G/SPS/GEN/2021  
 
24 May 2022 
(22-3964) 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 2021 until 31 March 2022, 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 
 
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 the 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 Fif th Review , including 
several on regionalization,  is available in document G/SPS/GEN/1625/Rev.6 . G/SPS/GEN/2021  
 
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  1  REQUESTS FOR RECOGNITION OF PEST - OR DISEASE -FREE AREAS OR AREAS OF LOW 
PEST OR DISEASE PREVALENCE  
1.1  June 2021 meeting ( G/SPS/R/102 ) 
1.1.1   Canada  – Official OIE recognition of Canada as negligible risk for BSE  
1.1.  Canada  informed Members of its official recognition by the OIE as having a negligible risk for 
BSE, in accordance with the OIE Terrestrial Code an d based on documentation submitted by Canada. 
This recognition proved that OIE member countries continued to endorse the provisions established 
in the BSE chapter of the Terrestrial Code and the outcomes of the OIE BSE risk categorization 
process. It furth er demonstrated that many WTO Members were basing their decisions on OIE 
standards. Canada looked forward to working with Members toward removing remaining BSE -related 
restrictions on Canadian cattle, beef, and beef products . 
1.1.2   Brazil – OIE recognition of si x Brazilian States as free from foot -and-mouth disease 
without vaccination ( G/SPS/GEN/1932 ) 
1.2.  Brazil  informed the Committee that six Brazilian States had been recognized as free from FMD 
without vaccination by the OIE through Resolution 13/2021. Brazil's FMD-free zone without 
vaccination represented almost 1 million km2 and more than 44 million animals. The last case of 
FMD had occurred 5 years prior and, since 2018, the entire country was considered free from FMD. 
The Brazilian Ministry of Agriculture, Livestock and Supply and  the private sector had been 
developing programmes to eradicate FMD for 50 years: the National Strategic Plan for the Eradication 
and Prevention of FMD had been launched in 2017 and would be fully executed in 2026. Brazil urged 
Members to comply with the p rovisions of Article  6 of the SPS Agreement  on regionalization, and 
encouraged Members to continue to support the work and apply the standards of the international 
standard -setting bodies. Brazil provided further information in document  G/SPS/GEN/1932 . 
1.1.3   Colombia – OIE recognition of f oot-and-mouth disease and classical swine fever 
status in Colombia ( G/SPS/GEN/1929  and G/SPS/GEN/1930/Rev.1 )4 
1.3.  Colombia  informed the Committee of the OIE recognition of Colombia as free of FMD with 
vaccination and free of classical s wine fever ( G/SPS/GEN/1929  and G/SPS/GEN/1930/Rev.1 ). 
Colombia invited WTO Members to inform their health authorities of this new health status to lift 
restrictions imposed by certain countries and facilitate ongoing processes to ens ure market access 
for beef and pork meat from Colombia. Enquiries regarding the measures implemented by the 
Colombian Agricultural Institute (ICA) could be addressed to asuntos.internacionales@ica.g ov.co . 
1.4.  Chile appreciated the efforts on regionalization and congratulated Members achieving 
recognition by following the guidelines of the international organizations. Noting the increased 
information shared on the efforts to achieve recognition of pest - or disease -free areas, which was 
one of the objectives of the guidelines contained in G/SPS/48 , Chile regretted that the other objective 
of providing information on achieved recognitions was still missing. Chile informed that it had 
recognized Colombia as free of FMD with vaccination and, in the past, had al so informed of other 
recognitions made.  
1.2  November 2021 meeting (G/SPS/R/ 104 and G/SPS/R/104/Corr.1 ) 
1.2.1   Ukraine  - Self-declaration of freedom from avian influenza  
1.5.  Ukraine  announced its freedom from avian influenza to the SPS Committee. A programme of 
active and passive monitoring of avian influenza had been introduced since 2004, in accordance with 
the OIE Terrestrial Code. Ukraine had informed its trading partners that, as of 28 May 2021, it met 
all the OIE requirements as a "country free from infe ction with HPAI viruses in poultry", as published 
on the OIE's website. Ukraine stated that Members should not impose bans on poultry commodities 
in response to notifications of infection of birds other than poultry or infections of domestic or captive 
 
