WORLD TRADE
ORGANIZATIONG/SPS/W/140
23 October 2003
(03-5594)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
DRAFT DECISION ON THE IMPLEMENTATION OF ARTICLE 6 OF THE
AGREEMENT ON THE APPLICATION OF SANITARY AND
PHYTOSANITARY MEASURES
Proposal by Chile
The Committee on Sanitary and Phytosanitary Measures,
Having regard to paragraph 1 of Article 12 of the Agreement on the Application of Sanitary
and Phytosanitary Measures;
Reaffirming  the right of Members to establish sanitary and phytosanitary measures necessary
to ensure the protection of human, animal and plant life or health and the protection of their territory
from other damage caused by the entry, establishment or spread of pests, in accordance with the
Agreement on the Application of Sanitary and Phytosanitary Measures;
Desiring  to make operational the provisions of Article 6 of the Agreement on the Application
of Sanitary and Phytosanitary Measures;
Noting  that the sanitary or phytosanitary status of countries is an important factor in
permitting, preventing, or improving the conditions for the entry of any potential pest- or disease-
carrying products;
Recognizing  that regionalization can be applied between all Members, irrespective of their
level of development;
Noting  that Members have faced difficulties in applying the provisions of Article 6 on the
recognition of pest- or disease-free areas a nd areas of low pest or disease prevalence;
Taking into account  the specific concerns raised by Member countries regarding the
difficulties they have encountered in having the recognition of sanitary and phytosanitary status
obtained in their territories accepted by importing Members;
Recognizing  the importance of minimizing possible negative effects of sanitary or
phytosanitary measures on trade and of improving market access opportunities, particularly forproducts of interest to developing country Members;
Recognizing  that transparency, exchange of information and confidence-building by both the
importing and exporting Member are essential to obtaining recognition of sanitary and phytosanitary
status between Member countries;
Recognizing  that there may be other less resource-intensive and time-consuming means for
Members to enhance trade opportunities;G/SPS/W/140
Page 2
Decides as follows:
1. Regionalization can be accepted for part of a country, all of a country, or several countries in
respect of sanitary or phytosanitary status relating to a given disease or pest.  Members shall, when so
requested and where feasible in view of the pest or disease involved, seek to apply the concept ofregionalization.  An evaluation of infrastructure and programmes relating to prevention, control and
eradication may also be required in certain cases where necessary and appropriate.  Members may
seek to conclude regionalization agreements aimed at clarifying administrative procedures and setting
out stages for achieving sanitary and phytosanitary recognition while at the same time ensuring future
operability if the status should vary.  Sanitary or phytosanitary recognition shall not require the
drafting of a formal agreement.
2. With a view to facilitating the implementation of Article 6, on request of the exporting
Member the importing Member shall explain the requirements and stages involved in obtaining
recognition of sanitary or phytosanitary status with respect to a given pest or disease.  The exporting
Member shall demonstrate objectively that it meets the conditions for obtaining recognition of its
sanitary of phytosanitary status, by supplying a copy of the risk assessment supporting that status or
by demonstrating that the technical justification is based on a relevant international standard,guideline or recommendation.  The exporting Member  shall also supply any further information that
could help the importing Member to reach its decision on recognition.
3. An importing Member shall normally respond to any request from an exporting Member for
consideration of its regionalization request in respect of its status, for a given pest or disease, of pest-
or disease-free area or area of low pest or disease prevalence, within a period not exceeding sixmonths.
4. The exporting Member shall provide appropriate science-based and technical information to
support its objective demonstration of its sanitary status.  This information may include,  inter alia ,
reference to relevant international standards, or to relevant risk assessments guaranteeing or
supporting to a large extent the sanitary or phytosanitary status of the zone in question.  In addition,the exporting Member shall provide reasonable access, upon request, to the importing Member for
inspection, testing and other relevant procedures for the recognition of the regionalization.
