control of the quality, certification and sale of plant seeds and seedlings in member States since 2009.[97] It provides for the creation of WAEMU's Regional Catalogue of Plant Species and Plant Varieties (CREVU) with a view to consolidating those approved at national level. Plant seeds and seedlings certified and registered in the CREVU are traded freely in the WAEMU area. Member States commit themselves to "mutual recognition of certifications based on community technical requirements and standards for plant seeds and seedlings, and control and approval procedures in force in the Union, recognizing them as equivalent" (Article 6). The framework also defines the professions related to the marketing of plant seeds and seedlings. Under an agreement between the Commission, ECOWAS, and the West and Central African Council for Agricultural Research and Development (CORAF), and with support from USAID, efforts are being made to facilitate trade in plant seeds and seedlings
3.108. The CREVU catalogue provides for the possibility of approving genetically modified varieties (GMOs). Nevertheless, the regulations on agricultural products derived from biotechnology, particularly use of GMOs in human and animal food, have not been harmonized, although community regulations are planned. In some countries, the sale and growing of genetically modified products, as well as the import of GMO‑derived products, requires authorization from the competent authorities (see Annexes by country). National seed committees have been set up, in Senegal in particular in 1997, in Burkina Faso in 2012, and in Cte d'Ivoire in 2013
3.109. The Commission has not enacted any legislation on fertilizer quality control as ECOWAS has already done so. Nevertheless, it is an observer at the regional committee set up within ECOWAS. The relevant legal corpus has been adopted and sessions to build capacity for controlling fertilizer started in 2017 with support from USAID. The aim is free movement of approved fertilizer
3.34. Burkina Faso has four structures responsible for sanitary and phytosanitary control. The DPVC in the Ministry responsible for agriculture is in charge of phytosanitary inspection, controlling the preparation and quality of agricultural products and products of agricultural origin, whose conformity with the prevailing standards has to be certified by three documents: a phytosanitary certificate; a certificate of origin and an inspection note (BV) containing the results of the analysis undertaken by the exporting country. The authority may ask for additional analyses. After the procedures have been completed, a phytosanitary inspection report is issued. The authorities are currently considering possibilities for streamlining the procedures. Genetically modified organisms and by‑products must be labelled and bear the indication "Products based on genetically modified organisms" or "Contains genetically modified organisms" (section 4.1)
3.35. The National Public Health Laboratory (LNSP) of the Ministry of Health carries out sanitary controls, confirmed by a sanitary quality certificate. Animal health controls are the responsibility of the Directorate‑General of Veterinary Services (DGSV) of the Ministry of Animal Resources. Where live animals are concerned, an import authorization must be issued by the DGSV before any importation takes place. If an inspection gives rise to doubt, the measures provided in the Animal Health Code apply: placement under observation (seizure); quarantine; and partial or total destruction
3.36. The DPVC operates a network of 21 phytosanitary control posts on the land borders and at Ouagadougou Airport. It is also the national enquiry point for the SPS Agreement and the focal point for the Codex Alimentarius and the International Plant Protection Convention (IPPC). Phytosanitary risks are managed by a multidisciplinary team set up in 2006.[31] In carrying out its activities, the team may seek advice from any natural or legal person whose professional, technical or scientific expertise is deemed necessary
3.37. Guinea‑Bissau does not have any operational SPS enquiry point. It is still encountering problems as regards SPS protection, both at the legislative and institutional levels and in relation to human and material resources. According to the authorities, the legislative framework has not changed for the past six years. It would appear that efforts have been made since 2016 to create a national SPS committee under the aegis of the Ministry of Agriculture
The draft law on plant protection, already notified to the WTO and in the process of being adopted in May 2017, regulates the sanitary protection of plants and plant products.[32] Based on the IPPC, the implementing decree for this law establishes the procedures for phytosanitary control upon importation and exportation, during transit and within national territory.[33] It also defines the scope of the law in terms of products subject to phytosanitary control. Kiti No. AN VII 113 FP‑AGRI‑EL of 22 November 1989 still governs all matters relating to animal health in Burkina Faso
3.38. In general, in addition to prior authorization (section 3.1.6), imports must be accompanied by an SPS certificate from the country of origin or source and are subject to organoleptic inspection. If there is any doubt regarding the conformity of a product, samples are taken and sent to a laboratory for analysis. According to the authorities, in practice the control mechanisms are not operating in all customs posts owing to lack of capacity to implement them. Imports or exports are mostly inspected at the port and airport in Bissau
Whenever products falling within its competence are imported, ABNORM may take up to three samples. Moreover, in some cases, it carries out a preliminary analysis of samples of products requiring a CNC before issuing an import authorization; a similar document is also issued by the DPVC for seed and seedlings. The results of the analysis (if found to be in conformity) must be attached to the prior import declaration when it is forwarded to the inspection company (COTECNA)
3.39. Guinea‑Bissau has four analytical laboratories, which have not been accredited. Moreover, their operations are often interrupted because of the lack of equipment and reagents, which means turning to foreign laboratories. Upgrading of national reference laboratories remains one of the priorities which would help to resolve the problem of trust that hampers exports
Special marking and labelling provisions regulate clearance for home use of certain products such as electric batteries, rice, fertilizer, boxes of matches and packets of cigarettes. A number of legal instruments determine the criteria for selling tobacco.[34] For example, importers must apply to the Ministry responsible for trade for approval and, after receiving it, submit a price determination application, deposit a sample and submit a certificate of analysis for the brand to be imported issued by the LNSP. Seed packets must provide detailed information that enables the seed to be traced. The name, address and trade name of the distributor must be indicated legibly
3.46. Niger has not made any notification to the WTO on its sanitary or phytosanitary regime (Table 3.2) or related activities. Although a legislative framework is in place, effective SPS protection is in its very early stages and SPS protection measures at the customs cordon are rare
3.47. In principle, the Directorate‑General of Plant Protection is responsible for controls against payment of the phytosanitary inspection fees (CFAF 520/tonne). It also inspects plants and plant products for import or export and issues phytosanitary certificates, as well as the re‑export certificates required by destination countries.[71] Phytopharmaceutical products are approved at the community level (common report, section 3.3.1)
3.48. For products of animal origin, procedures depend on whether they concern live animals (animal health certificate) or animal products (sanitary certificate, although in fact no meat is imported, with the exception of frozen chickens). A national strategy has been developed to combat and prevent avian flu. For foodstuffs, the sanitary control measures, including those at the border, are decided by the Ministry responsible for public health. According to the authorities, no product has been the subject of a trade restriction for SPS reasons
3.49. In the main, national phytosanitary and sanitary regimes have remained unchanged since 2009. Cte d'Ivoire has made efforts to deliver the quality required by the countries of destination of its products, such as coffee, cocoa, fruit and vegetables and fishery products.[63]
