G/SPS/GEN/2126  
 
8 June  2023 
(23-3904) Page: 1/4 
Committee on Sanitary and Phytosanitary Measures    
 
ANNUAL REPORT ON THE PROCEDURE TO MONITOR THE PROCESS  
OF INTERNATIONAL HARMONIZATION  
NOTE BY THE SECRETARIAT1 
1  INTRODUCTION  
1.1.  At its meeting of 15 -16 October  1997, the SPS Committee adopted a provisional procedure to 
monitor the process of international harmonization and the use of international standards, guidelines 
or recommendations, as provided for in Articles 3.5 and 12.4 of the SPS Agreement . The Committe e 
extended the provisional monitoring procedure in 1999, 2001, and 2003, and revised the procedure 
in October 2004.2 In 2006, the Committee agreed to extend the provisional procedure indefinitely, 
and to review its operation as an integral part of the per iodic review of the operation and 
implementation of the Agreement under Article  12.7.3 The procedure was reviewed as part of the 
Third Review of the Agreement4, and again in the context of the Fourth5 and Fifth Review.6 
1.2.  In November 2020, New Zealand su bmitted a proposal on the procedure to monitor the process 
of international harmonization (G/SPS/GEN/1851 ), followed by subsequent proposal s in 
February  2021 (G/SPS/GEN/1877 ) and May 2021 ( G/SPS/GEN/1915 ). In November 2021, 
the Committee  held a Thematic Session on Monitoring International Harmonization  on the margins 
of the  November 2021  Committee meeting .7 Subsequently, New Zealand submitted another 
communication in March 2022 ( G/SPS/GEN/1998 ). The Co mmittee discussions on these proposals 
are detailed in Section 4.1  of this document.  
1.3.  The Committee has previously considered twenty -four annual reports on the monitoring 
procedure.8 These reports  summarize several standards -related issues that the Committee  has 
considered , and the responses received from the relevant standard -setting organizations.  
This current report includes the issues that were considered in the Ju ne and November 2022, and 
March 2023 Committee meetings.  
2  NEW ISSUES  
2.1.  Since the 20 22 Annual Report, two new issues have been raised under this procedure : 
(i) Update on response to highly pathogenic avian influenza (HPAI): Importance of WOAH  guidelines;  
and (ii) Update on WOAH  BSE negligible risk status . 
 
1 This document has been prepared under the Secretariat's own responsibility and is without prejudice 
to the position of Members  or to their rights and  obligations under the WTO.  
2 G/SPS/14 , G/SPS/17 , G/SPS/25  and G/SPS/11/Rev.1 . 
3 G/SPS/40 . 
4 G/SPS/53 . 
5 G/SPS/62 . 
6 G/SPS/64 /Add.1 . 
7 The Chairperson's report of the Thematic session is contained in A nnex B of document G/SPS/R/104 . 
8 These were circulated as G/SPS/13 , G/SPS/16 , G/SPS/18 , G/SPS/21 , G/SPS/28 , G/SPS/31 , G/SPS/37 , 
G/SPS/42 , G/SPS/45 , G/SPS/49 , G/SPS/51 , G/SPS/54 , G/SPS/56 , G/SPS/59 , G/SPS/60 , G/SPS/GEN/1332 , 
G/SPS/GEN/1411 , G/SPS/GEN/1490 , G/SPS/GEN/1550 , G/SPS/GEN/1617 , G/SPS/GEN/1710 , G/SPS/GEN/1776 , 
G/SPS/GEN/1909  and G/SPS/GEN/2022 . G/SPS/GEN/2126  
 
