RESTRICTEDWORLD TRADE
ORGANIZATIONG/SPS/W/116
25 February 2002
(02-0949)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
EQUIVALENCE
Submission by Argentina
Introduction
1. Since the purpose of applying the principle of "equivalent measure" instead of "same
measure" is to facilitate trade, it is important th at we establish, multilaterally, the general guidelines
needed to ensure that the process of determina tion of equivalence does not, in itself, become a
disincentive to initiating the procedure.1  The Decision on the Implementation of Article 4 of the SPS
Agreement sets forth, in 14 points, the guidelines that Members are to follow.  Point 5 of that
Decision states that "[t]he importing Member should accelerate its procedure for determiningequivalence in respect of those products which it has historically imported from the exporting
Member".
2. This document is an attempt to contribute to the implementation of point 5 of the Decision by
developing a general scheme or table containing guidelines for "accelerating" the procedure in the
light of certain variables.  It merely seeks to take advantage of the experience and knowledge alreadyacquired by the sanitary services in respect of the product or group of products involved.  The
application of these variables leads to different situations in which the ordinary procedure for
determining equivalence could be simplified, depending on the amount of information made available
by the trading history.
3. The variables to be considered when two Members reach a decision to initiate negotiations to
determine the equivalence of a product or group of products would be:
• The existence or non-existence of mutual trade
• Product risk
Mutual trade - case studies
4. Current trade
This scenario concerns situations in which a product or group of products is being traded
between an importing country and an exporting country.  The sanitary authorities of the importingcountry know that the established requirements - both the sanitary requirements and the hygienic
requirements relating to processing - have been me t.  There have been no rejections for sanitary
reasons linked to the requirements pre-established and certified by the exporting country.
                                                     
1 The objective of this document is to provide a conversion table as a guideline to convert the current
procedure for "same measure" into "equivalent measure".G/SPS/W/116
Page 2
This scenario may or may not warrant the initiation of a procedure for determining
equivalence.  If so, current trade implies that th e product meets the requirements, since it is being
imported and marketed.  Thus, the recognition that this product or group of products meets the
appropriate level of protection of the importing country is the formal recognition of the current
practice.
In this case, the procedure for determining equivalence should be automatic  - in other words,
it should be the formal recognition that the exporting country's sanitary measures comply with the
importing country's appropriate level of protection .
5. New product
(a) A Member wishes to export a product or group of products for the first time to an
importing Member.  In this case, the sanitary authorities of the importing countryhave no knowledge or references concerning the product or group of products
offered.  Although exportation of the product or group of products to other countries
with a similar appropriate level of protection could serve as an important precedent,
the fact is that the sanitary authorities of  the importing country will have to take all of
the necessary precautions to ensure that it is safe.
(b) A product previously marketed between the parties without giving rise to any
conflicts was no longer traded for a period of time, during which the importing or
exporting country's sanitary conditions changed.
In both cases, the procedure for determining equivalence should be ordinary  - in other words,
it should include all of the pre-established steps or stages, limiting the analysis as far as possible to
the standards that concern the product.
6. Trade involving sanitary problems
(a) The product or group of products marketed during a given period fails to meet the
agreed sanitary requirements, and access is therefore suspended.
(b) The product or group of products currently traded is consistently rejected due to a
variety of circumstances.
(c) The product or group of products concerning which there is an exchange of
information with a view to initiating trade ha s not yet met the requirements in full.  In
this case, it is assumed that documentation has been submitted, visits have beenconducted to the processing plants of the exporting country, negotiations have begun,
etc.
These cases, given that they involve negotiations that are already under way or have already
been concluded, warrant an acknowledgement that certain steps or stages have already been
completed.  A fast-track  procedure could be appropriate, depending on the case.  This involves
specifying the conflictual stages remaining to be settled in order to avoid repeating all that has
already been done and to be able to focus on the areas of conflict and establish, where possible,deadlines for settling them.
Product risk
7. This involves identifying the type of product or group of products concerned and the risk
level it represents, taking as a basis the rules established by the relevant international reference
organizations.  Thus, for example, fresh, unprocessed  meat with bone, or bovine offal, are not theG/SPS/W/116
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same thing as boneless, frozen and packed meat.  Nor does processed and sterilized orange juice
present the same risk of disease transmission as fresh fruit.
Table for determining which procedure to apply
8. The procedure for determining equivalence will not always be the same.  The stages required
will depend on the risk involved and the trading history of the parties with respect to the product orgroup of products.  These variables will reveal whether the procedure for the determination of
equivalence should be applied in full, or simplif ied in accordance with the stages already completed.
Types of procedure
Ordinary procedure:   The determination of equivalence involves all of the stages
established to assess the legislation applicable to the product and the related control by the competent
national body with a view to guaranteeing that the product complies with the relevant standards.
Fast-track procedure:   The determination of equivalence involves all pending or conflictual
matters, but does not revert to elements that have already been the subject of assessment.
Automatic procedure:   The determination of equivalence is merely the formal
acknowledgement of a practical reality.G/SPS/W/116
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TABLE FOR DETERMINING THE APPLICABLE PROCEDURE
TRADING HISTORY
Product already traded - Sanitary problemsRisk (**) Product already
tradedNew product
Requirements
not metRejection for
sanitary reasonsPartial
determinationChange of
sanitary situation
Low Automatic procedure Ordinary procedure *** *** *** ***
Medium Automatic procedure Ordinary procedure *** *** *** ***
High Automatic procedure Ordinary procedure *** *** *** ***
** Categories to be defined
*** Applicable criteria to be defined
__________