3.100.  List B products are goods that pose less of a risk to the consumer than those on List A. This list comprises mainly articles of clothing, yarns and fabrics and, to a lesser extent, paper and paperboard, products of iron and steel, and a large number of electrical machines and appliances also produced locally. List B products are controlled by the Customs, which, until 2010, made sure that the goods were accompanied by a certificate of conformity with the relevant technical regulations. The conformity certificate was abolished in 2010

3.101.  List C products are controlled by examining the conformity of the products imported with the specific conditions laid down in the relevant specifications and containing the technical regulations to be observed in order to market the good (or service) in question. It may also be necessary to take samples and carry out analyses and tests. The goods concerned are mainly agri‑food and mineral products; the specifications mostly relate to storage requirements. For example, importers of grain maize (corn) and soya cake must undertake to maintain stocks equal to one sixth of their annual import programme.[129] In the case of vehicles, the specifications relate to such requirements as after‑sales service

3.102.  In order to make the technical control procedures even simpler, the authorities are planning to introduce a computerized integrated risk management system for each of the agencies responsible for technical control, together with an online database of regulations on technical control of imports and exports. Shortening the list of products subject to technical control by removing low‑risk products is also one of the authorities' stated objectives

3.103.  From January 2005 to the end of 2015, Tunisia made 16 notifications to the WTO's TBT Committee, of which nine concerned the establishment or amendment of Tunisian technical regulations.[130] The other seven notifications concerned new regulations or harmonization of Tunisian regulations with European and international legislation such as the draft order on labelling and the presentation of pre‑packaged foods according to the CODEX standards and European directives.[131] Tunisia has not been party to any dispute relating to the TBT Agreement

3.104.  A single trade concern related to the technical regulation measures applied by Tunisia has been brought to the Committee's attention. It was raised by the EU and concerns the labelling and presentation of pre‑packaged foods notified by Tunisia to the WTO.[132] Comments on a number of points relating to this measure were forwarded to Tunisia on 16 October 2008, but did not meet with any response

3.105.  Apart from the laws and regulations described in Section 3.1.6.1, the phytosanitary measures applied by Tunisia are mostly based on a 1992 law, amended in 1999 and 2001, and its Orders.[133]

3.106.  Veterinary sanitary control at the border is governed by Law No. 99‑24 of 9 March 1999.[134] A number of legal provisions have been introduced since 2010 relating to the sanitary control and monitoring of the conditions of production of fishery products[135]; the phytosanitary requirements and the sanitary conditions for the creation of facilities for the treatment, processing and storage of meat and offal[136]; as well as the procedures for the control of plants and plant products imported into Tunisia and their conformity with the International Plant Protection Convention (IPPC).[137] The Order of 3 June 2011 fixes the amount and the procedures for the payment of contributions collected on behalf of the State to cover fees relating to the sanitary control of plants and the various analyses and pesticide‑related operations.[138]

3.107.  SPS measures (within the meaning of Annex I to the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)) are generally taken on the initiative of the Ministry responsible for agriculture (MARHP) (Section 4.1). The Tunisian enquiry points for SPS matters are the MARHP and the Ministry of Trade, the latter also being responsible for notifications.[139]

3.108.  Tunisia is a member of the World Organisation for Animal Health (OIE). In the area of plant protection, it has signed the IPPC and belongs to the FAO and the European and Mediterranean Plant Protection Organization (EPPO); the Near East Plant Protection Organization (NEPPO); the FAO/WHO Codex Alimentarius Commission; and the International Union for the Protection of New Varieties of Plants (UPOV). Import restrictions may be imposed pursuant to other conventions signed by Tunisia (for example, CITES)

3.109.  Tunisia had never previously notified the WTO of its national sanitary and phytosanitary measures, but submitted its first two notifications in 2015. They concern all its trading partners and relate to a draft order setting maximum limits for the migration of lead and cadmium into ceramic articles and materials that may enter into contact with food, taking into account ISO standards.[140] Since 1995, Members have not expressed any concerns with regard to Tunisia in relation to the SPS Agreement

3.110.  Special certificates are required for importing animals and plants: for example, a certificate of purity/health and origin for live animals, meat, raw hides, vegetables, food additives, animal feed, beverages and other food products; and a certificate of origin and safety for bees and honey. A certificate of non‑contamination by radioactivity is also required for imports of food products and animal feed

