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Restricted World Trade Organization Organisation WORLD TRADE ORGANIZATION RESTRICTED ORGANISATION MONDIALE DU COMMERCE WT/ACC/CHN/21 ORGANIZACIÓN MUNDIAL DEL COMERCIO 19 June 2000 (00-2445) Working Party on the Accession of China Original: English/ anglais/ inglés COMMUNICATION FROM CHINA In preparation for the Working Party meeting to be held on 19-23 June 2000, the Chinese Delegation has submitted the following documents1: - Checklist of Illustrative SPS Issues for Consideration in Accessions 12 June 2000 - Products Subject to Inspection for Compliance with SPS Measures 12 June 2000 Groupe de travail de l'accession de la Chine COMMUNICATION DE LA CHINE En vue de la réunion du Groupe de travail qui aura lieu du 19 au 23 juin 2000, la délégation chinoise a communiqué les documents ci-après1: - Liste exemplative de questions relatives aux mesures SPS à examiner 12 juin 2000 dans le cadre des accessions - Produits soumis à inspection aux fins du respect des mesures SPS 12 juin 2000 Grupo de Trabajo sobre la Adhesión de China COMUNICACIÓN DE CHINA Para preparar la reunión del Grupo de Trabajo que se celebrará del 19 al 23 de junio de 2000, la delegación china ha presentado los siguientes documentos1: - Lista ilustrativa de cuestiones en materia de medidas sanitarias y 12 de junio de 2000 fitosanitarias para su consideración en el proceso de adhesión - Productos sujetos a la inspección relativa al cumplimiento de medidas 12 de junio de 2000 sanitarias y fitosanitarias 1In English only./En anglais seulement./En inglés solamente. WT/ACC/CHN/21 Page 2 Checklist of Illustrative SPS Issues for Consideration in Accessions The People's Republic of China 12 June 2000 Commitments(by the time of WTO Reference accession) 1. Standstill: the introduction of new All Chinese laws and regulations concerning SPS, and standards, animal health regulations and rules developed by State Administration for Entry-Exit food safety regulations shall conform to Inspection & Quarantine of People’s Republic of China SPS Agreement principles. (CIQ SA) prescribe that any newly-developed SPS standards, regulations and procedures concerning animal health and food safety shall comply with the principles of the SPS Agreement. 2. Establishment and operation of a China has established SPS enquiry point, which is housed single Contact Point for Information CIQ SA. This has been informed to the WTO secretariat. ("inquiry point"). (The former CAPQ has been integrated into CIQ SA.) Address of the Chinese SPS enquiry point: CIQ SA 3. Transparency: notification and Documents can be obtained directly by the following two access to documentation: channels: 1. The Gazette of Ministry of Foreign Trade and Economic Cooperation (MOFTEC); 2. Chinese SPS enquiry point. (a) identification of authority CIQ SA is the governing authority for SPS affairs in China. responsible for making notifications to CIQ SA is also responsible for the implementation of the the WTO and ensuring transparency transparency provisions stipulated in the SPS Agreement. obligations are met on an ongoing basis; (b) establish guidance or law requiring Article 34 and Article 35 of the Law of Legislation of the publication of proposed measures at an People’s Republic of China (hereinafter referred as early stage for comment; Legislation Law) stipulate that the operational arm of National People’s Congress shall distribute the drafts of the legal documents under deliberation to government agencies, organizations concerned and experts for comments. Drafts of legal documents of special importance shall be made public for extensive comments. The common practice in China is always to ask for comments repeatedly when SPS regulations are being drafted. According to the SPS Agreement, China will establish relevant rules to govern soliciting public comments when regulations are being drafted. (c) provision in law or administrative As SPS agreement requires, Chinese SPS inquiry point procedure to provide copies of proposed shall notify other Members through WTO secretariat measures to WTO Members; and relevant SPS measures to be taken, and provide copies of the documents upon request. Relevant laws or administrative procedures are to be worked out. WT/ACC/CHN/21 Page 3 Commitments(by the time of WTO Reference accession) (d) require in law or administrative Article 34 and Article 35 of the Legislation Law stipulate procedure, a reasonable period of time that the operational arm of National People’s Congress for comment from Members and the shall distribute the drafts of the legal documents under public, and establishment of a process to deliberation to government agencies, organizations take comments into account without concerned and experts for comments. Drafts of legal discrimination. documents of special importance shall be made public for extensive comments. Article 4, Article 5, Article 6 and Article 7 of the Law of the People’s Republic of China on Foreign Trade have provisions about non-discrimination, national treatment and Most Favored Nation status. Article 9 of Provisional Rules of Implementation for Provisions to Work out Administrative Regulations promulgated by the State Council also has similar contents. 