G/SPS/W/338  
 
22 March 2023  
(23-2065) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures    
 
RECOMMENDATIONS  IN RELATION TO SPS APPROVAL PROCEDURES  
NOTE BY THE SECRETARIAT1 
Following the recommendation from the fifth review of the operation and implementation of the 
Agreement on the Application of Sanitary and Phytosanitary Measures ( SPS Agreement ), 
a Working  Group on Approval Procedures  was established with the goal of exploring:  
• Key challenges of approval procedures that impact international trade and that the  
SPS Committee should seek to address;  
• Principles of approval procedures that facilitate international trade while meeting the importing 
Member's appropriate level of protection  (ALOP)  and the SPS Committee's role in highlighting 
these principles;  
• Tools available and best practices to enhance the implementation of the obligations of the 
SPS Agreement  as they apply to approval procedures;  and 
• Other topics raised by participants over the course of the W orking Group on Approval 
Procedures . 
The Working Group on Approval Procedures developed a note on Outcomes and Recommendations.2 
The recommendations below do not represent a legal interpretation of the rights and obligations under 
the SPS Agreement  and do not in any way exemplify a legal definition.  
1  RECOMMENDATIONS  
1.1.  The Collection of Available Tools and Resources  in document G/SPS/W/ 337 will be kept up to date  
by the SPS Committee with the assistance of the Secretariat . 
1.2.  Members should consider the use of SPS Committee mechanisms to facilitate discussions on the 
challenges  and principles of approval procedures, and to further explore the need for additional guidance 
or tools to be developed. These mechanism s include , but are not limited to : 
a. Agenda item 4(d)  of the formal SPS Committee meeting on  Operation and implementation  of 
the SPS Agreement – Control inspection and approval procedures ; 
b. The upcoming sixth review process ; and 
c. The thematic groups  established under the MC12 SPS Declaration work programme . 
1.3.  Members are encouraged to further the implementation of Annex C of the SPS Agreement  with 
respect to approval procedures . 
 
1 This document has been prepared under the Secretariat's own responsibility and is without prejudice to the 
positions of Members or to their rights and obligations under the WTO.  
2 G/SPS/GEN/2099 . G/SPS/W/338  
 
- 2 - 
 
  1.4.  Members are reminded of the importance of key principles of the SPS Agreement , including those 
reflected in Annex C of the Agreement . Members are reminded of the importance of the following 
principles of approval procedures  to facilitate international trade while meeting the importing 
Member's  ALOP: 
a. Science -based, risk -based SPS measures in accordance with Articles 2.2 , 3, and 5 ; 
b. Timely approval  and no undue delay in approval procedures in accordance with Annex  C.1(a) , 
and information requirements limited to what is necessary in accordance with Annex C.1(c) ; 
c. Transparency , communication , and publication with respect to approval proce dures in 
accordance with Article 7 and Annexes B and C : 
i. Members are encouraged to make relevant information on approval procedures available 
on official websites, ideally in multiple languages, and to use e -tools to provide clear and 
timely information on approval procedures ; 
ii. Members are encouraged to have up -to-date contact details of their SPS National Enquiry 
Points and Nationa l Notification Authorities available on the ePing SPS&TBT Platform ; 
iii. Members are encouraged to notify all new or changed approval procedures that are 
expected to have a significant effect on trade of other Members ; 
iv. Members are encouraged to provide relevant information proactively at the start of the 
approval process, inclu ding with respect to  the requirements for the approval procedure, 
anticipated processing period, steps of the approval procedure, and relevant deadlines and 
timeframes, as well as to provide regular status updates ; 
v. Members are encouraged to maintain an ope n and ongoing communication with applicants 
throughout approval processes ; and 
vi. Members  are encouraged , to the extent possible, to use international  tools for the 
electronic exchange  of certificates ; 
d. Non-discrimination and consistent treatment of Members wi th the same SPS status in 
accordance with Article 2.3, Article 5.5, and Annex C.1(a) ; 
e. Harmonization with international standards in accordance with Article 3 and Annex C ; and 
f. Equitable fees in accordance with Annex C.1(f) . 
1.5.  Members are encouraged to engage in regulatory cooperation to maximize capacity and resources , 
to facilitate approval procedures, and to address asynchronous approvals . 
1.6.  Members  are encouraged to adopt approval procedures that make use of modern technologies and 
practices, such as remote audits , and to work with relevant international organizations in this area . 
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