3.50. Since 2015, Cte d'Ivoire has had an SPS/TBT sub‑committee which is part of the National Inter‑Institutional Advisory Committee on WTO Agreements (Article 6 of Decree No. 2015‑115 of 25 February 2015, setting up the CNIC‑WTO). The sub‑committee has received technical assistance from USAID and AU‑IBAR to enhance its effectiveness. According to the authorities, a National SPS Committee is being set up that should ultimately ensure coordination of the various bodies concerned with SPS measures, which often act independently. For the time being, a number of different bodies are responsible for SPS controls, and their efficiency could be improved by means of a coordination mechanism
3.51. The Border Inspection and Veterinary Sanitary Control Department (SICOSAV) carries out sanitary and quality control of live animals, animal products and fishery products, for import and export purposes. It is also responsible for inspecting imports and local manufacture of these products for the purpose of delivering the sanitary certificate required to market them
There has been no change to the general framework for sanitary and phytosanitary regulation in Mali since the previous review. In 2009, following the threat of an avian flu epidemic, Mali banned the importation and transit of birds and poultry products from countries infected by the disease.[29] A ban on fresh bovine meat was imposed in 2000 and has not yet been lifted.[30]
3.52. The Veterinary Services Department is responsible for animal health and veterinary public hygiene. It checks health and hygiene conditions in the facilities used for the primary storage, distribution and marketing of meat and fisheries products. It tests medicaments and veterinary products and materials in conjunction with the Minister for Health and Public Hygiene. It also monitors the processing of animal and fisheries products in conjunction with the Minister for Industry
The National Food Safety Agency (ANSSA), a government institution of a scientific and technological nature established in 2003, has the task of guaranteeing the health safety of food, inter alia, by coordinating all action relating to the health safety of foodstuffs and animal feed; providing technical and scientific support to national food inspection structures; and assessing the possible health risks of certain foods intended for human or animal consumption. It also provides technical and scientific support to epidemiological surveillance and food hygiene monitoring structures. ANSSA acts as the Secretariat for the National Codex Committee (CNC)
3.53. The Ministry of Agriculture is responsible for plant variety protection. The IPPC International Standards for Phytosanitary Measures (specifically ISPM 32) provide guidelines on risk management.[64]
The marketing of foodstuffs, animal feed and food additives, whether imported or locally produced, requires a marketing authorization.[31] The National Marketing Authorization Commission (CNAMM) has been operating for this purpose since 2006, under the aegis of the Minister responsible for health. It is in charge of examining reports by experts, notably microbiologists, analysts, toxicologists and biologists, and giving the Minister a written and reasoned opinion on the granting, refusal or suspension of marketing authorizations. Applications for marketing authorizations must include: a stamped, handwritten application; a report on the analysis carried out by an approved laboratory; a receipt for payment of a fee to the CNAMM, whose rate and collection methods are determined in an order from the Minister responsible for health; and an inspection certificate from the agency in charge of monitoring imports
3.54. Since 2012, Cte d'Ivoire has made no notifications to the WTO SPS Committee. The authorities have stated that they have notified the bans in force on poultry imports to the OIE
The National Food Safety Council (CNSSA), set up in March 2004, is tasked with managing major food‑related risks
3.55. The large number of checks and the lack of coordination between them lengthen the procedures and push up import costs. Several verification notices, certificates, reports, attestations and other documents are issued by each body, which all have to be paid for. The implementation of coordinated procedures between these bodies, for both import and export, would make it possible to carry out all the requisite SPS checks while avoiding duplication and unnecessary expense
The National Directorate of Veterinary Services (DNSV) is responsible for applying measures to protect animal health and the safety of foodstuffs of animal origin and animal feed. Law No. 028 of 14 June 2011 and its implementing Decree No. 440‑P‑RM of 14 June 2011 determine the criteria for control of foodstuffs of animal origin and animal feed in Mali. Import or transit of animals (domesticated or wild) and animal products requires the submission of a health certificate issued by the country of origin. In addition, any import of animals or animal products is in principle subject to inspection by the veterinary services. The same applies to meat for sale and hygiene conditions in abattoirs. The veterinary services are apparently drawing up a schedule of inspection fees. Animals without a certificate are placed in quarantine, which ranges from 15 to 45 days and is at the expense of the owner
Sanitary and phytosanitary measures are governed by the national and community provisions and Togo's international commitments.[58] There was no major change to the legislative framework for these measures during the review period. The texts adopted refer, in particular, to the approval of pesticides and the creation of a phytopharmaceuticals committee. Most of the legislative texts were notified to the WTO between 2015 and 2016.[59]
3.56. As things stand, a further problem lies in the lack of accredited and operational analysis laboratories, especially for imports and exports, whence the high degree of reliance on foreign laboratories
There were no major changes to the regulatory framework governing sanitary and phytosanitary measures during the review period. According to the authorities, such measures are prepared on the basis of international standards, notably those of the International Plant Protection Convention, the World Animal Health Organization, and the Codex Alimentarius
The National Directorate of Agriculture (DNA) is in charge of sanitary inspection of plants and plant products and for controlling the quality of inputs. Pursuant to Law No. 02‑013 of 3 June 2002 and its implementing Decree No. 02‑305, import or export of plants requires the submission of a phytosanitary certificate. A permit issued by the DNA is required for the import of plant products, together with a phytosanitary certificate issued by the exporting country. These documents do not exempt the imports from conformity control. All products of plant origin for export must undergo phytosanitary inspection in order to ensure compliance with the phytosanitary regulations of the destination country and to promote the quality of Malian products abroad
The Ministry of Agriculture, Livestock and Water Resources (MAEH) is the leading competent authority for animal health, phytosanitary protection and the quality of agricultural products and products of animal origin. The Ministry responsible for health is in charge of sanitary protection, hygiene and basic sanitation. The Foreign Trade Directorate in the Ministry responsible for trade is the enquiry point and is responsible for notifications for the purposes of the SPS Agreement
3.57. As a general rule, an import declaration for food products (DIPA) is required in order to import foodstuffs. This is issued by the Directorate of Internal Trade and, according to the authorities, its purpose is to protect consumers. Depending on the case, the documents required for its issue include a certificate of origin, a sanitary and health certificate, a phytosanitary certificate, a certificate that the product is not radioactive, and a certificate that it is not contaminated by dioxin. The importer has to provide four samples of the product. The DIPA is issued if the test results show that the product complies with the prevailing standards. Conformity analyses are mandatory for food products of a "sensitive nature" and those that are the subject of a technical regulation. The cost of the analyses has to be borne by the importer. Local food industry products are checked by the Division of Consumption and Consumer Safety before they can be released for consumption. An authorization of release for consumption (FRA authorization) is then issued. Ex post controls are carried out by the Directorate of Internal Trade