4 Revised documents G/SPS/GEN/1929/Rev .1 and G/SPS/GEN /1930/Rev.2  were circulated on 
13 August  2021.  G/SPS/GEN/2021  
 
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  wild birds with low pathogenicity avian influenza viruses, nor to other information on the presence 
of any non -notifiable influenza A virus in birds . 
1.2.2   United  States  – African swine fever protection zones  
1.6.  The United  States  informed the Committee that it had temporarily suspended the interstate 
movement of all live swine, swine germplasm, swine products, and swine by -products from 
Puerto  Rico and the US Virgin Islands to the mainland United  States , to prevent introduction of ASF 
following outbreaks in Dominican  Republic  and Haiti . The Animal and Plant Health Inspection Service 
(APHIS) had submitted  to the OIE its self -declaration of establishment of a protection zone for 
Puerto  Rico and the US Virgin Islands. The establishment  of this protection zone would facilitate 
disease protection, limiting the overall spread of ASF, and allow for international trade to continue. 
This action would also provide additional safety beyond the controls in place to safeguard the 
US swine herd an d protect US pork producers . 
1.3  March 202 2 meeting (G/SPS/R/ 105) 
1.3.1   Brazil  – Brazil's risk status for foot -and-mouth (FMD) and bovine spongiform 
encephalopathy (BSE)  
1.7.  Brazil  informed Members that six Brazilian States had been recognized by the OIE as free from 
FMD without vaccination. Brazil's FMD -free zone without vaccination represented almost 
1 million  km2 and more than 44 million  animals. The last case of FMD had occurred in 2006 and, 
since 2018, the entire country was considered free from FMD. In line with OIE recommendations, 
protection areas in FMD -free zones had been established based on natural and geographical barriers, 
official quarantine and animal movement control. Brazil urged Members to accept the OIE's 
recognition of Brazil as FMD -free, and reminded Members that it was re cognized by the OIE as  
having negligible risk for BSE. Brazil asked Members  to continue to comply with the 
recommendations of the  ISSBs to allow safe trade . 
1.3.2   Turkey – Declaration of fruit fly -free areas  
1.8.  Turkey  informed Members  that eight Turkish districts had been recognized as free of 
Mediterranean fruit fly . Studies carried out for the establishment of pest -free areas followed ISPMs 
4 and 26. Turkey had made available the relevant information for public review through the  IPPC on 
15 February 2022. Turkey urged Members to facilitate trade of fresh fruit from areas free of 
Mediterranean fruit fly . 
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  MEMBERS' EXPERIENCES IN THE IMPLEMENTATION OF ARTICLE 6  
3.1  June 2021 meeting (G/SPS/R/ 102) 
3.1.1   European  Union  – ASF restric tions not consistent with the OIE international 
standard  
3.1.  The European  Union  drew the Committee's attention to inconsistencies in the application of 
OIE international standards related to ASF. The European  Union  considered that many Members did 
not follow t he OIE Terrestrial Code guidance for the identification, treatment and certification of 
tradable products. The European  Union  highlighted that it had, as well as other Members, 
demonstrated that ASF could be managed effectively to ensure that legitimate tr ade 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 many EU and non -EU countries. 
The European  Union  invited Members to work on the removal of country -wide and scientifically 
unjustified trade bans.  G/SPS/GEN/2021  
 
