G/SPS/W/353  
 
24 January 2024  
(24-0543) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
SIXTH  REVIEW OF THE OPERATION AND IMPLE MENTATION OF THE AGREEMENT  
ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES  
SUBMISSION  OF THE EUROPEAN UNION  
The following submission , received on  24 January 2024, is being circulated at the request of the 
delegation of the European Union . 
 
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1  INTRODUCTION  
1.1.  Last year , the Committee on Sanitary and Phytosanitary Measures (SPS Committee) undertook 
a work programme to examine challenges in t he implementation of the SPS Agreement  and the 
mechanisms available to address them, and the impacts of emerging challenges on the application 
of the SPS Agreement , as instructed by Ministers in the SPS Declaration adopted at the 
Twelfth  Ministerial Conference.  
1.2.  During the implementation of this work programme , the Committee explored topics related to 
modern and emerging challenges, basing SPS measures on scientific evidence and principles, 
regionalization , cooperation with the Internationa l Standard -Setting Bodies (ISSBs) and observer 
organi zations, support for the special needs of developing and least developed country Members.  
1.3.  In the draft report to the 13th Ministerial Conference , the Committee recommends continuing 
its targeted discussi ons and reflections on the implementation of the SPS Agreement  in light of 
emerging challenges and opportunities beyond the finalization of the MC12 SPS Declaration Work 
Programme, including in the context of the upcoming Sixth Review of the Operation and 
Implementation of the SPS Agreement  and in specific thematic sessions and events, as appropriate, 
while reaffirming the existing rights and obligations of Members established by the SPS Agreement . 
1.4.  In addition, following the recommendations of the Fifth Review of the Operation and 
Implementation of the SPS Agreement , the Committee, among others, worked on issues related to 
control, inspection and approval procedures , and notification procedures and transparency. 
The conclusions of these exchanges indicate th at it would be beneficial to further explore some 
aspects of these topics.  
2  PROPOSALS  
2.1.  As it described in the above draft report to the 13th Ministerial Conference , the European Union 
proposes to continue the discussions on several of the topics touched upon during the 
implementation of the work programme; emerging challenges, cooperation with the standard setting 
bodies and the observers and the special needs of dev eloping and least developed country Members.  
2.1  Emerging risks  
2.2.  The European Union proposes to continue the discussions on modern challenges and emerging 
risks, building on the work carried out earlier.  
2.3.  As a first step , the European  Union  would like to suggest for consideration by the Committee 
a thematic session on how WTO Members and the relevant international organization s identify G/SPS/W/353  
 
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  emerging risks in the SPS field, assess their potential impacts and develop methods to address them. 
(Please see separate proposal .) 
2.2  Cooperation with IS SBs and observer organization s 
2.4.  The European  Union  suggests to further explore ways to enhance the cooperation with the 
International Standard -Stetting Bodies with special regards to their ongoing observatory pr ojects on 
monitoring the implementation of the international standards in their areas. In addition, 
the European  Union  proposes to look at possibilities to foster enhanced cooperation with the 
observer organization s in order to better use their expertise d uring the work of the SPS Committee.  
2.3  Support for special needs of developing and least developed country Members  
2.5.  During the implementation of the work programme and in the framework of the Committee of 
Trade and Development , valuable targeted discussions t ook place on the special needs of developing 
and least developed country Members in the SPS area. Nevertheless, these sessions highlighted the 
areas where further exchanges would be useful to better address these needs and provide more 
targeted support.  
2.6.  Therefore, the European Union proposes to continue the work with exploring how the existing 
flexibilities in the SPS Agreement  could be used more efficiently.  
2.4  Recognition of regionalization  
2.7.  The concept of regionalization is one of the fundamental principles of the SPS Agreement  and 
as such , it has been identified by the SPS Committee as an issue that requires the Committee's 
continuing attention.  
2.8.  According to the European Union's  experience, the recognition of trade partner s' regionalization 
measures is often  not in line with Article 6 of the WTO SPS Agreement , which may result in non -
justified trade restrictions.  
2.9.  Against this background, the European  Union  would encourage further exchanges on 
recognition of regionalization , in view of building high level s of trust and confidence needed between 
Members to recognize their regionalization measures and ultimately facilitate trade.  
2.10.   With reference to developing countries, Members could consider technical assistance and 
mentorship as tools for supporting implemen tation of Article 6. 
2.11.   There are some horizontal issues which were highlighted both during the implementation of 
the work programme and throughout the previous review of the SPS Agreement . They are relevant 
for many topics listed above and the Committee shou ld carry out targeted reflections on how to 
further improve their understanding and application among the Membership.  
2.5  Transparency  
2.12.   In the light of the recommendations of the Fifth R eview of the SPS Agreement  and 
the outcome  of the previous transparency wor kshops and other exchanges, the European  Union  
proposes to continue this work concentrating on improving the quality of SPS notifications, 
the comments on notifications and the replies to comments.  
2.13.   In addition, building on the recommendations of the workin g group of approval procedures , 
it would be useful to further examine the possibilities of greater transparency on national 
SPS legislation, timelines for approval procedures and other related information which would 
facilitate safe trade.  
2.6  Better use of av ailable IT tools in order to facilitate safe trade  
2.14.   In the last years, partly due to the COVID epidemic, the Membership witnessed many 
developments in the information technology and more and more IT tools are available in the 
SPS field as well.  G/SPS/W/353  
 
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  2.15.   Building on the outcome of the thematic sessions and working groups since the last review of 
the SPS Agreement , the European  Union  suggests taking stock of these improvements and explor ing 
further possibilities to facilitate safe trade via new IT solutions (e.g., impr ovement of the ePing 
system, wider use of e -certificates, more IT platforms , etc.) 
 
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