WT/GC/W/914  
G/SPS/W/347  
 
6 December 2023  
(23-8289) Page: 1/2 
General Council  
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
DRAFT  DECISION ON SANITARY AND PHYTOSANITARY MEASURES  
COMMUNICATION FROM THE AFRICAN GROUP  
The following communication, dated 5 December 2023, is being circulated at the request of the 
delegation of Cameroon on behalf of the African Group.  
 
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The Ministerial Conference ,  
 
Recalling  the adoption of the Sanitary and Phytosanitary Declaration for the 12th Ministerial 
Conference: Responding to modern SPS challenges adopted on 17 June 2022 which  reaffirmed the 
rights and obligations of Members established by the SPS Agreement and called for Members' 
strengthened adherence to the SPS Agreement to support int ernational trade while ensuring the 
protection of human, animal and plant life or health.  
 
Further recalling  that the WTO Agreement on the Application of Sanitary and Phytosanitary Measures  
(the SPS Agreement) explicitly recognizes the right of governments  to take measures to protect 
human, animal and plant health, as long as these are based on science, are necessary for the 
protection of health, and do not unjustifiably discriminate among foreign sources of supply.  
 
Raising  with concern the rise of SPS mea sures that are arbitrary and not based on science.  
 
Recognizing  that developing country Members, and in particular least -developed country Members, 
face specific difficulties in meeting the sanitary and phytosanitary requirements of many of their 
trading partners due to import requirements that differ from those based  on the relevant 
international standards and that these pose considerable difficulties to developing countries.  
 
Further recognizing  that many developing countries need development support to adhere to SPS 
requirements and thereby to take advantage of mark et access opportunities.  
 
Decides  
 
1. Members shall refrain from applying SPS measures that are arbitrary and not based on 
science or which would constitute a disguised restriction on international trade and shall 
apply scientifically justified measures with  minimal impact on trade.  
 
2. Members shall apply measures only to the extent necessary to protect human, animal or 
plant life or health and shall not arbitrarily or unjustifiably discriminate between countries 
or commodities with regard to the same pest wher e identical or similar conditions prevail, 
including between their own territory and that of other members.  
 
3. Members will use international standards, guidelines and recommendations where they 
exist. Where a Member uses SPS measures which result in higher level of sanitary or 
phytosanitary protection than would have been achieved by measures based on relevant 
international standards, guidelines or recommendations, such SPS measures must be 
scientifically justifiable, not arbitrary nor aimed at being trade r estrictive.   
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  4. The Codex Alimentarius Commission, the World Organization for Animal Health (WOAH), and 
International Plant Protection Convention (IPPC) shall assist the Committee with 
interpretation of the SPS standards that are issues of concern while addr essing Specific 
Trade Concerns during meetings of the SPS Committee.  
 
5. If exporting developing and least developed country Members identify specific problems in 
complying with a sanitary or phytosanitary measures of an importing Member, the latter 
shall upo n request enter into consultations with a view to finding a mutually satisfactory 
solution within a reasonable time.  
 
6. Developed country Members and developing country Members in a position to do so shall 
take account of the special needs of developing cou ntry Members, and in particular of the 
least-developed country Members when introducing and applying SPS measures.  
 
7. Upon request from a developing country, developed countries shall grant longer time -frames 
for compliance for products of interest to develo ping country Members when introducing new 
sanitary or phytosanitary measures so as to maintain and expand its market access 
opportunities for involved products.  
 
8. If an exporting developing country Member identifies specific problems of capacity in fulfilli ng 
the sanitary or phytosanitary requirements of an importing developed country Member, the 
latter shall assist the former with the required capacity on preferential and noncommercial 
terms, preferably free of cost, keeping in view the development, financi al and trade needs 
of the exporting developing country.  
 
9. The Members and the Secretariat of the SPS Committee will continue and or strengthen, as 
appropriate, efforts to provide technical assistance to developing country Members to adjust 
to and comply wit h sanitary and phytosanitary measures in order to achieve the appropriate 
level of sanitary and phytosanitary protection.  
 
 
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