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  3.1.2   European  Union  – HPAI restrictions not consistent with OIE international standards  
3.2.  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 where effective movement controls were in place, 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 in the 88th OIE General Session of May 2021, 
the European  Union  asked Members to lift trade restrictions 28 days after eradication and 
disinfection of HPAI and re instate  trade conditions applicable to diseas e-free countries; refrain from 
trade restrictions after reported cases of HPAI in wild birds; refrain from trade restriction after 
reported cases of low pathogenicity avian influenza (LPAI); respect their obligations on 
regionalization under the WTO SPS  Agreement ; follow the recommendations of international 
standard -setting bodies; and allow trade from non -affected zones.  
3.2  November 20 21 meeting ( G/SPS/R/104  and G/SPS/R/104/Corr.1 ) 
3.2.1   European  Union  – ASF restrictions not consistent with the OIE inte rnational 
standard  
3.3.  The European  Union  drew the Committee's attention to inconsistencies in the application of 
OIE international standards related to ASF. The European  Union  considered that many Members did 
not follow the OIE 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 WTO Members that 
were connected by longstanding trade relations, 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 . 
3.2.2   European  Union  – HPAI restriction s not consistent with the OIE international 
standard  
3.4.  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  where effective movement controls were in place, 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 in the 88th OIE General Session of May 2021, 
the European  Union  asked Members to lift trade restrictions 28 days after eradication of HPAI and 
disinfection and reinstate trade conditions applicable to disease -free countries; to refrain from trade 
restrictions after reported cases of HPAI in wil d birds and from trade restrictions after reported cases 
of low pathogenicity avian influenza (LPAI); to respect their obligations on regionalization under the 
WTO SPS  Agreement ; to follow the recommendations of ISSBs; and to allow trade from non -affected 
zones . 
3.5.  The OIE informed the Committee of the adoption of revisions of two chapters of the OIE 
Terrestrial Code: chapter 10.4, on infection with HPAI viruses, and chapter 1.3, regarding the names 
of relevant diseases. Key amendments included a focus on infe ction with HPAI viruses in line with 
the changes to the OIE listed disease. It included new articles listing safe commodities, defining a 
compartment free from HPAI and recommendations for its establishment. It also included new and 
revised recommendations  on surveillance, including for demonstrating freedom from HPAI and 
revised provisions related to recovery of freedom. Modifications to the list of relevant disease names 
in chapter 1.3 were also adopted. In addition, a revised Terrestrial Manual chapter 3 .3.4 on 
avian  influenza was adopted in May 2021 and included amendments to reflect current knowledge of 
the disease, and ensure alignment with changes adopted in the Terrestrial Code chapter.  G/SPS/GEN/2021  
 
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  3.3  March 202 2 meeting (G/SPS/R/105 ) 
3.3.1   European  Union  – ASF restrictions not consistent with the OIE international 
standard  
3.6.  The European  Union  drew the Committee's attention to inconsistencies in the application of 
OIE international standards related to ASF. The European  Union considered that many Members did 
not follow the OIE 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 outbrea k, as presented in the Thematic Session 
held in March 2021. The European  Union added that ASF was a disease affecting WTO Members that 
were connected by longstanding trade relations, and considered that it was a shared interest to 
maintain free and safe tr ade 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 . 
3.3.2   European  Union  – HPAI restrictions not consistent with the OIE internat ional 
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 where effective movement controls wer e in place, 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 in the 88th OIE General Session of May 2021, 
the European  Union asked Members  to respect their obligations on regionalization under the 
WTO SPS Agreement; to follow the recommendations of ISSBs; and to allow trade from non -affected 
zones . 
4  NOTIFICATIONS RELATED TO ARTICLE 6  
4.1.  From April 2021 through March 2022, 157 notifications ( 31 regular and 126 emergency) related 
to Article  6. Seven  of those notifications , all regular notifications,  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 ). 
Table 4.1: Trade Facilitating Notifications related to Article  6 (April 2 021 – March 2022)  
Document symbol  Notifying 
Member  Description of content  
G/SPS/N/ARG/255  Argentina  Phytosanitary requirements governing the importation into the 
Argentine Republic of seeds intended for the propagation of broad 
beans ( Vicia faba ) from Spain.  
G/SPS/N/ECU/261  Ecuador  The notified Resolution establishes mandatory phytosanitary 
requirements for the importation of dionaea ( Dionaea  muscipula ) 
plants in inert substrate for planting from the Netherlands.  
G/SPS/N/ECU/277  Ecuador  The notified Resolution establishes mandatory phytosanitary 
requirements for  the importation into Ecuador of sunn hemp 
(Crotalaria juncea ) seeds for sowing originating in Spain.  
G/SPS/N/ECU/279  Ecuador  The notified Resolution updates the mandatory phytosanitary 
requirements governing the importation of apples 
(Malus  domestica ) for consumption originating in Portugal.  
G/SPS/N/ECU/280  Ecuador  Mand atory phytosanitary requirements governing the importation of 
mandarins ( Citrus reticulata ) and oranges ( Citrus sinensis ) for 
consumption originating in Spain.  
G/SPS/N/MEX/397  Mexico  In accordance with the Agreement on the Application of Sanitary 
and Phytosanitary Measures, Mexico advises that the Ministry of 
Agriculture and Rural Development and the National Agri -Food 
Health, Safety and Quality Service have established phytosanitary 
requir ements governing the importation into Mexico of sunn hemp 
(Crotalaria juncea  var. Crescent ) seed originating in and coming 
from Spain.  G/SPS/GEN/2021  
 