3.111.  For plants, parts of plants and plant products, the phytosanitary certificate issued by the plant protection service in the exporting country must be in conformity with the IPPC model and must be in Arabic, French or English. Since 2013, the certificate has also had to include an additional country of origin declaration for some plants.[141] A phytosanitary certificate or inspection is not required for agricultural products that have been processed, for example, oils, vegetable fats, brine, preserved foods, starch and flour, agricultural products intended for processing such as coffee, cocoa and hops, spices, condiments and incense.[142]

3.112.  The importation of live animals carrying any of the contagious diseases listed by decree is prohibited.[143] When live animals are imported, the sanitary status of the exporting country is taken into account or, failing that, the status of the region, then the farm and, finally, the animal, in accordance with OIE resolutions. Production livestock may only be imported from countries/regions free of the diseases on the OIE's List A specific to the species. The Orders of the Minister responsible for agriculture of 31 May 2012 establish the lists of quarantine bodies and of plants and plant products barred from entry into Tunisian territory.[144]

3.113.  An authorization to manufacture, import, formulate, package, sell or distribute pesticides for agricultural use requires a diploma as an agronomist, chemical engineer, pharmacist or the possession of a degree in chemistry or equivalent diploma; or a diploma granted by an agricultural or public health college, after training in entomology, phytopathology, pesticide products and techniques for their application, and general principles of the toxicology of pesticides.[145]

3.114.  Conformity assessment is the responsibility of the veterinary service at the border for animal products and of the phytosanitary control service for plants and plant products. Tunisia has 27 border posts (land, sea and air) with on‑the‑spot inspectors

3.115.  In the case of plants, documentary checks focus on the conformity of the phytosanitary certificate of origin. Tunisia states that it applies international standards as regards import and export procedures. Visual inspection and sampling for laboratory analysis are carried out in order to detect any harmful organisms. Plants for reproduction, such as seeds, are subject to mandatory sampling. Analyses are also carried out on the basis of an assessment of the risk of introducing diseases or destructive pests. If there are no pests or diseases requiring quarantine, the consignments checked are admitted subject to monitoring of their phytosanitary status. The National Plant Protection Company (SONAPROV), under the supervision of the Ministry responsible for agriculture[146], is a government‑owned company whose role is to conduct studies, develop treatments and combat crop parasites

3.116.  Animal products are subject to a three‑stage veterinary sanitary control process: first, the documents are checked and then verified to ensure that their content corresponds to the products imported; and, finally, there is a physical inspection to check the storage conditions, weight and packaging. It may be decided to conduct laboratory analyses

3.117.  Under its preferential agreements, Tunisia has embarked on negotiations with the EU on a deep and comprehensive free trade agreement (DCFTA) containing a section on SPS measures. Tunisia has received assistance from the EU on SPS matters with the aim of promoting the transfer of technical know‑how in the field and helping to establish governance frameworks and appropriate infrastructure so as to boost access to the EU and other markets.[147]

3.118.  The main legislative texts relating to environmental protection and conservation of natural resources are: Decree No. 91‑362 of 13 March 1991 on the prior preparation of environmental impact studies for new projects; Law No. 94‑122 of 28 November 1994 enacting the Regional and Urban Development Code; Law No. 95‑75 of 7 August 1995 authorizing the accession of the Tunisian Republic to the Berne Convention on the Conservation of European Wildlife and Natural Habitats; and Law No. 96‑41 of 10 June 1996 on solid wastes. A draft environmental code is being prepared. In practice, Tunisia has only 30 inspectors on its entire territory

3.119.  On 11 October 1995, Tunisia acceded to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. In 1992, Tunisia ratified the Bamako Convention on the Ban of the Import into Africa of Hazardous Wastes and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa. The importation of hazardous wastes, within the meaning of the national legislation, is strictly prohibited. The Notice published in the Official Journal of 28 September 2010 sets out, in Annexes 1 and 2, the list of hazardous chemicals and acids subject to prior import authorization.[148]

