. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SPS/W/130
24 March 2003
(03-1693)
Committee on Sanitary and Phytosanitary Measures Original:  English
COMMENTS ON THE PROPOSED CLARIFICATION OF PARAGRAPH 7
OF THE DECISION ON EQUIVALENCE
Submission by Argentina
With respect to the proposed clarification of Paragraph 7 of the Decision on Equivalence
circulated in document G/SPS/W/128, Argentina suggest s to move part of paragraph 7 (relative to the
Codex Draft Guidelines on the Judgement of Equivalence of Sanitary Measures Associated with Food
Inspection and Certification Systems) to the Recommendation section of the document, replacing
paragraph 10.  The proposed text would read as follows:
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7. At its meeting on 2-6 December 2002, the Codex Committee on Food Import and Export
Inspection and Certification Systems (CCFICS) forwarded draft Guidelines on the Judgement of
Equivalence of Sanitary Measures Associated with Food Inspection and Certification Systems to theCodex Alimentarius Commission for final adoption in June/July 2003.
1
8. The OIE draft paper on the Judgement of Equivalence of Sanitary Measures Relating to
International Trade in Animals and Animal Products (G/SPS/W/119) takes a similar approach.  The
sequence of steps to be taken in judgement of equivalence includes that "the importing country
explains the reason for the measure(s), in terms which would facilitate comparison with an alternative
sanitary measure(s) … ".
Recommendation
9. It is recommended that the Committee note that conscientious implementation of guideline
A.1. of the Guidelines to Further the Practical Implementation of Article 5.5 (G/SPS/15) will assist
Members in determining equivalence.  Guideline A .1. reads: "A Member should indicate the level of
protection which it considers to be appropriate with respect to risks to human life or health, to animal
life or health or to plant life or health in a suff iciently clear manner so as to permit examination of the
extent to which any sanitary or phytosanitary measure achieves that level."
10. It is recommended that the Committee agree on the following clarification of paragraph 7.2
"Since the sanitary measures applied by an importing country have the purpose of achieving
its ALOP, an exporting country may demonstrate achievement of the importing country's
ALOP by demonstrating that the measures it proposes as equivalent have the same effect,
                                                     
1 See the Report of the Eleventh Session of the Codex Committee on Food Import and Export
Inspection and Certification Systems, contained in ALINORM 03/30A, available from the Codex website(http://www.codexalimentarius.net).
2 Codex Draft Guidelines on the Judgement of Equivalence of Sanitary Measures Associated with Food
Inspection and Certification Systems (stept 8).G/SPS/W/130
Page 2
relative to the achievement of the importing country's ALOP, as the corresponding sanitary
measures applied by the importing country by using an objective basis of comparison.
"The importing country should, at the request of the exporting country, specify as precisely as
possible an objective basis for comparison of the sanitary measures proposed by the exporting
country and its own measures. Dialogue between the exporting and importing country willassist in the development of understanding and, desirably, agreement on the objective basis
for comparison.  Supporting information to be provided by the importing country may
include:
(a) the reason/purpose for the sanitary measure, including
identification of the specific risks that the measure is intended to
address;
(b) the relationship of the sanitary measure to the ALOP, i.e., how
the sanitary measure achieves the ALOP;
(c) where appropriate, an expression of the level of control of the
hazard in a food that is achieved by the sanitary measure;
(d) the scientific basis for the sanitary measure under consideration,
including risk assessment where appropriate;
(e) any additional information that may assist the exporting country
in presenting an objective demonstration of equivalence."
11. The Committee requests the Interim Commission on Phytosanitary Measures (ICPM) to
implement the Decision on Equivalence and this clarification in its future work on judgement of
equivalence with regard to measures to address plant pests and diseases, and to report to thisCommittee.
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