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  2.1  Update on response to highly pathogenic avian influenza (HPAI): Importance of 
WOAH  guidelines  
2.2.  At the June 2022 Committee meeting , noting the challenges associated with the global spread 
of H5N1 HPAI in farmed birds, Canada  highlighted the importance  of working c ollaboratively and 
basing trade measures on WOAH's guidelines. Following detections, the Canadian Food Inspection 
Agency (CFIA) implemented control measures including establishing appropriate control zones, and 
reported findings to WOAH and key trading par tners directly and through missions abroad. 
Up-to-date information was available on the CFIA website. Canada requested its trading partners to 
limit trade restrictions to the established controlled zones, based on WOAH guidelines, and remained 
available to  respond to questions from Members on Canada's HPAI situation.  
2.2  Update on WOAH  BSE negligible risk status  
2.3.  At the June 2022 Committee meeting , Canada  thanked Members who had approved Canadian 
cattle, beef and beef products based on Canada's previous controlled risk status, following its official 
recognition by WOAH as having negligible risk for BSE in May 2021. Canada noted that, in May 2022, 
WOAH had re affirmed Canada's status, wh ich demonstrated the appropriateness and effectiveness 
of its BSE response. Canada  requested other Members to lift remaining restrictions, in accordance 
with the Terrestrial Code.  
2.4.  At the November 2022 Committee meeting , Canada  reported that several Members had 
removed the remaining BSE restrictions on Canadian cattle, beef and beef products based on 
Canada's WOAH BSE negligible risk status. Canada urged Members who had not yet done so to 
remove the remaining restrictions on Canadian exports. Canada recalled the im portance of basing 
SPS measures on international standards, as established in Article 3 of the SPS Agreement . 
2.5.  At the March 2023 Committee meeting , Canada  reported that several Members had removed 
the remaining BSE restrictions on Canadian cattle, beef, and beef products based on Canada's WO AH 
BSE negligible risk status, and several other Members were actively taking steps to remove their 
remaining BSE related restrictions. Canada urged Members who had not yet done so to remove the 
remaining restrictions on Canadian  exports. Canada recalled t he importance of basing SPS measures 
on international standards, as established in Article 3 of the SPS  Agreement.  
3  PREVIOUS ISSUES  
3.1.  Since the 2022 Annual Report, there was further discussion on two issues previously raised 
under this procedure  regarding : (i) ASF restrictions not consistent with the WOAH international 
standard; and (ii) HPAI restrictions not consistent with the WOAH  international standard.  
3.1  ASF restrictions not consistent with the WOAH  inter national standard  
3.2.  At the June 2022 Committee meeting , the European  Union  drew the Committee's attention to 
inconsistencies in the application of WOAH  international standards related to ASF. 
The European  Union  considered that many Members d id not follow WOAH  Terrestrial Code guidance 
for identification, treatment, and certification of tradable products and zoning. The European  Union  
highlighted that ASF could be managed effectively to ensure that legitimate trade was not the cause 
of any outbreak, as presente d in the Thematic Session held in March 2021. The European  Union  
added that ASF was a disease affecting several WTO Members, and considered that it was a shared 
interest to maintain free and safe trade of pork and its products. Members were invited to work  with 
the European  Union  on the substitution of country -wide trade bans by science -based, rational and 
proportionate measures.  
3.3.  At the November 2022 Committee meeting , the European  Union  pointed out inconsistencies in 
the application of WOAH international standards related to ASF. The Europe an Union  considered that 
many Members did not follow the WOAH Terrestrial Code guidance for identification, treatment, and 
certification of tradable products and zoning. The European  Union  highlighted that ASF could be 
managed effectively to ensure that le gitimate trade was not the cause of any outbreak, as presented 
in the Thematic Session held in March 2021. The European  Union  added that ASF was a disease 
affecting several WTO Members, and considered that it was a shared interest to maintain free and 
safe trade of pork and pork products. Members were invited to address the tasks identified in the 
MC12 Declaration and implement science -based, rational and proportionate import policies . G/SPS/GEN/2126  
 
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  3.4.  At the March 2023 Committee meeting , the European  Union  pointed out inconsistencies in the 
application of WOAH international standards related to ASF. The European  Union considered that 
many Members did not follow the WOAH Terrestrial Code guidance for identification, treatment, and 
certification of tradable pr oducts and zoning. The European  Union highlighted that ASF could be 
managed effectively to ensure that legitimate trade was not the cause of any outbreak, as presented 
in the Thematic Session held in November 2021. The European  Union added that ASF was a d isease 
affecting several WTO Members, and that it was a shared interest to maintain free and safe trade of 
pork and pork products. Members  were invited to address the issue of country -wide bans and 
implement science -based, rational and proportionate import  policies.  
3.2  HPAI restrictions not consistent with the WOAH  international standard  
3.5.  At the June 2022 Committee meeting , the European  Union  regretted that some Members 
disregarded their obligations under Article  6 and Annex C of the SPS Agreement . 
The European  Union  referred to Canada's comment s regarding the need to apply and respect 
international standards on zoning. Country -wide bans after a disease outbreak were not scientifically 
justified where effective movement controls were in place, and there was no justification to wait one 
year or mo re to restore disease -free status. Noting the revisions regarding avian influenza in the 
Terrestrial Code adopted at the 88th WOAH General Session of May 2021, the European  Union  asked 
Members to respect their obligations on regionalization under the SPS Agreement , and to follow 
WOAH recommendations.  
3.6.  At the November 2022 Committee meeting , the European  Union  regretted that some Members 
disregarded their obligations under Article 6 and Annex C of the SPS Agreement . Country -wide bans 
after a disease outbreak were not scientifically justified if effective movement controls were in place, 
and there was no justification to wait one year or more to restore disease -free status. 
The European  Union  asked WTO Members to respect their obligations on regionalization under 
the SPS Agreement , to follow ISSB  recommendations and to allow trade from non -affected zones. 
The European  Union  was committed to address the tasks identified in the MC12 Declaration, together 
with other Members, to strengthen science -based, rational and proportionate import policies.  
3.7.  At the March 2023 Committee meeting , the European  Union  regretted that some Members 
disregarded their obligations under Article  6 and Annex C to the SPS  Agreement and implemented 
country -wide bans after a local AI  outbreak. The European  Union indicated that these bans were not 
scientifically j ustified if effective movement controls were in place, and there was no justification to 
wait one year or more to restore disease -free status. The European drew attention to the revised 
WOAH Terrestrial Code on AI, which recommended a reduced waiting perio d of 28 days instead of 
three months. The European  Union asked Members to respect their obligations on regionalization, 
follow WOAH recommendations, and allow trade from non -affected zones.  
4  OTHER ISSUES  
4.1  Procedure to Monitor the Process of International Harmonization ( G/SPS/GEN/1851 , 
G/SPS/GEN/1877 , G/SPS/GEN/1915  and G/SPS/GEN/1998 ) 
4.1.  At the June 2022 Committee meeting , referring to t he discussions in the informal Committee 
meeting, New Zealand  thanked Members and the ISSBs for their inputs. While Members and the 
ISSBs had acknowledged the importance of the procedure to monitor the process of international 
harmonization, New  Zealand  noted that the topic was currently not seen as a priority for Members. 
New Zealand  invited the Secretariat to encourage the ISSBs to provide brief reports under the 
agenda item on harmonization in future SPS  Committee meetings. New Zealand indicated that it did 
not intend to make further proposals on this matter.  
4.2.  Noting that the Committee was to  address matters of key importance linked to the work plan 
of the SPS Declaration , Chile recognized that addressing issues related to the procedure to monitor 
the proc ess of international harmonization could be complex and counterproductive. 
Notwithstanding, Chile recalled that the procedure to monitor the process of international 
harmoniza tion was a commitment established in the Agreement, which it considered could be 
addressed as part of the work plan of the SPS  Declaration, or as part of the Sixth Review of the 
Operation and Implementation of the SPS Agreement . G/SPS/GEN/2126  
 