3.120.  Tunisia has also ratified the Stockholm Convention on Persistent Organic Pollutants of 17 June 2004. Under the provisions of that Convention (Article 3), Parties prohibit the production, use, import and export of chemicals covered by the Convention. In October 2015, Tunisia ratified the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. Tunisia has ratified the London Convention (1973) and Barcelona Convention (1976) to combat pollution. However, it appears that there continue to be problems in relation to phosphate mining (Section 4.2)

3.121.  Tunisia has ratified the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The importation of species of fauna and flora listed in CITES Appendix I requires an import permit issued by the Ministry responsible for agriculture. According to the Forestry Code, all species are subject to an import permit. The Ministry responsible for forests (MARHP) examines applications to import animal or plant species and may grant or deny authorization for their importation. Products covered by the Montreal Protocol on CFCs (chlorofluorocarbons) are subject to an import licence issued by the National Environmental Protection Agency

3.122.  In 2015, there were still no laws or regulations on the non‑human applications of genetic engineering or on the use of genetically modified organisms (GMOs) in food production, although draft legislation is under study. The use of GMOs in food products is not subject to authorization and there are no special requirements concerning the labelling of food obtained from GMOs. However, Tunisia, as a contracting party to the Convention on Biological Diversity and the Cartagena Protocol on the prevention of biotechnological risks, is in the process of finalizing a national legal framework that will make it possible to regulate genetically modified species. A Commission has been set up and draft legislation is being prepared, including components such as thresholds and labelling that are close to those provided for by the relevant EU legislation

3.123.  A 5% tax, established by the 2003 Finance Law, is levied on sales, including imports, of a range of generally imported products, namely, petroleum oils, polymers, centrifuges, and cells, batteries and accumulators, and chemicals. This tax goes towards two special treasury funds: 70% to the Pollution Cleanup Fund (FODEP) and 30% to the Fund for the Protection of Environmental Aesthetics (FPEE).[149]

3.124.  The Finance Law for 2008 broadened the scope of the tax to include some other products such as plastic tubing and pipes, bags and furniture.[150] The 2009 Finance Law broadened the scope of FODEP to cover the cost of fixed and operating expenses for the treatment of industrial and special wastes.[151] The 2014 Finance Law boosted FODEP's resources by allocating to it the proceeds of payments by contributors to the management schemes for lubricating oils and used oil filters.[152] A list of 27 products was added to the products to which the tax applies, such as extruded plastic tubing, hose and fittings, and pallets and netting in tubular form, as well as spark‑ignition alternating or rotary piston engines (internal combustion engines), and mechanotherapy devices; massage devices; psychotechnical devices; and ozone therapy, oxygen therapy, aerosol therapy, artificial respiration and other therapeutic respiration apparatus.[153]

3.125.  The 2014 Finance Law introduced two new taxes: a tax on energy products consumed, for which the product list and rate are set by decree, and a tax of TND 3/kg of weight of the engine or spare part upon importation of engines and used parts of tariff headings HS 8407, 8408, 8511 and 8708.[154] Since 2015, other taxes have been levied on a list of products such as used lubricating oils and used tyres

3.126.  The 1992 Law on Consumer Protection lays down the general principles on which the labelling and packaging measures are based. The Ministerial Order of 3 September 2008 on the labelling and presentation of pre‑packaged foods specifies the information that must appear on the labelling of all pre‑packaged foods. In particular the label must indicate: sales name; list of ingredients, quantity of certain ingredients or categories of ingredients; net quantity; date of manufacture; use‑by date; storage and use conditions; manufacturer's name and address; batch number; place of origin; and instructions for use (where necessary). In addition, Arabic must be one of the languages used for labelling food. The Order of September 2008 also includes provisions concerning labelling information and methods for pre‑packaged dietary foods and foods intended for special medical purposes

3.127.  Similar requirements apply to pharmaceutical products (including medicines) and, in the case of compounds, the name and percentage of each component must also be indicated. Decree No. 90‑1400 of 3 September 1990 establishes the rules of good practice for the manufacture of medicines intended for human consumption, quality control, packaging, labelling, sales name and the associated advertising. The Joint Order of 16 October 2009 establishes the procedures for the preparation, validation, dissemination and review of the criteria relating to eco‑labelling and the practical conditions for granting the Tunisian eco‑label and controlling its use.[155]