Mali has not yet transposed the provisions adopted by WAEMU and ECOWAS with a view to guaranteeing the free movement of approved phytopharmaceutical products
A prior authorization (permit) and a phytosanitary certificate have to be obtained from the Ministry responsible for agriculture in order to import or export plants, seeds and plant material. The import of phytosanitary products and related equipment requires an authorization from the Ministry responsible for agriculture. Furthermore, any import of food products requires a permit, issued by the Ministry responsible for trade, which gives the operator six months in which to import the products. Microbiological and physicochemical analyses are carried out when the goods arrive. Their sale is only authorized if the results of the analysis show that the products comply with food safety standards
3.58. The import of plant and animal products requires a phytosanitary permit for plants and their by‑products and a sanitary permit for animals and their by‑products. The import of plants and plant products has to be accompanied by a phytosanitary certificate issued by the authorities in the country of origin; for animals and animal products, it must be accompanied by a sanitary certificate issued by the competent agencies in the country of origin. The Plant Protection Directorate verifies the phytosanitary certificate and assesses the quality of the products at the border
The DNSV is Mali's national enquiry point for the purposes of the WTO SPS Agreement.[32]
Approval from the Phytopharmaceuticals Committee (CPP) is required to manufacture, import and package phytopharmaceuticals with a view to selling them on the domestic market. The CPP keeps and updates the list of phytopharmaceuticals approved for import. Importers must also have professional approval from the CPP
3.59. Most of the SPS measures have not been notified to the WTO. The import of live poultry, edible poultry meat and offal, poultry products, used poultry‑breeding equipment and appliances has been banned since 2005.[66] The import of one‑day‑old chicks for breeding may be authorized upon submission of an animal health certificate issued by the veterinary authorities in the exporting country certifying that they are free of avian flu. Quarantine applies when they arrive and is paid for by the importer. The same applies to eggs for hatching, which have to be disinfected upon arrival
Labelling is compulsory for all prepackaged foods. The requirements regarding the packaging, marking and labelling of foods are generally aligned on the relevant international recommendations. For example, the general Codex standard on the labelling of prepackaged foods has made it compulsory to indicate the name of the product, its volume or weight, the name and address of the manufacturer, the ingredients, the batch number, conservation and storage instructions and, lastly, the use‑by date
The marketing of foodstuffs of animal or fisheries origin requires approval from the Ministry responsible for agriculture, which is valid for one year. Prior authorization from the Ministry is required before any live animals or foodstuffs of animal origin can be imported.[60] In particular, any import of animals or animal products for the livestock breeding sector requires prior authorization from the national veterinary authority[61] and must be accompanied by a veterinary certificate issued by an official veterinarian in the exporting country
3.60. During the review period, Senegal submitted three notifications to the Committee on Sanitary and Phytosanitary Measures: a phytosanitary agreement with Cabo Verde on the exchange of information and joint action on control; a technical regulation regarding the requirement to disinfect materials and packaging made of wood (adoption of a directive of the International Plant Protection Convention); and a temporary ban on the import of tomatoes from zones infested with tomato leaf miner (this measure is no longer in effect)
Order No. 05 0001/MIC‑SG of 6 January 2005 lists the products whose packaging is subject to mandatory indications. Some imported products (cigarettes, matches, electric batteries, yarn for weaving and fabrics, tomato paste and concentrate, edible oils and insecticides in the form of coils and sprays) must specifically mention their destination on the packaging, for example "Vente au Mali" ("For sale in Mali"), the country of manufacture, the name of the manufacturer, and the identification number of the importer or its address
In 2012, Togo set up a National SPS Committee[62] to be responsible, inter alia, for informing the Government of the effect of SPS measures and coordinating its participation in the activities of international bodies such as the OIE, the Codex Alimentarius and the International Plant Protection Convention. The SPS Committee is divided into sub‑committees, each responsible for the following areas: animal health; sanitary food safety; and plant protection. A national strategy to build sanitary and phytosanitary capacity was endorsed in October 2016.[63]
3.61. Some food products are the subject of special restrictions. For example, tomato paste must not contain any ingredient other than pure tomatoes. Meat and edible offal must be accompanied by a certificate stating that it is free of dioxin, in addition to the sanitary certificate
The import of products containing genetically modified organisms (GMOs) is banned.[64] It is also prohibited to handle GMOs. A committee to be responsible for GMO‑related matters was set up in 2016, but is not yet operating. The legislation on biosafety is currently being revised
3.62. The movement and use of genetically modified organisms (GMO) are governed by the Biosafety Law, adopted in 2009.[67] The import and use of such organisms is, in principle, prohibited, but may be authorized by the Minister responsible for the environment under certain conditions. Applications for authorization have to be sent to the National Biosafety Authority (ANB) and are examined by the National Biosafety Committee, which assesses the risks and makes proposals to the ANB. No application has been received by the ANB so far. The Biosafety Law is being revised
3.63. The main feature of the legal and institutional framework for controlling food safety continues to be the existence of a large number of legal and regulatory texts (Table 3.5). The danger of such a situation is that it makes the sanitary control system ineffective and costly for economic actors
3.64. In 2012, with the joint support of Belgian cooperation, the European Union and FAO, Benin set up the Beninese Food Safety Agency (ABSSA), which remains under the supervision of the Ministry responsible for agriculture, livestock and fisheries.[34] The Agency controls food quality and safety and also has a monitoring, early warning and information role in relation to food safety. It has introduced inspection programmes in food processing facilities. It analyses and assesses conformity through the "Central Food Safety Control Laboratory" (LCSSA) in the Ministry responsible for agriculture, based in Cotonou. In 2016, the LCSSA was accredited by BELAC with the ISO 17025 standard in the sphere of microbiology, enabling it to assess the conformity of imported agricultural and agri‑food products and those intended for export
3.65. In 2002, the European Union had suspended the export of shrimps from Benin to its market. With the creation of ABSSA, however, Benin now has the required means of inspection and has been reinstated in the list of third countries authorized to export fisheries products to the EU. Nevertheless, the shrimp fishing sector has subsequently found it difficult to attain the level of exports prior to the ban
3.66. The competent services of the Ministry responsible for health inspect and control facilities producing and selling food and are also responsible for epidemiological and sanitary surveillance at borders, ports and airports, and for hygiene and basic sanitation