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  4.3.  The Chairperson  invited the Secretariat to consult with the ISSBs  on this matter, and suggested 
deleting this agenda item for the next informal SPS  Committee meeting.  
4.4.  The Chairperson  also drew the Committee's attention to the draft report of the informal 
meeting held on 23  June 2022. The draft report had been circulated  to Members with an opportunity 
to provide comments by Friday, 1  July 2022.9 
4.2  Thematic Session  on International Standards and Best Practices in Pest Risk 
Identification, Assessment and Management  (G/SPS/GEN/1951/Rev.1 ) 
4.5.  At the November 2022 Committee meeti ng, the Chairperson  drew the Committee's attention 
to his draft report on the Thematic Session on International Standards and Best Practices in Pest 
Risk Identification, Assessment and Management , which had been held on 8 November 2022.10 
The draft report had been circulated to Members with an opportunity to provide comments by Friday, 
18 November 2022.  
4.6.  Chile appreciated the organization of the thematic ses sion and the experience -sharing by 
Members, the IPPC, FAO and the private sector. The recognition and the implementation of good 
practices, with access to the available sources of information, was essential for plant health 
protection, food production and the reduction of the impact of phytosanitary protection on 
international trade. Chile reiterated its availability to continue cooperation on this topic both in this 
forum and bilaterally.  
5  RESPONSES RECEIVED FROM THE RELEVANT STANDARD -SETTING ORGANIZATIONS  
5.1  WOAH – Observatory project  
5.1.  At the November 2022 Committee meeting , WOAH  explained that international standards were 
approved by the General Assembly held in May each year and, after adoption, were incorporated to 
the respective Codes and Manuals. Acknowledging that the implementation at cou ntry level could 
involve challenges, WOAH clarified that the Observatory project was a programme created to have 
an overview of members' uptake of international standards. Members were invited to read the first 
annual report on the Observatory project, to be published in December.11 WOAH reiterated that, 
once the standards had been adopted, it was Members' responsibility to translate them to their 
national legislation and ensure they were properly implemented.  
5.2  WOAH – Joint side event12 on monitoring and the Observatory project  
5.2.  At the March 2023 Committee meeting , WOAH  reiterated its commitment to monitor the uptake 
of its international standards. WOAH  reminded Members that the Observatory programme had 
recently been set up and had produced its first annual report this ye ar, available in English, French, 
and Spanish.13 The report provided a global perspective of Members' implementation of standards. 
WOAH noted that the main limitation of the Observatory was the availability of information both in 
quantity and quality, and encouraged Members to submit good quality information to enable 
meaningful analysis. WOAH  indicated its willingness to provide input if and when the Committee 
decided to revisit the SPS notification forms.  
__________  
 
9 The Chairpers on's report of the discussions on New Zealand's proposal held in the June 2022 informal 
Committee meeting is contained in Annex C of the summary report, G/SPS/R/107 . 
10 The dedicated webpage for the Thematic Session on International Standards and Best Practices in 
Pest Risk Identification, A ssessment and Management  can be accessed here: 
https://www.wto.org/english/tratop_e/sps_e/thematic_session_nov22_e.htm . The final report  is included in 
Annex A  of the s ummary report  of the November 2022 Committee meeting , G/SPS/R/108 . 
11 Report subsequently ma de available  via the following link : Implementation of standards: the 
Observatory Annual Report . 
12 On the margins of the Mar ch 2023 Committee meeting, Codex, the IPPC and WOAH organized the 
side event Monitoring the Implementation of International Standards . Additional inform ation available in 
document G/SPS/GEN/2 100. 
13 More information is available in the dedicated webpage: Observatory - WOAH - World Organisation for 
Animal Health .