WT/MIN(24)/W/18  
 
29 February 2024  
(24-1904) Page: 1/2 
Ministerial Conference  
Thirteenth Session  
Abu Dhabi, 26 -29 February 2024  Original: English  
 
DRAFT DECISION ON SANITARY AND PHYTOSANITARY MEASURES  
COMMUNICATION FROM THE AFRICAN GROUP* 
The following communication, dated 23 February 2024, 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 international 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 measures 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 requir ements 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 countr ies need development support to adhere to 
SPS requirements and thereby to take advantage of market access opportunities.  
Decides  
1. Members shall refrain from applying SPS measures that are arbitrary and not based on 
science or which would constitute a disgu ised 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 where identical or similar 
conditions prevail, including between their own territory and that of other members.  
 
* This communication was previously  circulated in document  WT/GC/W/914 -G/SPS/W/347  
on 6 December 2023.  WT/MIN(24)/W/18  
 
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  3. Members will use international standards, guidelines an d 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, su ch SPS measures must be 
scientifically justifiable, not arbitrary nor aimed at being trade restrictive.  
4. The Codex Alimentarius Commission, the World Organization for Animal Health (WOAH), 
and International Plant Protection Convention (IPPC) shall assist th e Committee with 
interpretation of the SPS standards that are issues of concern while addressing Specific 
Trade Concerns during meetings of the SPS Committee.  
5. If exporting developing and least developed country Members identify specific problems 
in complyi ng with a sanitary or phytosanitary measures of an importing Member, the 
latter shall upon 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 country Members, and in particular 
of the least -developed country Members when introducing and applying SPS measures.  
7. Upon request from a developing country, developed cou ntries shall grant longer time -
frames for compliance for products of interest to developing 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 ex porting developing country Member identifies specific problems of capacity in 
fulfilling 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, 
financial 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 p rovide technical assistance to developing country Members 
to adjust to and comply with sanitary and phytosanitary measures in order to achieve 
the appropriate level of sanitary and phytosanitary protection.  
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