3.75.  Tunisia revised its standardization legislation in 2009 by adopting Law No. 2009‑38.[111] This new Law repealed Law No. 82‑66 on standardization and quality and abolished the status of approved Tunisian standard.[112] According to the authorities, the new legislation is consistent with WTO requirements and with the principles and practices of international and European standardization organizations. Standardization is also governed by Decree No. 2011‑1083 of 21 July 2011 on procedures for the drafting, approval, revision and cancellation of Tunisian standards.[113]

3.76.  Tunisia has signed the OECD Declaration on International Investment and Multinational Enterprises. It is also one of the seven pilot countries of the Marrakesh Process Task Force on sustainable procurement, aimed at accelerating the transition to sustainable forms of consumption and production

3.77.  The National Standards and Industrial Property Institute (INNORPI) was set up in 1982 under the supervision of the Ministry of Industry with the task of centralizing and coordinating all activities, studies and surveys concerning standardization, certification and industrial property; applying the overall guidelines for the national standardization system and managing it in coordination with the parties concerned; and issuing conformity certificates

3.78.  INNORPI is Tunisia's enquiry point for the purposes of the WTO Agreement on Technical Barriers to Trade (TBT Agreement); it has accepted the Code of Good Practice for the Preparation, Adoption and Application of Standards annexed to the TBT Agreement on behalf of its members. INNORPI is a member of, in particular, the International Organization for Standardization (ISO), the Commission of the Codex Alimentarius, the International Electrotechnical Commission (IEC), the Arab Industrial Development and Mining Organization (AIDMO), and the African Organisation for Standardisation (ARSO). It has been an affiliate of the European Committee for Standardization (CEN‑CENELEC) since January 2005 and a founding member of the Standards and Metrology Institute for Islamic Countries (SMIIC) since May 2010. Tunisia is also a member of the International Organization of Legal Metrology

3.79.  INNORPI is the national organization responsible for preparing and publishing Tunisian standards (NT). Its sphere of activity extends to voluntary standards but since 2009 it has no longer covered mandatory standards (technical regulations within the meaning of Annex I to the TBT Agreement. The legislation (Article 8 of Law No. 2009‑38) allows various ministries to regulate the products within their jurisdiction (for example, medical products, agri‑food products, telecommunications equipment)

3.80.  According to the authorities, NT certification of products is administered pursuant to Decree No. 85‑665 of 27 April 1985 on the system for certifying conformity with standards, amended by Decree No. 2002‑2861 of 29 October 2002, and also by ISO/IEC Guide 17065. In order to be able to use the NT mark, an application must be made to INNORPI, which proceeds to review the technical file and appoints a verification team. The latter conducts a preliminary on‑site examination and takes samples for testing in the laboratory chosen by INNORPI, which prepares a preliminary product certification verification. Depending on the results of the tests and the preliminary verification, an assessment report is forwarded to the technical committee. INNORPI's Director‑General decides whether or not to grant the applicant the right to use the mark, taking into account the opinion of the technical committee. If the final decision is positive, it is published on INNORPI's website. The right to use the mark is granted for a renewable term of one year, during which there is a monitoring programme in the form of periodic inspections

3.81.  A standardization programme is drawn up each year. Draft standards are prepared in technical standardization committees.[114] They form the subject of a two‑month public inquiry (through the official standardization bulletin), during which Tunisian or foreign citizens, enterprises and organizations may express their views by submitting proposals, comments or petitions.[115] The standards are simply registered and published on INNORPI's website. Technical regulations and conformity assessment procedures have to be approved by means of a joint order by the Minister responsible for industry and the competent minister for the sector. The orders are published in the Official Journal.[116]

3.82.  At end‑December 2015, there were 17,291 Tunisian standards in INNORPI's register, almost double the number in 2007. Around two thirds of these were analysis and testing standards, while the others were product specification standards, including those applicable to various manufacturing industries and, for example, to safety, metrology and labelling. Table 3.12 shows the trend in the number of standards since 2007

3.83.  According to INNORPI, 96% of Tunisian standards were equivalent to international (for example, ISO, IEC, EN) or French standards in 2015. It is deemed important for international standards to be adopted in order to boost the competitiveness of exports and observe quality requirements

