WORLD TRADE
ORGANIZATIONG/SPS/W/140/Rev.1
30 October 2003
(03-5772)
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
Revision
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 (SPS Agreement);
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
SPS Agreement;
Desiring  to make operational the provisions of Article 6 of the SPS Agreement;
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;
Considering  that Members are facing difficulties in applying the provisions of Article 6 of the
SPS Agreement;
Taking into account  the specific concerns raised by exporting Members regarding the
difficulties involved in obtaining recognition by importing Members of their sanitary and
phytosanitary status;
Recognizing that the application of the "principle of regionalization" set forth in Article 6
makes it possible to limit the possible negative effects involved in applying sanitary or phytosanitary
measures in trade and to improve market access opportunities, particularly for products of interest to
developing country Members;
Recognizing  that transparency, exchange of information and the promotion of confidence and
credibility among importing and exporting Members are essential to the recognition of sanitary andphytosanitary status between Member countries;G/SPS/W/140/Rev.1
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Recognizing  that the application of the "principle of regionalization" provides an effective
technical and administrative way to ensure that trade opportunities are not wasted because of the
presence in, or entry into a country of a disease or pest;
Decides as follows:
1. Regionalization shall be acceptable for smaller ecosystems (e.g. farms, greenhouses, fisheries,
or one or more enterprises of similar epidemiological status), a part of a country, all of a country, or
several countries, in respect of sanitary or phytosanitary status relating to a given animal disease or
plant pest.  Members shall, when so requested in view of the pest or disease involved, consider the
feasibility of applying the concept of regionalization.  An evaluation of the organizational structure of
the regulatory bodies and the prevention, control or eradication programmes conducted by them mayalso be required in certain cases where necessary and appropriate.  Members may 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. In order to initiate the process of recognition of regionalization, the importing Member shall
take account of the exporting Member's pest- or di sease-free areas and areas of low pest or disease
prevalence as officially recognized in accordance with the regulations of the competent international
organizations, in particular the International Office of Epizootics (OIE) and the International Plant
Protection Convention (IPPC).
3. To facilitate the implementation of Article 6 of the SPS Agreement on regionalization, at the
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 send the technical file establishing compliance with the
requirements laid down by the importing Member, a ccompanied by an official declaration from the
national regulatory body attesting that the ecosystem is a pest- or disease-free area or an area of low
pest or disease prevalence, or shall provide supporting information showing that the procedures used
to obtain recognition are based on an international standard, guideline or recommendation established
by competent bodies under the SPS Agreement.  The exporting Member shall also supply any further
information that could help the importing Member to reach its decision on recognition.
4. Importing Members shall respond as quickly as possible to the request of an exporting
Member for recognition of regionalization, and shall normally begin the examination of an applicationfor recognition, for a given pest or disease, of the st atus of pest- or disease-free area or area of low
pest or disease prevalence within a period not exceeding two months.  That period may be longer
depending on the time of marketing of the goods concerned, in accordance with the corresponding
seasonal trade flows.
5. The exporting Member shall provide science-based and technical information to support its
objective demonstration of its sanitary or phytosanitary status.  This information may include,
inter alia,  reference to relevant international standards, or to the relevant risk assessment guaranteeing
or largely supporting 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
inspecting, testing and other relevant procedures for recognition of regionalization.
6. The consideration by an importing Member of a request submitted by an exporting Member
for the recognition of the status of pest- or disease-free area or area of low pest or disease prevalence
with respect to a given pest or disease in its territory shall not in itself be a sufficient reason to disrupt
or suspend ongoing imports with respect to related products from that Member.G/SPS/W/140/Rev.1
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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 sanitary
and phytosanitary measures with a view to determining whether those measures achieve the adequate
level of protection against the risk under consideration.
8. Should its final analysis and possible on-the-spot verification lead to a satisfactory outcome
for the exporting Member concerned, the importing Member shall expedite its internal administrative
procedures with a view to ensuring that its decision to recognize the regionalization not more than
three months following the communication of its acceptance can be put into effect as rapidly as
possible.  If it rejects the request for sanitary or phytosanitary recognition, the exporting Member shall
provide technical grounds for its decision so that the exporting Member can modify and adapt its
system with a view to seeking recognition once again.
9. In accordance with Article 9 of the Agreement (Technical Assistance), a Member shall give
full consideration to requests by another Member, especially a developing country Member, for
appropriate technical assistance to facilitate the implementation of Article 6 (Adaptation to Regional
Conditions).
10. The Committee on Sanitary and Phytosanitary Measures recognizes the need to continue
developing guidelines for the determination of pest or disease-free areas and areas of low pest or
disease prevalence, and shall urge the OIE and the Interim Commission on Phytosanitary Measures to
continue, as appropriate, to draw up guidelines on animal and plant health respectively.  These
organizations, together with the Codex Alimentarius Commission, shall be invited to keep the
Committee on Sanitary and Phytosanity Measures regularly informed regarding their activitiesrelating to the concept of adaptation to regional conditions or zoning.
11. Members shall periodically provide the Committee on Sanitary and Phytosanitary Measures
with information on their experience regarding the implementation of Article 6 of the SPS Agreement.
In particular, Members are urged to notify the Committee on Sanitary and Phytosanitary Measures of
any conclusion of a recognition or bilateral arrangement concerning pest or disease free areas andareas of low pest or disease prevalence that is fundamentally unsatisfactory and gives rise to a trade
concern.
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