3.55.  The authorities state that, given Vanuatu's isolated location in the South Pacific, the Government considers that its SPS measures must reflect the need to use and preserve the favourable pest status.[35] Its SPS related legislation includes: a. The Animal Importation and Quarantine Act of 1988, and regulations in Order No. 14 of 1994; b. The Plant Protection (Amendment) Act of 2013, the Penalty Notice Regulation Order of 2014, and the Imports Specification (Plants) Manual; c. The Food Control Act No. 21 of 1993, revised in 2009; d. The Meat Industry Act [CAP 239], the Meat Industry (Approved Establishments) Regulations Order 12 of 1994 and Order 48 of 2002, and the Meat Industry Regulations Order 9 of 1992 and Order 12 of 2005; e. The Pesticides (Control) Act [CAP 226] (to be gazetted); f. The Animal Disease Control Act [CAP 220]; and g. The Kava Amendment Act of 2015

3.56.  The Biosecurity Department (Biosecurity) under the Ministry of Agriculture, Livestock, Forestry, Fisheries and Biosecurity (MALFFB) was formerly known as the Vanuatu Quarantine and Inspection Services until 2013. Its two main offices are located in Port Vila and Luganville, with outposts located at "certified ports of entry".[36] These ports were certified and approved by the Council of Ministers. Foreign vessels are allowed to enter and exit through these ports

3.57.  Biosecurity is responsible for implementing SPS provisions on animals and plants, and the Department of Health is responsible for food safety and hygiene management. The SPS enquiry point was established and entrusted to the Director of the Biosecurity Department

3.58.  Importers must apply for a permit to import "approved animal products from approved countries" for quantities greater than 5 kg. Approved animal products are those commercially processed and packaged, with a certificate issued from the exporting country certifying that they are fit for human consumption. Approved countries are those free from foot‑and-mouth disease without vaccination, and are recognized by the World Organization for Animal Health (OIE). Countries may be approved for some commodities, but not for others. Commercial importation of live animals is restricted, and is limited to certain species only, and an import permit issued by Biosecurity is required.[37]

3.59.  Importation of new products of animal origin, and products from a new import origin, must undergo an import risk analysis, which typically takes at least 18 months. Import risk analyses are conducted by Biosecurity in accordance with the standards of the OIE, Codex Alimentarius, and the International Plant Protection Convention (IPPC). The authorities indicate that, due to limited human resources and a lack of access to up-to-date references, Biosecurity often uses risk analyses completed by regional partners (e.g. New Zealandor Australia), and/or seeks technical assistance from regional intergovernmental agencies such as the Secretariat of the Pacific Community. In 2016, the Government launched its National Biosecurity Policy 2016‑2030, to build Biosecurity into an adequately resourced and managed agency to deliver its services effectively.[38]

3.60.  According to a time release study conducted by the Asian Development Bank (ADB) in July 2017, quarantine takes, on average, 3 days and 2 hours for imports arriving by air, and 11 days and 7 hours for imports arriving by sea. The study found that the procedure for obtaining a quarantine-based import permit was causing significant delays in the release of cargo, both at ports and at airports.[39] At ports, once the cargo is cleared by Customs, due to a lack of space, containers need to be moved to owners' (importers') premises for SPS examination. According to the study, these cargos were often released by Customs without proper notification or examination by quarantine, i.e. Biosecurity

3.61.  Not all plants and plant products are allowed to enter Vanuatu. Biosecurity developed a plant importation manual (Import Specification Manual). Importers are required to consult this Manual before importing plants and plant products into Vanuatu. The Plant Health Section under Biosecurity conducts import risk analyses for plants and plant products. For new plants that are not included in the Manual, an import risk assessment (IRA) is conducted in accordance with the International Standard for Phytosanitory Measures, and may take several months to complete

3.62.  The Food (Control) Act restricts businesses and persons from displaying, storing or selling food unfit for human consumption. The Act is enforced by the Department of Health under the Ministry of Health, and by the municipalities and provincial authorities under the Ministry of Internal Affairs. Import permits for food and food products may be issued within 48 hours

3.63.  Vanuatu has been a member of the OIE since 1983, and sends monthly reports to the OIE on its disease status. It has been a member of the Codex Alimentarius Commission since 1995. It has also been a contracting party to the IPPC since 2007

3.64.  Vanuatu has not submitted any notifications to the WTO on its SPS measures. No specific trade concerns were raised regarding Vanuatu's SPS measures in the SPS Committee.[40]

3.65.  The Fisheries Act No. 10 of 2014 prohibits the imports of genetically modified aquatic organisms (Article 20). Vanuatu does not prohibit all living modified organisms (LMOs)/genetically modified organisms (GMOs), although their importation must go through a risk assessment process. The Vanuatu National Biosafety Framework outlines the pre-import risk assessment, as required under the Cartagena Protocol, for biological products. Biological products include GMOs (living or processed) for use as human food, animal feed, pharmaceuticals or other purposes. They refer to any products derived or extracted from a biological organism including the whole organism or a part thereof, whether alone or in combination with other products of diverse origin

3.51.  In August 2017, the Bureau of Standards was established under the Ministry of Tourism, Trade, Commerce, Industry and Ni-Vanuatu Business (MTTCINVB) in accordance with the Bureau of Standards Act No. 14 of 2016, which entered into force on 17 April 2017. Functions of the Bureau include overseeing the development and adoption of standards, the conformity assessment of traded goods and processing and manufacturing facilities, and the accuracy of weights and measures

3.52.  At the time of its accession to the WTO, Vanuatu's only technical regulations were the National Building Code on constructions in main towns, administered by the city councils of Port Vila and Luganville, to protect life from cyclones and earthquakes; and some basic health standards administered by the Ministry of Health.[32] Since its accession, Vanuatu has not made any TBT notifications to the WTO

3.53.  The authorities indicate that a procedure to develop standards is being developed; whenever possible, Vanuatu standards are to be aligned with, or based on, international standards. For example, its technical regulations on food, meat, and cocoa were based on Codex, OIE, and International Cocoa Organization standards, respectively. The Kava Act, a technical regulation specific to Vanuatu, was developed in 2002. The authorities are making efforts to bring the kava standard to the Codex to develop it into an international standard

3.54.  Vanuatu was not represented directly or regionally (through the South Pacific Forum) at any international standardization bodies. The authorities state that Vanuatu has applied to become an ISO member. Vanuatu committed to applying the Agreement on Technical Barriers to Trade (TBT) from its WTO accession date without any transitional period. It established a TBT enquiry point within the Department of Trade, Industry and Investment, under the MTTCINVB.[33] The Office of the Director of Trade is responsible for fulfilling its TBT notifications and enquiry point obligations. By the end of June 2018, no specific trade concerns had been raised against Vanuatu's TBT measures in the TBT Committee.[34]