3.84.  The strategy among enterprises is now to take as a basis standards on: quality management (ISO 9001); environmental management (ISO 14001 and the EU's Eco‑Management and Audit Scheme (EMAS)); occupational health and safety (OHSAS 18001); ecodesign (ISO/TR 14062), as well as the ISO 26000 standard, which is a tool for regulating social responsibility. Since 2004 "environmental assessment" has become mandatory and must be included when evaluating a business. The introduction of an environmental management system, quality certification or ISO 14001 certification is eligible for a subsidy of up to 70% of the cost of the intangible investment. An environmental upgrading programme targeted at firms in the private sector was also launched in 2001. The main beneficiaries are SMEs, and 100 of these joined the project between 2003 and 2006

3.85.  The reorganization of the national standardization system led to the enactment of Law No. 2005‑92 in October 2005, amending and supplementing Law No. 94‑70 of 20 June 1994 establishing a national system for the accreditation of conformity assessment bodies. The 2005 Law made the National Accreditation Council into a body still entitled the National Accreditation Council (TUNAC) under the supervision of the Ministry responsible for industry. The Council is a government institution with its own legal status and financial autonomy and is the sole authority responsible for accrediting conformity assessment bodies (testing laboratories, certification and inspection bodies). The Law sets out the criteria and procedures for accrediting conformity assessment bodies and provides for the creation of accreditation committees, together with an advisory arbitration committee to settle any disputes.[117] Decree No. 2006‑1210 concerns TUNAC's administrative and financial structure and its operating procedures.[118] Decree No. 2006‑1340 deals with conformity assessment bodies and the composition and functioning of the arbitration committee.[119]

3.86.  TUNAC has signed mutual recognition agreements with European Accreditation (EA)[120] and International Laboratory Accreditation Cooperation (ILAC)[121] on the accreditation of laboratories, and with the International Accreditation Forum (IAF)[122] on the accreditation of management system and environmental quality certification. These agreements have enabled TUNAC to extend its services to the international sphere. Indeed, 12 analytical laboratories have been accredited in line with ISO/IEC standard 17025 in five African countries and five testing laboratories in line with ISO/IEC standard 17025 have been accredited in Iraq and Saudi Arabia

3.87.  Tunisia has also signed mutual recognition agreements on certification with the following Arab countries: Libya in 2005 for all industrial goods and agri‑food products; Morocco in 2006 for industrial, agri‑food and pharmaceutical products; Syria in 2006 for industrial goods; Jordan in 2009 and Saudi Arabia. It has also signed a memorandum of understanding with Egypt on mutual recognition of industrial products in 2005

3.88.  It is planned to sign a mutual recognition agreement with the EU and for this purpose Tunisia has chosen to prepare an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) covering the electrical and mechanical industries and construction products in view of the extent of trade in these sectors and their development potential.[123] A national action plan was drawn up in 2005 and was implemented under the Industrial Modernization Programme (2003‑2009) and the second export development programme (PDE II) (2005‑2009). INNORPI and TUNAC have already started to participate in European organizations specializing, respectively, in standardization (CEN‑CENELEC) and accreditation (EA). TUNAC signed a bilateral agreement with EA in June 2008 to allow recognition of its accreditation in relation to analysis, testing and calibration. A twinning project for "Support to the Tunisian administration for the preparation of agreements with the EU on conformity assessment" lasting 27 months was completed in July 2009

3.89.  The steps required to conclude the ACAA were finalized under a programme in support of business competitiveness and market access facilitation (PCAM), lasting three years and with a budget of 23 million. The programme was launched in 2010 and concluded in February 2015. In particular, it assisted 400 businesses in setting up quality management benchmarks, including 40 businesses in moving towards CE marking and 300 businesses through technical and non‑technical coaching. It is planned to set up laboratories to complete the range of tests necessary for the application of European directives such as those on low voltage, electromagnetic compatibility and products for the building industry. In addition to the priority sectors selected by Tunisia, this agreement might be expanded to include other industrial sectors, for example the agri‑food industry and packaging

3.90.  According to the authorities, the trade agreements signed by Tunisia reaffirm the provisions in the TBT Agreement as regards standardization, technical regulations and conformity assessment procedures