3.67. The Directorate in charge of livestock is responsible for inspecting and controlling food of animal origin and live animals. It also has responsibility for the sanitary safety of animals. The veterinary services issue certificates for the export of animals to neighbouring countries, although this activity does not appear to comply with the relevant OIE standards.[35] All importers of products of animal origin must apply to the Director responsible for livestock for an import permit. A sanitary certificate issued by the country of origin has to be submitted for the import of animals or products of animal origin
3.68. The Division for the control and monitoring of fisheries products, part of the Directorate of fisheries production in the Ministry responsible for agriculture, controls the hygiene of fisheries products, particularly those for export
3.69. The safety of plant production is the responsibility of the competent services of the Directorate in charge of plant production. This Directorate is also responsible for phytosanitary monitoring and for organizing the sanitary control of plants and plant products, as well as for controlling the quality of inputs
3.70. A permit issued by the Ministry responsible for agriculture is required to import plant products for consumption (valid for six months for the product concerned). When goods enter, the import permit and the phytosanitary certificate issued by the exporting country must be submitted for documentary inspection, but this does not dispense with conformity control. The Directorate responsible for plant protection takes samples for analysis. Inspection of imported plant products by the Directorate is free of charge
3.71. An authorization is required to import, manufacture or use pesticides (phytopharmaceuticals) on Beninese territory. Requests for authorization, sale, testing or approval have to be submitted to the National Committee for the Approval and Control of Phytopharmaceuticals (CNAC). The fees payable are: CFAF 200,000 for examining the file on a product (CFAF 100,000 for renewal); and CFAF 500,000 for professional approval of a single distributor or applicator for a product (CFAF 250,000 for renewal). If the application is accepted, the approval authorization is issued in an order by the Minister responsible for agriculture. There are two types of approval: provisional approval for sale (APV) lasting four years; and approval‑authorization (AH) for a period of ten years
3.72. Benin has not yet transposed the WAEMU and ECOWAS provisions to ensure the free movement of approved phytopharmaceuticals; the requirements on approval of imported products and the relevant procedures apply irrespective of the country of origin. In addition, Benin is drawing up national rules for fertilizers and seeds in conformity with the relevant WAEMU provisions
3.73. Following cases of food poisoning caused by endosulfan, particularly in the northern part of Benin, the Ministry responsible for agriculture, livestock and fisheries notified the WTO of a ban on the import, distribution and use of all phytopharmaceuticals containing endosulfan as of November 2009.[36]
3.74. The enquiry point notified by Benin for the WTO SPS Agreement is the Director responsible for plant production. The Director‑General of Foreign Trade is the national authority responsible for notifications.[37]
3.75. Benin acceded to the International Plant Protection Convention (IPPC) in 2010
3.76. Benin had a moratorium on the import and cultivation of GMOs up to 2013. Since that date, no appropriate legal framework has been introduced
3.77. There have been no changes to the requirements on packaging, marking and labelling during the review period. In general, Benin's regulations require that a description of the contents, instructions for use and the name and address of the manufacturer or distributor should appear clearly and legibly in French. In addition to the general information, labels on phytopharmaceuticals must show the risk level by means of a coloured band at the bottom of the label and indicate the sales authorization or approval number. Sellers who have been given approval may insert in products put on the market a technical notice in French covering one to a maximum of four pages reproducing and supplementing the information on the label
3.78. Certain international provisions on labelling are applied, for example, the Codex Alimentarius standards for food and the FAO directives on indicating the risk of phytopharmaceuticals.[38] In accordance with the principles laid down in the WHO Framework Convention on Tobacco Control, cigarettes may only be sold in Benin in packets that clearly show, in legible characters on the front and back, the health warning "Tobacco seriously endangers health".[39]
3.79. Infant formula must mention that breastfeeding is to be preferred to bottle feeding and have a warning against the risks of inappropriate preparation.[40]
3.91. The harmonization of national SPS‑related legislative texts, regulations, measures and practices has been under way within WAEMU for the last decade, but member States need assistance in order to produce more concrete results. Assistance is needed in particular in setting up national SPS committees in countries where they do not yet exist, for example, Mali and Guinea‑Bissau; and to improve their operation in member States where they already exist (for example, Senegal) so as to facilitate the formulation of SPS policies and enable member States to meet their notification obligations more satisfactorily
3.92. WAEMU's regulatory and legislative framework on the sanitary safety of plants, animals and foodstuffs dates from 2007.[91] Its aim is to create mechanisms for cooperation, to harmonize the legal texts on SPS matters and to establish mutual recognition of controls among member States, "while at the same time taking into account application of the precautionary principle". International standards are specifically recognized as the basis for drawing up community and national texts on SPS measures so that plants and plant products, animals and products of animal origin, foodstuffs and animal feed, including products of modern biotechnology, move freely throughout the territory of the Union, whether of community origin or imported from third countries. In May 2017, this Regulation was being revised in cooperation with ECOWAS
3.93. In 2009, the Commission adopted two texts implementing the Regulation, relating to the sanitary safety of animals, then in 2013 two other implementing texts on coordination and cooperation mechanisms (section 3.3.2 below) as part of the implementation of the Union Agricultural Policy (PAU) and with the aim of organizing a strategy at regional level consistent with international requirements, notably with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).[92] Pursuant to the 2007 Regulation, the Commission and member States also undertake to prepare community and national texts based on the standards of the Codex Alimentarius, the International Plant Protection Convention (IPPC), the World Organisation for Animal Health (OIE) and those established under the Cartagena Protocol on Biosafety
3.94. The texts implementing the 2007 Regulation and the administrative measures adopted by member States for its implementation should be published in a common compendium; the plan was to devote a section to SPS measures on the WAEMU trade information portal, which is currently being set up
3.95. In practice, harmonization of SPS matters is still in its early stages. The veterinary regime for animal health, in particular, has been partly harmonized, whereas food safety and plant protection are not yet properly harmonized within member States. The frame of reference for managing food hygiene in Africa developed in the EU's programme "Better Training for Safer Food" for Africa has been disseminated by the Commission. Operators are free to apply it on a voluntary basis in the same way as the other good hygiene practice guidelines
3.96. A regional committee for the sanitary safety of plants, animals and foodstuffs within WAEMU is currently being created. The WAEMU Commission's declared objectives are to introduce national mechanisms for assessing food safety risks and providing scientific advice so as to help member States to adapt their sanitary measures to international standards; harmonize the hygiene and food safety rules for foodstuffs and animal feed; harmonize the special rules on hygiene and food safety for foodstuffs of animal origin, including fisheries products; and harmonize official inspections and microbiological and physico‑chemical criteria for assessing the sanitary quality of foodstuffs. Cte d'Ivoire has stated that it is introducing a single structure for managing food safety risks
