G/SPS/GEN/2127  
 
8 June  2023 
(23-3909) Page: 1/7 
Committee on Sanitary and Phytosanitary Measures    
 
ANNUAL REPORT ON THE IMPLEMENTATION OF ARTICLE 6  
OF THE AGREEMENT ON THE APPLICATION OF SANITARY  
AND PHYTOSANITARY MEASURES  
NOTE BY THE SECRETARIAT1 
Article  6 of the SPS Agreement  requires that measures take into account pest - or disease -free areas 
or areas of low pest or disease prevalence. This concept is frequently referred to as "regionalization ". 
At the 2 -3 April 2008 meeting, the Committee on Sanitary and Phytosanitary Measur es adopted 
guidelines to further the practical implementation of Article  6.2 These guidelines are intended to 
provide assistance to Members in the implementation of Article  6 by improving transparency, 
exchange of information, predictability, confidence a nd credibility between importing and exporting 
Members.  
The guidelines require the Secretariat to prepare an annual report to the Committee on 
implementation of Article  6 based on the information provided by Members concerning:  
1. requests for recognition of pest- or disease -free areas or areas of low pest or disease 
prevalence;  
2. determinations on whether to recognize a pest - or disease -free area or area of low pest 
or disease prevalence; and/or  
3. Members' experiences in the implementation of Article  6 and the pr ovision of relevant 
background information by Members on their decisions to other interested Members.  
The report covers the period from 1 April 2022 until 31 March 2023, based on information provided 
by Members through notifications and information present ed during SPS  Committee meetings. 
This information was frequently provided under the agenda item "Pest- and Disease -Free 
Areas  - Article 6 ". Relevant information provided under other agenda items is also included in the 
report. A list of notifications rela ted to Article  6 is contained in section 4 ; and section 5  lists the 
relevant specific trade concerns.  
Within the context of the Fifth Review  of the Operation and Implementation of the SPS Agreement , 
the Committee also discussed several recommendations on regionalization.3 Similarly, in the context 
of the MC12 SPS Declaration "Responding to Modern Challenges "4, discussions have been taking 
place in Thematic Group 3 on "How to enhance the safe international trade in food, animals and 
plants and products thereof through the adaptation of SPS measures to regional conditions, including 
pest- or disease -free areas and areas of low pest or disease p revalence which can strengthen 
Members' ability to protect plant and animal life or health through efforts to limit the spread of pests 
such as the Mediterranean fruit fly, diseases such as African swine fever, disease -carrying 
 
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/48 . 
3 The recommendations from the Fifth Review, and information on the Committee discussions, are 
available in Part A of the Report of the Fifth Review  (G/SPS/64, see section 9 on regionalization). A factual 
report on the work of t he Committee is contained in document G/SPS/64/Add.1  (see section 14 on 
regionalization).  In addition, an overview of all of the proposals submitted under the Fifth Review , including 
several on regionalization,  is available in document G/SPS/GEN/1625/Rev.6 . 
4 The text of the MC12 SPS Declaration is available i n document WT/MIN(22)/27 . G/SPS/GEN/2127  
 
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  organisms, or disease -causin g organisms. " More information on the discussions is available on the 
MC12 SPS Declaration dedicated webpage . 
1  REQUESTS FOR RECOGNITION OF PEST - OR DISEASE -FREE AREAS OR A REAS OF LOW 
PEST OR DISEASE PREVALENCE  
1.1  June 2022 meeting ( G/SPS/R/10 7) 
1.1.  No Member provided any information under this agenda item.  
1.2  November 2022 meeting (G/SPS/R/ 108) 
1.2.  No Member took the floor under this agenda item.   
1.3  March 202 3 meeting (G/SPS/R/ 109) 
1.3.1   Chile – Declaration rega rding quarantine pests ( G/SPS /GEN/2107 ) 
1.3.  Chile affirmed that its phytosanitary measures were adapted to the regional characteristics of 
the areas from which the product originated and to which the product was destined. It also informed 
the Committee that the Agricultural and Livestock Service (SAG) regularly established and updated 
its lists of quarantine pests, and confirmed that Xylella fastidiosa  was absent throughout its territory. 
Chile invited Members to consider the information provided when defining the import requirements 
for its vegetable products.  
2  DETERMINATION ON WHETHER TO RECOGNIZE A PEST - OR DISEASE -FREE AREA OR 
AREA OF LOW PEST OR DISEASE PREVALENCE  
2.1.  No Member reported on experiences in recognizing a pest - or disease -free area during the 
period covered by this report.  
3  MEMB ERS' EXPERIENCES IN THE IMPLEMENTATION OF ARTICLE 6  
3.1  June 2022 meeting (G/SPS/R/107 ) 
3.1.1   Canada - Update on response to highly pathogenic avian infl uenza (HPAI): 
Importance of WOAH  guidelines  
3.1.  Noting the challenges associated with the global spread of H5N1 HPAI in farmed birds , 
Canada  highlighted the importance of working collaboratively and basing trade measures on 
WOAH's  guidelines. Following detect ions, the Canadian Food Inspection Agency (CFIA) implemented 
control measures including establishing appropriate control zones, and reported findings to 
WOAH  and key trading partners directly and through missions abroad. Up -to-date information was 
availabl e 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.  
3.1.2   Canada - Update on WOAH BSE negligible risk status  
3.2.  Canada  thanked Members who had approved Canadian cattle, beef and beef products based 
on Canada's previous controlled risk status, f ollowin g its official recognition by WOAH as having 
negligible risk for  BSE in May 2021. Canada noted that, in May 2022, WOAH had reaffirmed 
Canada's  status, what demonstrated the appropriateness and effectiveness of its BSE response.  
Canada  requested other Members to lift remaining restrictions, in accordance with the Terrestrial 
Code.  G/SPS/GEN/2127  
 
