G/SPS/W/321  
 
3 December 2019 
(19-8312) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
FIFTH REVIEW OF THE OPERATION AND IMPLEM ENTATION OF THE SPS AGREEMENT:  
RECOMMENDATION FOR A N ELECTRONIC WORKING  GROUP ON APPROVAL P ROCEDURES  
SUBMISSION BY CANADA  
The following communication, received on 29 November  2019, is being circulated at the request of 
the Delegation of Canada . 
 
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1  APPROVAL PROCEDURES AND FACILITATING INT ERNATIONAL TRADE  
1.1.  Members use control, inspection and approval procedures t o meet their appropriate level of 
sanitary or phytosanitary protection. In particular, approval procedures are often established as a 
pre-requisite to the importation of a product or a category of a product and therefore play an 
important role in facilitat ing international trade. In some areas, Annex C is precise in its language 
as appropriate, while also providing a reasonable amount of flexibility so that its provisions apply to 
a wide range of regulatory approaches practised by Members. However, this may  create the 
possibility of challenges and uncertainty in the implementation of the obligations of the 
SPS Agreement as they apply to approval procedures.  
1.2.  During the November 2019 thematic session on approval procedures, Members were able to 
explore a numbe r of concepts relating to approval procedures, including pre -market approval 
procedures and their effect on trade. Perspectives from Members, international standard -setting 
bodies, and the private -sector were presented, which highlighted costs and challeng es, such as 
asynchronous approvals and duplication of efforts; best practices, such as transparency of approval 
procedure requirements, trust between parties, and use of international standards; and possible 
opportunities for cooperation amongst these play ers. It was highlighted that approximately one 
quarter of all specific trade concerns raised at the SPS Committee were characterised in some way 
as relating to approval procedures, which emphasizes the importance of Members' ensuring any 
approval procedure s implemented are in accordance with the SPS Agreement.  
1.3.  These discussions elucidated the need to further consider the Committee's role in enhancing 
the implementation of approval procedures that facilitate international trade while meeting the 
importing Me mber's appropriate level of sanitary or phytosanitary protection.  
2  NEXT STEPS  
2.1.  Canada proposes that the Committee continues its work on approval procedures through the 
establishment of an electronic working group open to the participation of all Members and Observers.  
2.2.  The electronic working group would continue to examine the topic of approval procedures, 
including pre -market product approvals, and further consider the Committee's role. In particular, 
the electronic working group will explore (1) the key chal lenges of approval procedures that impact 
international trade and consider challenges that the Committee should seek to address. Additionally, 
the electronic working group will examine the (2) principles of approval procedures that facilitate 
international  trade while meeting the importing Member 's appropriate level of sanitary or 
phytosanitary protection and consider the Committee's role in highlighting these principles.  As well, 
the electronic working group will consider (3) the available tools and best practices to enhance the 
implementation of the obligations of the SPS Agreement as they apply to approval procedures. G/SPS/W/321  
 
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  Finally, through the electronic working group, (4) consideration will be given to possible future work 
of the Committee on approval proced ures. 
2.3.  The electronic working group will report on its work during the SPS Committee meetings to 
keep the Committee informed of its deliberations.  
2.4.  While working primarily electronically, the working group may meet, as appropriate, as a 
physical working gro up on the margins of the SPS Committee meetings, such as at the informal 
SPS Committee meeting.  
2.5.  Canada proposes that the electronic working group on approval procedures commences its 
work following the March 2020 SPS Committee meeting.  
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