3.97. At present, in each member State the import of foodstuffs from other member States is subject to the same control measures as those for imports from third countries. Prior authorization from the veterinary service is required to import animal products from one member State to another, together with an animal health certificate from the country of origin. There is still veterinary inspection of products of animal origin among member States in spite of the existence of a veterinary committee that has been operating since 2006.[93] In the absence of full harmonization of texts, mutual recognition of inspections and effective coordination at regional level, after a given food product has entered a member State it cannot be resold in another member State without once again undergoing the same inspections (see Annexes by country)
3.98. In general, veterinary requirements, particularly those relating to animal health, are partly aligned among member States as regards import, transit and re‑export of live animals. All importers of live animals and animal products must, in principle, be registered with the national veterinary authorities. The veterinary services at the border conduct an inspection subject to a health visit fee. In practice, numerous animals go through the Union's borders outside the customs posts and avoid any controls
3.99. The aforementioned 2009 regulations require immediate notification to the Commission and the OIE if any notifiable disease emerges.[94] In parallel with the community legislation, some provisions in domestic laws also remain in force. Projects initiated by the Commission aim to control Newcastle disease in poultry, anthrax and contagious bovine pleuropneumonia by boosting vaccination campaigns so as to create a common sanitary territory and thereby facilitate trade. Their objective is also to build the capacity of veterinary services, particularly in relation to the re‑emergence of avian influenza
POINT(S) D'INFORMATION OTC
Nom/Organisme | Coordonnées |
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Simon OGNANDOU Chargé d'études à la Direction du Commerce Extérieur Ministère du Commerce et de la Promotion du Secteur Privé BP: 383 Lomé-Togo BP 383 |
Participation aux discussions sur les préoccupations commerciales OTC
Communication(s) concernant la mise en œuvre
Accord entre les Membres
Acceptation du Code de pratique
Documents du comité OTC
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Examens des politiques commerciales
3.110. Member States' authorities have each declared that their objective is to base national standards and technical regulations on international standards, including those of the International Organization for Standardization (ISO) (to which all member States belong, with the exception of Niger, which is a correspondent member, Guinea‑Bissau and Togo)[98]; the Codex Alimentarius for food products; the Regional Standardization, Certification and Quality Promotion Agency (NORMCERQ); as well as European standards, particularly those transposed by the French Association for Standardization (AFNOR), which has a website dedicated to West Africa.[99] In addition, the national standardization institutes in all member States (except Mali) are also members of the African Organisation for Standardisation (ARSO‑ORAN). All member States except Guinea-Bissau have accepted the WTO Code of Good Practice for the Preparation, Adoption and Application of Standards
3.111. A harmonization process, financed by the European Union since 2001, covers accreditation, certification, standardization and metrology activities, comprising three technical components: upgrading reference laboratories with a view to their international accreditation; building regulatory and technical capacity at national and regional levels; and supporting quality efforts by businesses (ISO 9001 certification, quality awards, creation of technical support centres, etc.). One of the outcomes of the "quality" programme has been the Scheme for the Harmonization of Accreditation, Certification, Standardization and Metrology Activities within WAEMU.[100] The aim of this 2005 Regulation, updated in 2010, is free movement of products and services within the Union and a larger share in international trade. It is based on the principle of mutual recognition among member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and of their results
3.112. Under the Regulation, member States must notify the WAEMU Commission of their respective regimes on technical barriers to trade and eliminate any unjustified obstacle to the free movement of goods and services. Support for achieving consistency of national regimes is provided by three technical structures: the West African Accreditation System (SOAC); the Regional Standardization, Certification and Quality Promotion Agency (NORMCERQ); and the West African Metrology System (SOAMET). Their activities are coordinated by a Regional Quality Committee (CREQ)
3.113. Voluntary community standards are prepared and adopted by NORMCERQ and must be approved by the Commission; there is provision for a public enquiry at the preparation stage lasting a maximum of three months.[101] Regional technical committees for standardization, composed of two representatives of each member State, are set up to address specific areas and prepare preliminary drafts of WAEMU standards. By May 2017, 42 standards and four guides on good practice in food production had been approved by the Commission. The revision of the Regulation in 2010 specified the mechanism for adopting technical regulations within the Union; the regulations have to be proposed by the Council of Ministers on the basis of community standards as well as the standards adopted by international standardization organizations, after hearing the views of the NORMCERQ Council
3.114. According to the SOAC revised in 2010, the conformity of imported goods with technical regulations has to be certified by an accredited laboratory, with a certificate or conformity mark as proof. The purpose of introducing the SOAC is to give member States a single organization for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies) so as to ensure international recognition of their technical competence at reasonable cost. By May 2017, however, the SOAC was not yet operating. A constituent general assembly was held in Abidjan in December 2015 and a governing board was set up. It was decided that Cte d'Ivoire should host the headquarters
3.115. With regard to metrology, Regulation No. 08/2014/CM/UEMOA introduced a harmonized metrology system in member States. Three member States (Benin, Burkina Faso and Mali) have already set up autonomous metrology agencies
3.116. Although the community framework has been in force since January 2006, mutual recognition is not yet operational within WAEMU. The use of national standards deemed to be scientifically unfounded has been addressed by the Commission as a violation of the community competition regime. The Union has not signed any mutual recognition agreements with third countries, and any measures in this respect remain at national level (see Annexes by country)
3.29. Law No. 011‑2007/AN of 24 May 2007 governs standardization, certification, accreditation and quality promotion in Burkina Faso; it defines the categories of standards, together with procedures for their drafting, approval and implementation. Recent developments include the revision of the 2012 "National Quality Policy" in 2016 in order to reduce overlapping among bodies controlling the quality of imports. The Burkina Standardization and Metrology Agency (ABNORM) was set up in July 2012 following the amalgamation of the Directorate‑General of Quality and Metrology and the Standardization and Quality Promotion Directorate (FASONORM), but the change in national enquiry point has not yet been notified to the WTO.[29] ABNORM is responsible for implementing national policy on standardization, certification, quality control and promotion, metrology and accreditation
3.30. ABNORM is tasked with drawing up national standards from the identification of needs right through to approval. The general interest is protected by establishing technical committees composed of various stakeholders and by holding public consultations. Approved draft standards become the subject of an approval order, which specifies whether the standard is to be mandatory (technical regulation). In May 2017, 313 Burkina national standards were in effect, 311 of which were mandatory. The standards in force are revised every five years