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  3.1.3   Europe an Union  – ASF restrictions not consistent with the WOAH  international 
standard  
3.3.  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 
did not follow WOAH Terrestrial Code guidance for identification, treatment, and certificat ion 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 presented in the 
Thematic Session held in March 2021. The European  Union  added t hat 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.  
3.1.4   European  Union  – HPAI  restrictions not consistent with WOAH  international 
standards  
3.4.  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 comments 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 pla ce, and there 
was no justification to wait one year or more 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 res pect their obligations on regionalization under 
the SPS Agreement , and to follow WOAH recommendations.  
3.2  November 20 22 meeting ( G/SPS/R/108 ) 
3.2.1   Canada – Update on WOAH BSE negligible risk status  
3.5.  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 importance of basing SPS measures on international standards, as 
established in Article 3 of the SPS Agreement . 
3.2.2   European  Union  – ASF restrictions not consistent with the WOAH  international 
standard  
3.6.  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 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 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 maintai n 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.  
3.2.3   European  Union  – HPAI restrictions not consistent with th e WOAH  international 
standard  
3.7.  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 . G/SPS/GEN/2127  
 
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  3.3  March 202 3 meeting ( G/SPS/R/109 ) 
3.3.1   Argentina – Current avian influenza status  
3.8.  Argentina  stated that, despite the strengthening of prevention and surveillance actions in 
response to the spread of HPAI in the world since 2020, several cases had been detected in 
South  America in 2022. Argentina's National  Agriculture and Food Quality and Health Service 
(SENASA) had reinforced its activities for early detection of cases in its territory. Following an initial 
detection of the AI virus in wild birds in February 2023 in Argentina, 49 cases had been detected in  
backyard birds, seven in commercial birds and four in wild birds. Argentina explained the actions 
put in place following the detection of AI in poultry. Argentina also reminded that WOAH was being 
kept informed when relevant and that the updated informati on was available on SENASA's website. 
Argentina requested its trading partners to maintain market access requirements for poultry 
products according to WOAH recommendations, and to consider new proposals for certification, 
adapted to the sanitary situation . 
3.3.2   European  Union  – ASF restrictions not consistent with the WOAH international 
standard  
3.9.  The European  Union  pointed out inconsistencies in the application of WOAH international 
standards related to ASF. The European  Union  considered that many Members did no t 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 
legitimate trade was not the cause of any outb reak, as presented in the Thematic Session held in 
November 2021. The European  Union  added that ASF was a disease affecting several WTO Members, 
and that it was a shared interest to maintain free and safe trade of pork and pork products. 
Members  were invit ed to address the issue of country -wide bans and implement science -based, 
rational and proportionate import policies.  
3.3.3   European  Union  – HPAI restrictions not consistent with the WOAH international 
standard  
3.10.  The European  Union  regretted that some Members disr egarded 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 justified if effective 
movement controls were in pl ace, 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 period of 28 days instead of 3 months. The European  Union asked 
Members to respect their obligations on regionalization, follow WOAH recommendations, and allow 
trade from non -affected zones.  
3.3.4   Canada – Update on WOAH BSE negligible risk status  
3.11.  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, and 
several other Members were actively taking steps to remove their remaining BSE rela ted restrictions. 
Canada urged Members who had not yet done so to remove the remaining restrictions on 
Canadian  exports. Canada recalled the importance of basing SPS measures on international 
standards, as established in Article 3 of the SPS  Agreement.  
4  NOTIFICATIONS RELATED TO ARTICLE 6  
4.1.  From April 2022 through March 2023, 193 notifications ( 8 regular and 185 emergency) related 
to Article  6. Two of those notifications , one regular and one emergency notification,  indicated that 
the notified measure was trade facilitating; these notifications mainly inform of measures that will 
simplify the requirements for the import of products originating from certain regions, as well as the 
recognition of pest -free or disease -free areas  (Table 4.1 ). G/SPS/GEN/2127  
 