5. The importing Member shall accelerate its procedure for recognizing regionalization with
respect to pests or diseases that have been officially recognized in the exporting Member by an
international scientific standardization organization recognized under the Agreement on the
Application of Sanitary and Phytosanitary Measures.
6. The consideration by an importing Member of a request submitted by an exporting Member
for the recognition of regionalization with respect to a pest or disease in its territory shall not in itself
be a reason to disrupt or suspend ongoing imports with respect to related products from that Member.
7. The importing Member, when considering a request for sanitary or phytosanitary recognition,
shall not impose demands in excess of those relating to the pest or disease in question, and shall
analyse the science-based and technical information provided by the exporting Member on its sanitaryand phytosanitary measures with a view to determining whether those measures achieve the level of
protection provided by its own relevant sanitary of phytosanitary measures.
8. Following its final analysis and possible verification the importing Member, if it agrees to
sanitary or phytosanitary recognition, shall expedite  its internal administrative process with a view to
updating its regulations within a maximum period of three months following the communication of itsacceptance.  If it rejects the request for sanitary or phytosanitary recognition, the importing MemberG/SPS/W/140
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shall provide the technical grounds for its decision so that the exporting Member may modify and
adapt its system with a view to seeking recognition once again.
9. In accordance with Article 9 of the Agreement on the Application of Sanitary and
Phytosanitary Measures, a Member shall give full consideration to requests by another Member,
especially a developing country Member, for appropriate technical assistance to facilitate theimplementation of Article 6.  This assistance may, inter alia , be to help an exporting Member in the
objective demonstration of a given sanitary or phytosanitary status that has been achieved, or to
otherwise enhance market access opportunities.  Such assistance may also be with regard to the
development and provision of the appropriate science-based and technical information.
10. Members shall participate actively in any work on regionalization conducted by the
International Office of Epizootics, the International Plant Protection Convention, and the Codex
Alimentarius Commission in their respective areas.  Bearing in mind the difficulties faced bydeveloping country Members in participating in the work of these bodies, Members shall consider
providing assistance to facilitate such participation.
11. The Committee on Sanitary and Phytosanitary Measures recognizes the need to continue
developing guidelines on the determination of pest  or disease-free areas and areas of low pest or
disease prevalence, and shall urge the International Office of Epizootics and the Interim Commissionon Phytosanitary Measures to continue, as appropriate, to draw up guidelines on animal and plant
health respectively.  The Codex Alimentarius Commission, the International Office of Epizootics and
the Interim Commission on Phytosanitary Measures shall be invited to keep the Committee on
Sanitary and Phytosanitary Measures regularly informed regarding their activities relating to
regionalization.
12. The Committee on Sanitary and Phytosanitary Measures shall encourage the International
Office of Epizootics to continue and expand its work on the verification of recognition of sanitary
status with respect to different specific diseases.  It shall also encourage the Interim Commission on
Phytosanitary Measures and regional organizations under its supervision to begin working along the
same lines.
13. The Committee on Sanitary and Phytosanitary Measures shall urge Members to ensure that
their national enquiry points, upon request, communicate the recognitions of sanitary or phytosanitary
status granted in respect of specific diseases or pests on the basis of the principle of regionalization.
14. Members shall periodically provide the Committee on Sanitary and Phytosanitary Measures
with information on their experience regarding the implementation of Article 6 of the Agreement on
Sanitary and Phytosanitary Measures.  In particular, Members are urged to notify the Committee on
Sanitary and Phytosanitary Measures of the satisfactory conclusion of any recognition or bilateralarrangement on regionalization.  The Committee on Sanitary and Phytosanitary Measures shall
consider establishing a standing agenda item for its regular meetings for this purpose.
15. If necessary, the Committee on Sanitary and Phytosanitary Measures shall develop a specific
programme to further the implementation of Article 6, with particular attention to the problems
encountered by developing country Members.  To that end, the Committee shall review this decisionin the light of the relevant work undertaken by the International Office of Epizootics, the Interim
Commission on Phytosanitary Measures and the Co dex Alimentarius Commission, as well as the
experience of Members.
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