3.31. As far as certification is concerned, the implementing texts lay down the criteria for issuing the national mark showing conformity with standards and the procedures for intervention by certifying bodies in Burkina Faso, including their approval and monitoring of their activities. A decree determining the criteria for using the national conformity mark was enacted in 2016[30], while the product certification procedure was being put in place. For accreditation, the countries concerned have set up the West African Accreditation System (SOAC) (common report, section 3.3.2)
3.32. ABNORM also plays a role in implementing the national metrology and quality promotion policy. In addition to keeping the national reference standards, it is ensuring compliance with technical regulations on quality and metrology; controlling measuring instruments; and organizing training of economic operators in quality and metrology matters. As part of the WAEMU/ECOWAS "quality" programme (common report, section 4.3), Burkina Faso hosts the regional reference standards laboratory for temperature
3.33. At the import stage, ABNORM checks that non‑food products comply with national and international standards by means of visual, documentary or analytical inspection, in conformity with the WTO Agreements according to the authorities. It issues a national conformity certificate (CNC), which is required for customs clearance. It is also responsible for monitoring product quality on domestic markets. It may take up to three samples of any imported product within its competence. In some cases, it carries out a preliminary analysis of samples of products requiring a CNC before issuing an import authorization; a similar document is issued by the Directorate of Plant Protection and Market Preparation (DPVC) for seed and seedlings. When the consignment arrives at the customs cordon, ABNORM takes a fresh sample with a view to issuing a CNC
3.34. The Directorate of Metrology, Quality Control and Fraud Prevention within the Ministry of Trade is responsible for enforcing packaging, marking and labelling requirements (Table 3.5). These requirements are very old and could usefully be reviewed in order to make them effective without constituting barriers to trade
3.35. Pursuant to Decree No. 92‑487 of 26 August 1992 on the labelling and presentation of food, the label must indicate: sales name; list of ingredients; net quantity; sell-by date and specific storage conditions; name and address of the manufacturer, packager or seller; place of origin or of provenance, or both of these in the case of re‑packaged goods; instructions for use, whenever these are necessary to ensure appropriate use of the product, and, where applicable, specific conditions of use, particularly precautions
3.36. Guinea‑Bissau does not yet have any legislative framework governing standardization and transposing the relevant community provisions. The Directorate of Standardization and Quality Promotion Services (Direcao de servios de normalizao e promoo da qualidade (DSNPQ)) is the national enquiry point for the purposes of technical barriers to trade.[20] In principle, the standards and technical regulations approved at the WAEMU level, as well as the community accreditation system, apply in Guinea‑Bissau
3.41. Fifteen years after the legislation on standardization[64] was adopted, the mechanism for controlling the quality of products put up for sale in Niger, including imports, has still not become operational, despite the establishment of the National Standards Conformity Verification Agency (AVCN) in 2008. The purpose of the Agency is to "control the quality of Niger's imports and exports so as to protect consumers, ensure that trade practices are fair and promote performance by enterprises".[65] The official services and the press report large and frequent imports of harmful products, which is the reason for several measures prohibiting imports (section 3.1.4)
3.42. According to the authorities, continued significant imports of counterfeit goods would justify the intention to introduce a programme to verify the quality of imports. The purpose of such a programme would be to inspect the quality of products before they are shipped and to control those already on sale. In 2014, new procedures for inspecting and verifying conformity were introduced, but then repealed in 2016[66] because of discontent among traders importing goods. In May 2017, a text re-instating the programme for verifying imported and local products was before the Government for adoption
3.43. There have been some important changes to Mali's institutional framework for standardization since the previous review. The Malian Standardization and Quality Promotion Agency (AMANORM) was established in 2012 within the Ministry responsible for industry, with the main task of ensuring implementation of domestic standardization and quality promotion policy. It is the national enquiry point for the WTO Agreement on Technical Barriers to Trade (TBT) and, as such, is responsible for providing information on standards and technical regulations
Niger's main problem in terms of controlling the quality of products is that the country does not have an accredited laboratory to perform be it a minimal analysis of imported goods. The analysis or assessment of the presence or percentage of pesticide residues in certain foods cannot currently be conducted in existing facilities. The AVCN and the Directorate of Standardization, Quality Promotion and Metrology (DNPQM), the standardization body within the Ministry responsible for industry, which is the Agency's main source of standards and technical regulations, need capacity‑building assistance. The DNPQM has a metrology laboratory which has begun the accreditation process
3.44. In 2013, Cte d'Ivoire implemented a new legal framework on standardization, which makes explicit reference to the provisions of the WTO Agreement on Technical Barriers to Trade, and to the relevant WAEMU provisions.[59] Cte d'Ivoire Normalisation (CODINORM), an association set up in 1992 by the private sector and including State representatives, comprised 178 enterprises in February 2017.[60] CODINORM's technical activities are carried out by a permanent operational structure of 25 members, of whom eight are engineers or similar. It is supervised by the Ivorian Standardization Committee (CIN)
In 2015, Mali adopted its national quality promotion policy in order to make its production sector competitive by reinforcing its development infrastructure and controlling quality standards, as well as by adopting good practices with regard to the relevant international requirements. This policy constitutes the national component for WAEMU's "quality" programme (common report, section 3.3.2)
Niger's standards are prepared in technical committees and then put before the National Standardization Council (CNN) for approval before they are adopted by the Minister responsible for industry and the relevant Order is published in the Official Journal.[67] The DNPQM acts as the Secretariat for the CNN and is the national enquiry point for the purposes of the WTO Agreement on Technical Barriers to Trade (TBT).[68] The CNN is composed of representatives of government authorities, the CCIN, consumers' associations, importers and exporters, and professional associations.[69] At May 2017, some 40 standards were in force
3.45. In Cte d'Ivoire, standards (non‑binding) may be made binding (technical regulations) by decree, after endorsement by the CIN. In May 2017, Cte d'Ivoire had 2,000 such standards and 132 technical regulations, covering 14 families of products.[61] Cte d'Ivoire has not submitted any notifications to the WTO in this area since 2010.[62]