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  Table 4.1:  Trade Facilitating Notifications related to Article  6 (April 202 2 – March 202 3) 
Document symbol  Notifying 
Member  Description of content  
G/SPS/N/ CRI/247 Costa  Rica Resolution DSFE -004-2022 of the State Phytosanitary Service repeals 
Resolutions DSFE -002-2018 and DSFE -003-2018, and establishes 
phytosanitary requirements governing the  importation of  fresh 
avocados ( Persea  americana  Mill) for consumption, originating fr om the 
United States of America (State of Florida and State of California), 
Guatemala, Honduras, Mexico and Peru.  
G/SPS/N/SAU/498  Saudi Arabia , 
Kingdom of  Notice of the Ministry of Environment Water and Agriculture, Decision 
No. 435464/1291/1441 dated 2 March 2023 entitled "Lifting the 
Temporary Ban imposed on importation of equine originated from 
Brazil ". 
 
5  SPECIFIC TRADE CONCERNS , DISPUTES  AND REGIONALIZATION  
5.1.  Specific trade concerns (STCs) can be raised due to issues pertaining to regionalization. 
From April 2022 through March 2023, seven STCs that related to regionalization were raised for the 
first time  (Table 5.1 ). 
Table 5.1: New STCs related to Regionalization (April 20 22 – March 20 23) 
STC ID Title Member 
raising the 
concern  Member 
responding to 
the concern  Date first raised  
(subsequently 
raised)  
563 Mexico's import restrictions due to 
African swine fever (ID 563)  European  Union  Mexico  22/03/2023  
(0 times)  
558 EU import restrictions on 
ostrich  meat (ID 558)  South Africa  European  Union  09/11/2022  
(0 times)  
556 Japan's approval procedures 
for poultry products  Russian 
Federation  Japan  09/11/2022  
(0 times)  
555 Namibia's approval procedures for 
beef and meat of small ruminants  Russian 
Federation  Namibia  09/11/2022  
(0 times)  
548 Morocco 's import ban on ornamental 
plants  European  Union  Morocco  22/06/2022  
(1 time)  
544 Peru's non -application of 
regionalization for African swine 
fever European  Union  Peru 22/06/2022 
(2 times) 
543 EU recognition of Mexico as a country 
with OIE negligible BSE risk  Mexico  European  Union  22/06/2022  
(2 times) 
 
5.2.  For the same period, and in addition to the three newly raised STCs that were raised again 
(IDs 543, 544 and 548), nine other previously raised STCs that related to regionalization were 
brought again to the attention of the Committee  (Table 5.2 ). 
Table 5.2: Previously Raised STCs related to Regionalization (April 20 22 – March 20 23) 
STC ID Title Member raising 
the concern  Member 
responding to 
the concern  Date first raised  
(subsequently 
raised)  
538 Chinese Taipei's new procedure for 
the recognition of infectious animal 
disease -free status of a foreign 
country  European  Union  Chinese Taipei  23/03/2022  
(2 times)  
490 Korea's lack of progress on  pending 
applications for authorization of 
beef imports  European  Union  Korea  05/11/2020  
(4 times)  G/SPS/GEN/2127  
 
