. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/128
16 July 1999
(99-2962)
Committee on Sanitary and Phytosanitary Measures Original:  English
SPS AGREEMENT AND DEVELOPING COUNTRIES
Statement by Egypt at the meeting of 7-8 July 1999
1. The SPS Agreement is an agreement that poses many difficult questions and provisions for
developing countries including Egypt.  The review of the SPS Agreement was completed in
March 1999, and we have taken note of the review report.  However we agree with other delegations
which are of the view that the review report had not been exhaustive, especially in addressing the
needs and concerns of developing countries, hen ce Members could at any time raise any issue for
consideration by the Committee.  With this in mind, my delegation wishes to raise the following
points.
Issue of Equivalency
2. The principle of equivalency is a key component of the SPS Agreement, and according to
Article 4, Members should accept the sanitary and phytosanitary measures of other Members asequivalent even if these measures differ from their own, if it is demonstrated that they achieve an
appropriate level of protection.  A number of difficulties have been encountered by developing
countries due to the inadequate implementation of this provision.  Equivalence in technologically
advanced countries has in itself become quite demanding and turns in some cases into a sanitary trade
barrier to exports from developing countries.  Furthermore, in practice, a number of developed
countries are requiring "sameness" rather than "equivalence" of measures, which is a source of
concern to many developing countries.  An evaluation of the means for the effective implementationof this provision is necessary and should be addressed.
Issue of Special and Differential Treatment for Developing Countries
3. Although Article 10 of the SPS Agreement addresses this issue with clear provisions, the
principle of special and differential treatment has not been translated into specific obligations.  It ismy delegation's understanding under Article 10 that developed countries should take account of the
special needs of developing countries in the preparation and application of sanitary or phytosanitary
measures.  Members should allow reasonable time between the publication and entry into force of an
SPS regulation, in particular those affecting producers in developing countries.  Longer time frames
should be provided for compliance with new SPS measures for products of interest to developingcountries.  Article 10.4 further stipulates that Members should encourage and facilitate the active
participation of developing countries in the relevant international standard-setting organizations,
however, the participation of developing countries in the relevant international standard-setting bodies
remains inadequate.  The issue of active participation of developing countries in these bodies should
be addressed from a wider perspective, namely that active participation requires adequate institutionalinfrastructure, human and financial resources, and effective follow-up capabilities.G/SPS/GEN/128
Page 2
Area of Technical Assistance
4. The SPS Agreement stipulates, according to Article 9, that where substantial investments are
required for an exporting developing country to fulfill the SPS requirements of an importing country,
the latter shall consider providing technical assist ance to permit the developing country to maintain
and expand market access opportunities for the product involved.  But many developing countries,
due to the lack of human, institutional and financial capacity, are unable to make use of this provision.
It would be useful for the Secretariat to prepare a questionnaire to both developed and developing
countries to identify whether any assistance has been provided in the context of this provision.  We
would strongly urge that technical assistance be extended to strengthen developing countries' abilities
to deal with scientific issues, especially risk assessment, and to improve laboratory facilities,
including the financing of the technology needed  to comply with SPS requirements in accordance
with Article 9.  We also believe that it is important to strengthen the participation of experts from
developing countries in standard-setting bodies, and monitor developments in standards that are of
interest to them.  We note that even when standards are developed multilaterally, the participation of
developing countries in most cases is nominal.  Equally important is to examine ways to encourage
and facilitate mutual recognition arrangements.
Transparency
5. The delegation of Egypt believes that full transparency in the area of SPS is paramount to its
faithful and sound implementation.  In this regard, we believe that the following steps should be
applied:
(i) a reasonable interval should be allowed between the publication of a measure and its
entry into force and between the notification of a draft measure and its adoption.  A
longer period for comments should be allowed in the case of products of special
export interest for developing countries, and a summary of the notified measure in
one of the WTO official languages should be made available;
(ii) comments should be taken into account.  If comments are not reflected in the final
text, the implementing country has to explain why;
(iii) exchange of information should take place by hard-copy and electronic means, since
several developing countries still have limited facilities to access information
electronically;
(iv) the Secretariat should play a more proactive role in keeping developing countries
aware of SPS measures which affect products of export interest to them.  In thisrespect a database could be created, incorporating SPS measures having a major trade
impact.
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