Law No. 92‑013/AN‑RM of 17 September 1992 and its implementing Decree No. 92‑235/P‑RM of 1 December 1992 still govern the standardization system. Mali has accepted the WTO Code of good practice for the preparation, adoption and application of standards. A proposal for a standard may be made by government authorities, consumers' associations, or economic operators (producers). Within AMANOR, the National Standardization and Quality Control Council (CNNCQ) coordinates all activities relating to the adoption of standards/technical regulations. It adopts draft national standards after ascertaining that the procedures laid down for their preparation have been observed and that all parties concerned have had an opportunity to express their views. Twelve technical standardization committees are responsible for preparing and revising national standards in the following areas: cereals and cereal preparations; fruit, vegetables and oilseeds; textiles, hides and skins; chemicals and the environment; civil engineering and building materials; foodstuffs of animal origin; electrotechnical industry; transport; biofuels; national education; hotels and restaurants, tourism; and health and public hygiene. Draft standards prepared by the technical committees have to undergo a public consultation stage lasting at least three months in order to receive comments from all stakeholders. At this stage, draft standards are published in the most widely circulated newspapers in Mali and on the websites of AMANORM and the Ministry responsible for industry. Once the comments received as a result of the public consultation have been received, the draft standard is sent to the CNNCQ for adoption. In the final stage of the adoption procedure, an order from the Minister responsible for industry publishes the standard in the Official Journal. For technical regulations, an interministerial order has to be adopted to make its application mandatory
The application of Niger's standards may be made mandatory[70], in which case the technical regulation is adopted by means of a joint order of the Minister responsible for standardization and the Minister responsible for the domain in question. The following technical regulations have been adopted in Niger, although they have not been notified to the WTO: Joint Order No. 89/MM/DI/MSP/MF of 31 May 2012 mandating Niger's standard on common wheat flour enriched with iron and folic acid; Joint Order No. 65/MM/DI/MSP/MF of 25 April 2012 mandating Niger's standards on refined edible palm, palm nut and groundnut oil enriched with vitamin A; Interministerial Order No. 116/MSP/CM/PSP/MMDI/DF of 25 March 2014 on criteria for the production, import and marketing of salt in Niger; Order No. 060/MC/I/N/DNQM of 24 November 2008 regulating the manufacture of soap in Niger; and Order No. 053/MC/I/N/DNQM of 28 October 2008 regulating the manufacture of bread in Niger
3.46. CODINORM provides NI (Ivorian standard) certifications, which are valid for three years, and conformity tests (valid one to three months). However, as compliance with the standards, and more particularly the technical regulations, is not fully ensured, few enterprises (around 150 in 2015, out of more than 5,000 enterprises in the Trade Register) have recourse to conformity testing and quality control, which affects enterprises' capacity to meet the requirements of international markets
According to the authorities, by 2016 AMANORM had drawn up 391 national standards in conformity with the relevant international standards in the following areas: cereals and cereal preparations; fruit, vegetables and oilseeds; textiles, hides and skins; chemicals and the environment; civil engineering and building materials; foodstuffs of animal origin; electrotechnical industry; transport; biofuels; and hotels and restaurants and tourism.[27]
3.47. CODINORM represents Cte d'Ivoire in regional and international standardization bodies, and acts as the national enquiry point for standards and technical barriers to trade (TBT) for the WTO. CODINORM's stated objective is the widespread adoption of international standards and technical regulations, and the acceptance of conformity tests carried out and conformity certificates issued by accredited bodies, as long as the standards and regulations in question have been deemed equivalent to those in force in Cte d'Ivoire. It is reported that an office of the West African Accreditation System (SOAC), the ECOWAS regional accreditation body, is currently being set up in Cte d'Ivoire
The technical regulations in effect cover, inter alia, iodized salt (Interministerial Order No. 99‑1622/MSPAS/MICA/MF‑SG of 12 May 1999), wastewater discharge (Interministerial Order No. 09‑0767/MEA‑MEIC‑MEME‑SG of 6 April 2009), and edible oils (Interministerial Order No. 2017‑0010/MDI‑MEF‑MSHP‑MC/SG of 12 January 2017)
3.48. For the importation of certain regulated products (e.g. medicaments and vehicles), it is necessary to present a conformity certificate at Customs, attesting to their conformity with the technical regulations. According to Bureau Veritas France's website, in July 2014 Cte d'Ivoire tasked the firm with implementing a programme for checking the conformity of imported goods with the standards and technical regulations. Bureau Veritas would carry out, in the export countries, verification of the conformity of goods with the national and/or international standards, to enable them to be imported into Cte d'Ivoire. This relates to: food products, electrical and electronic products, chemical products, cosmetic and body hygiene products, building materials, packaging products, spare parts and accessories for automobiles and lubricants, machinery (lifting equipment, etc.), pressure equipment, personal protective equipment, gas apparatus, textiles, footwear, toys, pharmaceutical products and used products. At May 2017, the programme had not yet started since the decree to approve the relevant contract had not been adopted
There have been no major changes to Senegal's standardization regime. The Senegalese Standardization Association (ASN) is in charge of standardization, quality promotion and certification of products. It is the national enquiry point for the purposes of the WTO Agreement on Technical Barriers to Trade and also keeps Senegal's standards database. It has 16 technical committees, each organized into sub‑committees. The State remains the main contributor (55% of its financing in 2016). Other sources of financing include subscriptions from members (15%); studies on standards and advice (15%); and the sale of publications on standards (10%). The private sector is represented on ASN's decision‑making bodies and occupies six of the ten seats on its Governing Board
Togo has not submitted any notification to the Committee on Technical Barriers to Trade (TBT) concerning its standardization regime or accreditation procedures. The Foreign Trade Directorate is the enquiry point for the purposes of the TBT Agreement
For conformity assessment and certification of the standards applicable, Mali has AMANORM as its national body for certifying the "MN" trademark, as well as several laboratories, of which only the National Health Laboratory (LNS) was accredited by the TUNAC in June 2013 in respect of food microbiology
3.49. Standardization is governed by Framework Law No. 2009‑016[54], which transposed the relevant community provisions. The legislation provides for the creation of the Togolese Standardization Agency[55]; the Togolese Approval Committee; the Togolese Metrology Agency; the Togolese Quality Promotion Agency; and the High Authority for Quality and the Environment.[56] These institutions have not yet been set up. Standardization is the responsibility of the Directorate of Standardization, Industrial Metrology and Quality Promotion
The ASN belongs to the African Organization for Standardization (ARSO), the African Electrotechnical Standardization Commission (AFSEC) and the International Organization for Standardization (ISO).[62] It also participates in the Affiliate Country Programme of the International Electrotechnical Commission (IEC). At the community level, it takes part in the activities of the Regional Standardization, Certification and Quality Promotion Secretariat (WAEMU) and the ECOWAS Technical Standardization Committee (common report, section 3.3.2)
Capacity in terms of metrology remains limited. In 2017, Mali set up the Malian Metrology Institute (AMAM) to implement domestic policy on metrology.[28] AMAM is a government institution of an administrative nature with its own legal status and independent management. The following are among its tasks: to participate in preparing metrology standards, to manage the National Metrology Laboratory, to give its opinion on metrology matters and to ensure metrological surveillance
3.50. On 21 June 2017, Senegal's catalogue listed 518 standards (including those established by WAEMU). The areas with the largest number of standards are the agri‑food industry, construction and civil engineering, the environment, and the electrotechnical industry.[63] Some 30 technical regulations are in force, but have not all been notified to the WTO (Table 3.4). Various directorates and institutions in charge of the relevant areas are responsible for verifying conformity with technical regulations. The certificates and authorizations issued by these agencies form part of the admissibility criteria for customs declarations
