WORLD TRADE  
ORGANIZATION  G/L/709 
8 November 2004 
 (04-4727) 
  
  
 
REPORT (2004) ON THE ACTIVITIES OF THE  
COMMITTEE ON SANITARY AND PHYTOSANITARY MEASURES 
   
1. The present report is being circulated by the Chairperson of the Committee on Sanitary and 
Phytosanitary Measures on his own responsibility.  This report provides a summary of the activities 
and decisions of the Committee through 28 October 2004. 
2. The Committee on Sanitary and Phytosanitary Measures (the "SPS Committee") held three 
regular meetings in 2004:  on 17-18 Ma rch,  22-23 June and 27-28 October.
1  At the June meeting 
Mr. Gregg Young (United States) was appointed Chairperson for the period 2004/2005. 
3. In line with the directive from the Four th Session of the Ministerial Conference2, the 
Committee completed its Programme for Further Work  regarding the implementation of Article 4 of 
the Agreement (equivalence).3  The Committee had previously agreed on clarifications of 
paragraphs 5, 6 and 7 of the Decision on Implementa tion of Article 4 of the Agreement and, at the 
March meeting, the Committee adopted a proposed furt her clarification of paragraph 5.  Document 
G/SPS/19 was revised to reflect the Decision and the various clarifications that had been agreed.4  In 
addition, as agreed in the Programme for Further Work, the observer organizations reported on their 
work with respect to equivalence during the March, June and October Committee meetings.  
Equivalence remains a standing item on the SPS Committee agenda. 
4. The Committee also continued its examination of the implementation of the SPS Agreement 
and the concerns of developing c ountries.  In 2003, the Committee had adopted in principle a proposal 
by Canada to enhance the transparency of special and differential treatment, subject to elaboration of 
the procedure.5  Following discussions on this elaboration in the Committee meetings in March and 
June 2004, at the October meeting, the Committee adopted the elaboration.6   
5. On other suggestions for addressing the special needs of developing countries, the Committee 
discussed further the proposal by Egypt.7  Papua New Guinea also submitted a document on special 
and differential treatment, transparency and technical assistance.8  With respect to the proposals 
referred to the SPS Committee by the General Coun cil, although the Committee completed a work 
plan adopted in 2003, it was not able to reach a decision on any of the specific issues raised.9  There 
were no substantive comments on this issue in th e Committee meetings of March and June 2004.  At 
                                                      
1 The report of the March meeting is contained in G/ SPS/R/33, that of the June meeting in G/SPS/R/34 
and corrigendum, and the report of the October meeting will be circulated as G/SPS/R/35. 
2 WT/MIN(01)/17, paragraph 3.3. 
3 G/SPS/20. 
4 G/SPS/19/Rev.2. 
5 G/SPS/W/127. 
6 G/SPS/33. 
7 G/SPS/W/143. 
8 G/SPS/GEN/469. 
9 JOB(03)/100 and G/SPS/26. G/L/709 
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 the meeting in October 2004, several Members sugg ested approaches to adva nce the work of the 
Committee on these issues, and the Co mmittee agreed that special and differential treatment would 
remain a standing agenda item. 
6. At its regular meetings, the SPS Committee co nsidered a wide range of specific trade 
concerns, including many related to individual notifications.  The issues discussed included, inter alia , 
trade restrictions relating to Ochratoxin A levels in coffee, measures taken in response to foot-and-
mouth disease (FMD), avian influenza and bovi ne spongiform encephalopathy (BSE) disease 
outbreaks, and concerns regarding maximum levels  of pesticides residues and contaminants.  A 
number of questions and concerns regarding the lack  of recognition of animal disease-free status and 
the implementation of the international phytosanitary  standard on wood packing material were also 
considered by the Committee.  Specific trade conc erns raised in the Committee during 2004 will be 
summarized in the fifth revision of G/SPS/GEN/204.  
7. Over 1099 notifications were submitted in acco rdance with the SPS Agreement in the period 
1 January  to 31 October 2004, bringing the tota l number of SPS notifications submitted since the 
entry into force of the Agreement to almost 5,240.   In the March meeting, the Committee agreed on a 
proposal to provide information on the location of unofficial translations of the draft regulations 
notified by Members.
10  Some Members have since notified the existence of unofficial translations 
using the mechanism agreed in the March Committee meeting.   
8. At all of its meetings in 2004, the Committee continued discussions on in the implementation 
of the transparency provisions of the Agreement.   An evaluation by China of the notifications 
submitted in 2003 revealed continuing failures to respect the recommended procedures including for 
notification in advance of entry into force;  provision of a reasonable period of time for comments;  
consideration of comments received;  and providi ng a sufficient interval between adoption of a 
measure and its entry into force.11  The Committee considered proposals for pre-notification of 
anticipated regulatory changes or regulatory cale ndars, and for the notification of measures fully 
based on a relevant international standard.  Th e Committee also discussed the need for technical 
assistance to enable developing country Members to fully implement the transparency provisions of 
the Agreement, and to fully benefit from these provisions.  
9. Numerous submissions and proposals regardi ng the implementation of Article 6 were 
considered by the Committee.  Members provided info rmation regarding their achievement of pest- or 
disease-free status, and a number of Members proposed that the Committee develop procedural guidelines to facilitate the recognition of pest- or  disease-free areas.  The Committee's discussions 
benefited from inputs from the OIE and IPPC with resp ect to Article 6 on pest- and disease-free areas.  
The Committee agreed to con tinue work on this issue. 
10. Following the provisional procedures adopted in October 1997, the SPS Committee continued 
to monitor the use of international standards.  The Sixth Annual Report on the Procedure to Monitor 
the Process of International Harmonization was adopted by the Committee in June.
12  At the October 
meeting, the Committee agreed to modify the provisional monitoring procedure to facilitate the 
consideration of new issues at each meeting.13  New Zealand submitted a proposal for the 
consideration of regionalization under the proce dure for monitoring international harmonization.14 
                                                      
