. /.WORLD TRADE
ORGANIZATIONG/SPS/W/143
5 November 2003
(03-5912)
Committee on Sanitary and Phytosanitary Measures Original:  English
SPS AND DEVELOPING COUNTRIES
TRANSPARENCY:  (ARTICLE 10.1) "PRE-NOTIFICATION"
Submission by Egypt
1. The obligation under subparagraph 5(a) of Annex B of the SPS Agreement, provides that
members shall "publish a notice at an early stage in such a manner as to enable interested Members to
become acquainted with the proposal to introduce a particular regulation".  Reading this provision, we
have the impression and understanding that Members are obliged to publish a notice that there is aproposal to introduce a particular regulation regarding a particular product.  This publication exercise
is normally before the submission of the relevant notification to the SPS Committee.
2. Following this logic, one can presuppose that a measure could be notified either at the same
time as the notice was published or within a period of time thereafter.  Most probably Members would
choose the second option, i.e. to notify the measure after completing a draft text.  The notificationmay or may not allow a 60-days comment period and may not address the other problems hindering
effective implementation of the transparency obligations so eloquently discussed in the submissions
from China and Mexico.
3. Egypt agrees with the views that transparency is a provision that sustains the multilateral
trading system.  That is why it supports all contributions aiming at enhancing the implementation of
such an horizontal provision (as it applies to each and every commitment including with respect to the
implementation of the Special and Differential Treatment and Technical Assistance relatedprovisions).
4. Egypt has proposed a set of ideas to further enhance the transparency of Article 10.1 of the
SPS Agreement.  Canada, followed by the Secretariat, have done an excellent job in this regard, and
the United States has latterly followed with another note-worthy proposal.  Moreover, Mexico’s
proposal (G/SPS/W/136) could add more value and fl esh to what Egypt have been doing throughout
the last year, as it complements Egypt's earlier suggestion that Members submit "pre-notifications"
regarding their intention to elaborate "sanitary and/or phytosanitary measures for a specific sector or
product".  The pre-notification shall be submitted at the date the notice was published following
paragraph 5(a) Annex (B).  Doing so would lead to:
(i) Members becoming more acquainted with the regulatory environment in the other
Member countries;
(ii) Members becoming aware that sanitary and/or phytosanitary measures for a specific
sector or product are being drafted in one of their export markets.  This could raise the
degree of certainty in the export market and so secure current market access
opportunities;G/SPS/W/143
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(iii) Members having more time to draw the attention of their exporters to the changing
regulatory environment in their export markets, thus allowing them better opportunity
to comply with such a new environment without or with minimal trade losses;
(iv) Members having a better chance to communicate with their trade partners in a manner
that would maintain their mutual interests;
(v) Exporting Members having a better chance to contribute, to the extent allowable, in
the various stages of the development of a measure and thus increasing the tendency
towards harmonization;
(vi) Ensuring better implementation of the provision of Annex B, paragraph 5(a);
(vii) Developing countries being able to identify, in collaboration with the notifying
Member, the kinds of special and differential treatment which are technically feasible,
as well as the types of technical assistance which could be requested;
(viii) Developing countries lacking skills could benefit from the technical and legal
expertise of the Member adopting the measure as well as from comments submitted
by other Members throughout the various levels of its development;  and
(ix) Members making full use of the 60 days comment period, since they are provisionally
acquainted with the proposed measure.
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