Mali has not yet signed any mutual recognition agreement with its trading partners
Any interested person residing in Togo may propose a standard. In principle, standards are drawn up by technical committees, although these are not yet operating. Togo does not have any national standards and utilizes the international standards adopted by ISO and the Codex Alimentarius. In general, the Ministries concerned adopt the relevant technical regulations without any coordination at the national level. Consequently, no detailed information on all the technical regulations in effect is available. The National Standardization Directorate is aware of technical regulations on reinforcing steel, enriched flour, enriched oil and iodized salt. In principle, importers of reinforcing steel must have it controlled by the National Building and Public Works Laboratory at their own expense. Likewise, oil and flour must be enriched before they are imported. In practice, there is no mechanism for systematic control of these products
3.51. In 2016, Senegal notified the WTO of a draft standard for specifications and requirements in respect of biodegradable packaging.[64] The standard was adopted and became a technical regulation
Togo has not signed any mutual recognition agreements and does not have any environmental standards in force
3.52. The procedure for adopting a standard commences with an examination of its usefulness by the ASN. If there is no pertinent international standard, the ASN draws up a preliminary draft standard, which is then forwarded to the competent technical committee. If the technical committee approves the preliminary draft, a period of 30 days commences for a public enquiry. This may be reduced to ten days in emergencies. At the end of the consultation period, the draft standard is updated and submitted once again to the technical committee for endorsement. The standard is then approved by the ASN's Governing Board and published in the Official Journal. A standard becomes a technical regulation by means of an interministerial order (or presidential decree)
During the review period, Togo reinforced its labelling and packaging requirements for tobacco products and by‑products.[57] If they are intended for sale in Togo, they must be in packets indicating "Only authorized for sale in Togo". Packets containing tobacco and its by‑products must bear health warnings in French and in w (and if possible in kaby) on 65% of the back and front of the packet. They must also provide information on the composition and toxic emissions of the packaged product. No other quantitative or qualitative information is permitted. Packets for consumption must contain 20 cigarettes or a minimum of 10 grams of finely shredded tobacco. Their presentation and labelling must not contain any information likely to encourage the consumption of tobacco. For example, they may not contain words such as "low tar content", "light", "ultra‑light" or "smooth"
3.53. The ASN also promotes quality in Senegal; after being certified, a product may be given a national mark showing conformity with Senegalese standards. The national mark of conformity with Senegalese standards is "NS Qualit Sngal", which is administered by the ASN as part of its product certification activities. The cost of the certification procedure depends on the product and the type of testing required. So far, only crude groundnut oil has been certified for this purpose. The certification procedure for water in plastic bags is under way. Senegal has not signed any mutual recognition agreements
Standards are in place for the packaging and labelling of exports of coffee, cocoa and seed cotton. Coffee and cocoa must be packed in jute sacks of 60 kg and 70 kg respectively. The sacks must indicate in French the type of product, its Togolese origin, its quality or grade, the identification number of the exporter and the loading port. For coffee, the International Coffee Organization identification number is also required. Certification is based on the standards of the French Standards Agency with certificates being issued by the metrology service
3.54. As regards metrology, in 2012, Senegal established a national calibration laboratory, but it does not yet have any legal status and, consequently, cannot issue calibration certificates
Other labelling regulations apply to reinforcing steel (mark identifying the factory where it was manufactured) and cotton
3.55. Pre‑packaged foodstuffs must be labelled according to the relevant Codex standard.[65] Some products must indicate "Vente au Sngal" (for sale in Senegal). This applies to boxes of matches and cigarettes; bottles of beverages exceeding 20o proof; R20‑type electric batteries; packaging for household candles; and "Lgos" and "Wax" printed fabrics. Requirements regarding wrapping, packaging, labelling and marking are governed by the provisions of Decree No. 68‑507 of 7 May 1968, and by the relevant standards in the Codex Alimentarius. Indications must be in French
3.57. There have been some changes to the institutional framework for standardization since Benin's previous TPR. From 2010 to the end of 2016, under the supervision of the Ministry responsible for industry, the Beninese Standardization and Quality Management Agency (ABENOR) was responsible for drawing up, implementing and monitoring/following up the national policy on standardization, certification and quality promotion in Benin.[32] The Beninese Metrology and Quality Control Agency (ABMCQ), under the supervision of the Ministry responsible for industry and trade, was in charge of controlling measuring instruments, expertise and metrological control of industrial machinery and the scheme for accrediting food analysis laboratories
3.58. In January 2017, ABENOR and ABMCQ were amalgamated to form the National Metrology Standardization and Quality Control Agency (ANM), which is the enquiry point for the Agreement on Technical Barriers to Trade (TBT), even though it has not yet been notified as such to the WTO
3.59. Standardization initiatives may come from public authorities, consumers' associations or producers. Under the ANM, the National Standardization and Quality Management Council coordinates technical questions concerning normalization and certification activities and support for accreditation. When a request for the introduction of a standard is received, the file is forwarded to the competent technical committee. In 2016, there were eight technical committees dealing with the following areas: agriculture and agricultural products, building and public works, food products, electricity and electrical equipment, chemicals, textiles, pharmaceuticals and cosmetics. These technical committees are responsible for preparing standards. Draft standards go through a public enquiry phase in order to receive amendments from the actors involved. After this phase, the technical committees adopt the draft standards. Lastly, an order from the Minister responsible for industry publishes the standard in the Official Journal. Benin has accepted Annex III to the WTO Agreement on Technical Barriers to Trade.[33]
3.60. According to the authorities, there were 251 national standards in force in Benin in March 2017 and no national technical regulation had been introduced. The Beninese authorities apply international technical regulations to protect animal, plant and consumer health (section 3.3.3). The conformity of imports with mandatory standards (technical regulations) has to be certified by a body recognized by Benin. For example, the inspection of processed food is supervised by the Directorate of Food and Applied Nutrition (DANA), which has its own laboratory. In addition, the National Public Health Laboratory (LNSP), under the Ministry responsible for health, is in charge of food metrology, and the Laboratory of Earth, Water and Environmental Sciences (LSSEE) is responsible for analysing soil, water and fisheries products
3.61. Other agencies responsible for implementation and verification of conformity include the National Centre for Public Works Testing and Research (CNER‑TP), under the supervision of the Minister responsible for public works and transport; the Energy Directorate in the Ministry responsible for mining, energy and water resources; and the Directorate of Pharmacy, Medicines and Diagnostic Tests in the Ministry responsible for health
3.62. There is a mutual recognition agreement between Benin and Nigeria on standardization, accreditation and certification, although its provisions have never been implemented