. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SPS/W/95
23 November 1998
(98-4681)
Committee on Sanitary and Phytosanitary Measures Original:  English
INTERNATIONAL OBSERVER ORGANIZATIONS
Submission by the European Communities
at the meeting of 11-12 November 1998
1. The nature of the relationship between the SPS Committee and international organizations has
been the subject of lengthy and delicate discussions since the entry into force of the Agreement.Annex A of the Agreement expressly designates the Codex Alimentarius Commission as the reference
organization for food safety, the OIE as the reference organization for animal health and zoonoses and
the IPPC for plant health.  In addition, Paragraph 3(d)  of the Annex states that for matters not covered
by the above organizations, reference should be made to appropriate texts promulgated by other
relevant organizations open for membership to all WTO Members.
2. The Council for Trade in Goods approved on 11 June 1997 the Rules of Procedure for
Meetings of the Committee on Sanitary and Phytosanitary Measures.  As a result, as regards Observer
Organizations, Chapter IV, Rule 11, and Annex III of document WT/L/161
1 apply.  Article V,
paragraph 1 of the WTO Agreement indicates that the General Council "Shall make appropriate
arrangements for effective co-operation with other international organizations that haveresponsibilities related to those of the WTO.".
3. Apart from the above-mentioned procedural provisions, there are no legal and binding rules
concerning the granting of observer status to international organizations in the SPS Committee.  Since
the adoption of document WT/L/161 and G/L/170, the number of organizations requesting
observership has substantially increased.
4. Discussion apparently is at a stalemate, but it is essential to move forward and to examine
how certain elements already provided by the WTO Agreement, the Rules of Procedure and by theSPS Agreement itself can be applied, taking into account the opinion already expressed by the SPS
Committee in previous meetings.
5. It would be desirable to develop certain criteria related to the scope of the international
organizations concerned as well as their responsibilities under the founding treaty.  Observer status
should be granted to international organizations that objectively contribute to the functioning andimplementation of the SPS Agreement and that develop international standards, guidelines and
recommendations which are relevant for trade.  The relevant guidelines already indicate that the
purpose of the exercise is to allow relevant organizations to follow the work of Committees of direct
interest to them.
6. The first elements to consider are the mandate, the scope and the area covered by the relevant
international organization.  A direct interest in trade policy matters and responsibilities related to
those of the WTO, as suggested by Guideline 2 of document WT/L/161, given that the SPS
                                                     
1 On the 25 July 1996, the General Council approved document WT/L/161 on "Rules of Procedure for
the sessions of the ministerial conference and meetings of the General Council".  Chapter IV- Observers –
Rule 11, indicates that representatives of international organizations may attend the meetings as observers on the
invitation of the Ministerial Conference in accord ance with the guidelines annexed to the Rules.G/SPS/W/95
Page 2
Agreement " applies to sanitary and phytosanitary measures which may, directly or indirectly, affect
international trade" , might as well serve as a term of reference.  As a consequence, the SPS
Committee should focus primarily on the organizations that develop action relevant to the work of the
Committee itself.  In doing so, the Committee should also try to avoid inconsistency with decisions
previously taken by Members in other WTO bodies.
7. However, we have to bear in mind that observer status does not necessarily mean that the
work or guidance of the relevant organizations might serve as a reference for the work of the SPS
Committee.  In the terms of the relevant rules of procedure, these organizations can be invited to
actively participate in the work of the Committee, but at the same time they do not have the right to
circulate papers or to make proposals and do not participate in the decision-making process.
8. Guideline 4 of document WT/L/161contains other elements that should be considered prior to
granting observership to a given organization.  It refers especially to the work of internationalorganizations, the number of WTO Members in the organization and the reciprocity with respect to
access to proceedings and documents and whether the organization has been associated with the work
of the contracting parties to GATT 1947.  As regards the latter and in respect of the SPS Committee,
most of the organizations previously involved in the GATT framework were already granted
observership, therefore this element can be considered to be covered at least partially.  With referenceto other factors, the Committee agreed already that "reciprocity" should be considered as essential, as
well as the "mandate", in terms of organizations with a global coverage as opposed to organizations
with regional coverage.
9. In addition, the Committee may grant observer status to other international organizations on
an ad hoc basis for specific meetings or for specific items  on the agenda of a particular meeting.
10. Regional plant protection organizations within the framework of the IPPC, which are as such
mentioned both in the preamble, in Article 3:4 and in Annex A, paragraph 3(c), should be granted
observer status.  Though not providing for a global coverage, the possibility to work within the IPPC
umbrella should be the qualifying element.  These organizations should be given special attention, in
consideration of their peculiar structure and working procedures and the necessity to set specificstandards on a regional basis, due to the major effect that geographic and climatic factors might have
on plants.
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