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  STC ID Title Member raising 
the concern  Member 
responding to 
the concern  Date first raised  
(subsequently 
raised)  
4895 Mexico's import restrictions  on pork  Brazil  Mexico  05/11/2020  
(6 times)  
484 India's approval procedures for 
animal products  Russian Federation  India 25/06/2020  
(5 times)  
471 US non -recognition of the pest -free 
status in the European  Union  for 
Asian longhorn beetle and citrus 
longhorn beetle  European  Union  United  States  25/06/2020  
(8 times)  
466 The Philippines' trade restrictions 
on imports  of meat  European  Union ; 
Russian  Federation  Philippines  7/11/2019  
(9 times)  
431 South Africa's import restrictions on 
poultry due to highly pathogenic 
avian influenza  European  Union  South Africa  2/11/2019  
(14 times)  
406 China's import restrictions due to 
highly pathogenic avian influenza  European  Union ; 
United  States of 
America  China  16/03/2016  
(18 times)  
392 China's import restrictions due to 
African swine fever  European  Union  China  15/07/2015  
(16 times)  
5.3.  In addition, panel proceedings in the context of the WTO dispute settlement resolution 
procedures continued with respect to three previously raised STCs:  
▪ India's restrictions due to avian influenza ( STC 185  supported by the United  States , 
March  2004). At its meeting on 19 June 2015, the DSB adopted the Appellate Body report 
and the Panel report, as modified by the App ellate Body report ( DS430 ). Thereafter, 
on 19 April 2016, the matter was referred to arbitration under Article  22.6 of the DSU. 
The arbitration Panel was composed with the ori ginal panelists. On 6 April 2017, 
India requested the establishment of a compliance Panel (Article  21.5) . At its meeting on 
19 April 2017, the DSB deferred the establishment of a compliance Panel. At its meeting on 
22 May 2017, the DSB agreed, pursuant to Article  21.5 of the DSU, to refer to the original 
Panel, if possible.  The compliance Panel was composed by the original panel ists. 
The arbitration and compliance proceedings are currently ongoing.6 
▪ Costa  Rica's measures on fresh avocados due to avocado sunblotch viroid ( STC 394  raised 
by Mexico, July 2015). On 8 March 2017, Mexico requested consultations with Costa  Rica 
(DS524 ). On 22 November 2018, Mexico requested the establishment of a panel. 
At its meeting on 4  December  2018, the DSB deferred the establishment of a panel. 
At its meeting on 18  December 2018, the DSB established a panel. Thereafter, t he Panel 
was composed on 16 May 2019. On 29 May 2020, Mexico and Costa  Rica informed the DSB 
that they had agreed to Procedures for Arbitration under Article  25 of the DSU in this 
dispute.7 On 26 November 2021, Mexico and Costa  Rica informed the DSB that they had 
agreed to a revised version of the Procedures for Arbitration.  On 13 April 2022, the Panel 
report was circulated to Members . At its meeting on 31 May 2022, the DSB adopted the 
Panel report.  
 
5 In October 2022, Brazil requested the Good Offices of the Chair under Article 12.2 of the 
SPS Agreement  and the ad hoc  consultations procedure ( G/SPS/61 ) regarding issues pertaining to the export 
of swine meat to Mexico ( G/SPS/GEN/2078 ). Mexico  subsequently  provided a response in accordanc e with 
paragraph 2.3 of the ad hoc  consultations procedure. Mexico rejected the request because it had published the 
requirements to be met for the importation of pork from Brazil to Mexico and thus was of the view that  it was 
not necessary to continue wit h the Good Offices of the Chair ( G/SPS/GEN/2079 ). 
6 The compliance  Panel has received several joint requests from the parties to postpone the issuance of 
its final report. In its most recent communication, dated 2 December 2022, the Chair of the compliance Panel 
informed the DSB that the Panel had accepted an additional joint request from the parties to postpone the 
issuance of its report, which it now expected to issue in M arch 2023.  In relation to the arbitration proceedings, 
on 9 January and 9 February 2023, the Arbitrator accepted the parties' latest requests to postpone issuance of 
its Decision, until February 2023 and May 2023, respectively, and now expects to issue its  Decision in 
May 2023.  
7 Such procedures were entered into by Mexico and Costa  Rica to give effect to the communication 
JOB/DSB/1/Add.12  ("Multi-Party Interim Appeal Arbitration Arrangement Pursuant to Article  25 of the DSU 
(MPIA) ") and with the objective of setting a framework for an arbitrator to decide on any appeal of  any final 
Panel report issued in this dispute.  G/SPS/GEN/2127  
 
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  ▪ Panama's measures concerning the importation of certain products ( STC 495  raised by 
Costa  Rica and Colombia , November 2020). On 11 January 2021, Costa  Rica requested 
consultations with Panama ( DS599 ). On 19 August 2021, Costa  Rica requested the 
establishment of a panel.  At its meeting on 30 August 2021, the DSB deferred the 
establishment of a panel. At  its meeting on 27 September 2021, the DSB established a 
panel. Thereafter, the Panel was composed on 24 January 2022. On 13 June 2022, the Chair 
of the Panel informed the DSB that the beginning of the Panel's work had been delayed and, 
therefore, the Panel did not expect to issue its final report to the parties prior to the second 
half of 2023.  
5.4.  The WTO dispute settlement resolution procedures  have also been invoked with respect to the 
issue belo w: 
▪ European  Union 's measures concerning the importation of citrus fruit from South Afri ca. 
On 27 July 2022, South Africa requested consultations with the European  Union  (DS613 ). 
__________