10 G/SPS/GEN/487. 
11 G/SPS/GEN/498. 
12 G/SPS/31. 
13 G/SPS/11/Rev.1. 
14 G/SPS/W/151.  G/L/709 
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 11. Members, the Secretariat and observer organi zations provided information regarding their 
technical assistance activities at each meeting of the SPS Committee.  By the October meeting of the 
Committee, 36 Members had submitted responses to  the questionnaire regarding their technical 
assistance needs.15  The Secretariat reported regularly on the operation of the Standards and Trade 
Development Facility (STDF), and provided details regarding its ow n SPS-related technical assistance 
training activities.16  
12. At its October meeting, the Committee conducted a transitional review under Paragraph 18 of 
the Protocol of Accession of the People's Republic of China.17   
13. At the Fourth Session of the Ministerial C onference in 2001, Ministers instructed the 
Committee to review the operation and implementati on of the SPS Agreement at least once every four 
years, pursuant to the provisions of Article 12.7 of  the Agreement.  The report of the next review 
should be prepared for the Sixth Session of the Ministerial Conference.  In the June meeting, the Committee discussed the background document de scribing the Committee's work since 1999 and 
adopted the procedures and timeline fo r the Review of the SPS Agreement.
18   Issues identified by 
Members for consideration during the Review were discussed in the October 2004 meeting. 
14. The SPS Committee continued to grant ad hoc ob server status on a meeting-by-meeting basis 
to the European Free Trade Association (EFTA), the Latin American Economic System (SELA), the 
Inter-America Institute for Cooperation on Agricultu re (IICA), the Regional International Agricultural 
Health Organization (OIRSA), the ACP Group and th e OECD.  Consideration continued of requests 
for observer status from the Asian Pacific Coconut Community (APCC), the Convention on Biological Diversity (CBD) and its Cartagena Pr otocol on Biosafety, and the International 
Organization of Vine and Wine (OIV). 
15. The SPS Committee maintained its close working relationships with the IPPC, the OIE and 
Codex and received regular updates on their activities.   Other observer organizations also provided 
information on their activities, including technical assistance activities. 
16. The Committee agreed to the following tentative calendar of regular meetings for 2005:  9-
10 March, 29-30 June, and 26-27 October. 
 
__________ 
 
 
                                                     
 
15 The questionnaire is contained in G/SPS/W/113, and the responses to the questionnaire have been 
circulated as adden dum to G/SPS/GEN/295. 
16 G/SPS/GEN/523 and G/SPS/GEN/521, respectively. 
17 The report by the Chairperson to the Council  for Trade in Goods is contained in G/SPS/34. 
18 G/SPS/GEN/510 and G/SPS/32.