3.91.  In general, self‑certification of conformity by suppliers or importers is not allowed. The Customs verifies the certificates and other technical documents and the competent ministries verify the documents and then the goods; these verifications are carried out electronically. According to the authorities, they do not overlap. Importers are then contacted for inspections or the taking of any samples to be sent to specialized laboratories which carry out all types of analysis and testing for the purposes of quality control or observance of technical regulations

3.92.  The authorities have revised the technical import regulations since 2010 in order to streamline technical control procedures, including the three predetermined lists of products for which control is virtually systematic. The goal is to issue authorization for release within 48 hours. Around 11% of all tariff lines (all products such as carpets, clothing, beverages, milling products and some food preparations) are subject to technical import control

3.93.  The systematic technical control documents from the Ministry of Trade have been handled electronically since 2005: documents are all dispatched and received electronically through the TTN single window at the Ministry of Finance. Work is under way to make all systematic technical control paperless. The goal is to enhance the efficiency and transparency of technical control procedures and thus lessen the time required to clear imports through customs

3.94.  The following goods have been exempt from technical import control since July 2010[124]: raw materials and semi‑finished goods for importers' professional use in connection with their industrial, agricultural, crafts or tourism activities; imported samples; advertising material for everyday use; goods intended for exhibitions and not for sale on the domestic market; imports by diplomatic missions; imports by the Tunisian Red Crescent; goods imported as gifts by the authorities and government administrative institutions; and returned goods

3.95.  The Decree of July 2010 introduced the principle of selectivity and risk management when examining and handling cases.[125] Henceforward, it is the technical service concerned which decides on the control method required in each case. This Decree provides for the expansion of the list of approved laboratories by including accredited private laboratories

3.96.  The Joint Order of 18 September 2010 gives operators the possibility of requesting a second examination of the goods and the Decree of July 2010 identifies the bodies authorized to carry out technical controls according to the nature of the goods (by body and by product). It also gives importers the possibility of bringing a product into conformity provided that the non‑conformity is not related to safety or consumer health aspects.[126] Moreover, its objective is to unify the technical import control procedures, which are henceforward determined in a joint order and not in a decision as was previously the case. The "free sale certificate" was abolished by the Joint Order of 18 September 2010. Consequently, the original copies of the documents required are no longer needed for technical control, unless there is any doubt. Lastly, the Order allows the documents to be submitted prior to arrival of the goods and before embarking upon customs formalities so as to speed up the technical control procedures.[127]

3.97.  The changes have also resulted in a certain decrease in the number of products subject to technical import control. The Order of the Ministry of Trade and Crafts of 15 September 2005 specifies the list of products subject to technical import control.[128] Lists A, B and C in the 2005 Order concern three types of control depending on the nature of the product. Controls are generally conducted at the site of customs clearance before the Customs authorizes release of the goods: products on list A are systematically controlled; those on list B require a conformity certificate; and those on list C must meet specifications

3.98.  The products on list A are systematically controlled by the relevant technical service, which may do this on the basis of the documents, or possibly by receiving samples or taking samples for analysis and testing. For medicines, cosmetics and vaccines, each batch is controlled. According to the authorities, the purpose of the control, which must not exceed 24 hours for provisional authorization for release and three days for authorization to put up for sale, is to guarantee the safety and health of consumers and to detect any problems of unfair competition, including counterfeiting. Physical and analytical controls, however, depend on the time taken in the laboratory. Any importer of products subject to systematic technical control must file a dossier with the relevant service prior to arrival of the goods or at the latest before commencing customs formalities in order to obtain an authorization to market the goods

3.99.  In 2015, the products in list A covered almost 1,900 tariff lines (11% of all lines). Those most frequently controlled were agri‑food products, cosmetics and domestic electrical appliances. The relevant technical services are supervised by the Ministries responsible for agriculture, industry, trade and public health (Table 3.13). The following are some of the products removed from list A since the previous TPR: particle board, paper and paperboard, Koranic books, bolts, razors, sound reproduction appliances and microscopes. Some products which did not previously appear on the list have been added, for example, chlorine, containers for compressed or liquefied gas, filters for hemodialysis, carriers, washing machines and tanks for gaseous fuel