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  Document symbol  Notifying 
Member  Description of content  
G/SPS/N/MEX/400  Mexico  In accordance with the Agreement on the Application of Sanitary 
and Phytosanitary Measures, Mexico advises that the Ministr y of 
Agriculture and Rural Development and the National Agri -Food 
Health, Safety and Quality Service have established phytosanitary 
requirements for the importation into Mexico of cucumber ( Cucumis 
sativus ) seed originating in and coming from Italy.  
 
5  SPECIFIC TRADE CONCERNS AND REGIONALIZATION  
5.1.  Specific trade concerns (STCs) can be raised due to issues pertaining to regionalization. 
From April 2021 through Mar ch 2022, one STC that related to regionalization was raised for the first 
time (Table 5.1 ). 
Table 5.1: New STCs related to Regionalization (April 20 21 – March 20 22) 
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 
(0 times)  
 
5.2.  For the same period , nine 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 21 – March 20 22) 
STC ID Title Member raising 
the concern  Member 
responding to 
the concern  Date first raised  
(subsequently 
raised)  
489 Mexico's import restrictions  
on pork  Brazil  Mexico  05/11/2020  
(4 times) 
484 India's approval procedures for 
animal products  Russian 
Federation  India 25/06/2020  
(4 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  
(5 times)  
466 The Philippines' trade restrictions 
on imports  
of meat  European  Union ; 
Russian 
Federation  Philippines  7/11/2019  
(6 times)  
456 Korea's import restrictions on 
poultry due to highly pathogenic 
avian influenza  European  Union  Korea,  
Republic of  21/03/2019  
(5 times)  
431 South Africa's import restrictions 
on poultry due to highly 
pathogenic avian influenza  European  Union  South Africa  2/11/2019  
(11 times)  
406 China's import restrictions due to 
highly pathogenic avian influenza  European  Union ; 
United  States  of 
America  China  16/03/2016  
(15 times)  
393 Korea's import restrictions due to 
African swine fever  European  Union  Korea,  
Republic of  15/07/2015  
(13 times)  
392 China's import restrictions due to 
African swine fever  European  Union  China  15/07/2015  
(13 times)  
5.3.  In addition, panel proceedings in the context of the WTO dispute settlement resolution 
procedures continued with respect to two 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 G/SPS/GEN/2021  
 
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  and the panel report, as modified by the Appellate 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 original 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 DS U, 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.5 
▪ 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 pane l 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.6 
On 26 November 2021, Mexico and Costa Rica informed the DSB that they ha d agreed to a 
revised version of the Procedures for Arbitration.  On 13 April 2022, the panel report was 
circulated to Members . 
__________  
 
5 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 9 March 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 until the end of September 2022 . 
6 Such procedures were entered into by Mexico and Costa Rica to give effect to the communicat ion 
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.