4. Necessity: measures are applied only All Chinese laws and regulations concerning SPS stipulate to the extent necessary to protect that SPS measures shall be applied only to the extent human, animal or plant health. necessary to protect human, animal or plant health. 5. Regulations Based on Science: Chinese inspection and quarantine authorities attach great regulations governing animal and plant importance to the scientific nature of SPS measures. All health and food safety shall be based on SPS regulations are based on science. scientific evidence. 6. Harmonization: to the extent possible, China has been carrying out SPS works in accordance with members shall follow international the standards established and recommended by relevant standards, guidelines, and international organizations, and China has take an active recommendations in establishing SPS part in the drafting of the relevant international standards measures. on animal and plant quarantine. After China’s accession to WTO, it shall continue to carry out SPS works in accordance with the relevant international standards, and make new SPS measures comply with international standards, guidelines, and recommendations as far as possible. 7. Equivalence: members shall China accepts different measures that achieve the same recognize different measures that level of protection. China has signed more than 200 SPS- achieve the same level of protection. related agreements and protocols with more than 40 countries. China would like to hold consultations with members on relevant SPS issues on the basis of equality and with a scientific approach, and eventually reach bilateral or multilateral agreements. 8. Risk Assessment: developing In the field of SPS, China has done a lot of research work, scientific evidence and conducting risk including research cooperation with some countries. In the assessments to ensure that measures are future, such efforts would be further strengthened. based on science and applied only to the Moreover, China is among the first countries to start PRA extent necessary to protect health. of animal and plant quarantine and food safety. China has participated in the drafting of PRA international standards and completed dozens of PRA reports. Based on the PRA results, China has lifted bans of animal and plant products from some countries respectively. WT/ACC/CHN/21 Page 4 Commitments(by the time of WTO Reference accession) 9. Regional conditions: measures take China accepts SPS agreement concerning Pest- or Disease- into account the regional characteristics Free Areas and Areas of Low Pest or Disease Prevalence. both of the areas from which products When China applies SPS measures, it takes into account originate and the areas for which they situations both of the areas from which products originate are destined. and the areas for which they are destined. 10. Non-discrimination: measures do China shall observe SPS agreement concerning non- not arbitrarily or unjustifiably discrimination. When China works out SPS measures, it discriminate between different members shall not discriminate between different members or or between domestic and foreign between domestic and foreign suppliers. suppliers. 11. Control, inspection and approval China shall observe SPS agreement when executing the procedures: ensure that procedures, control, inspection and approval procedures. including systems for approval of the use of additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs comply with the Agreement. Products Subject to Inspection for Compliance with SPS Measures THE PEOPLE'S REPUBLIC OF CHINA June 12, 2000 SPS National Products Objective and Rationale National Agencies Regulations International Standards, Drafting and Performing Title of National Guidelines and HS No. Description No. (According to SPS Agreement) Adoption of National Quarantine and Regulations Recommendations Regulations Inspection 01011100 Pure-bred breeding Horse Law of the To prevent animal infectious disease AGID Test NPC(National (CIQ) State People’s and parasites from spreading into China. Such CF, SN Test People’s Congress) Administration for Republic of Entry-Exit 01011900 Other Horse as: Pathology SC(State Council) China on the Inspection and Equine infectious Anaemia 01012010 Pure-bred breeding Asses, Entry and Exit Pathological Agent Quarantine of the mules and hinnies Animal
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