RESTRICTED  
  
JOB/TN/CTD/3  
JOB/TNC/110  
 
22 May 2023  
(23-3515) Page: 1/6 
Committee on Trade and Development Special Session  
Trade Negotiations Committee  Original: English  
 
G-90 DOCUMENT FOR THE SPECIAL SESSION OF THE COMMITTEE ON TRADE AND 
DEVELOPMENT (CTD -SS) ON  SPECIAL AND DIFFERENTIAL TREATMENT PROPOSALS ON 
THE AGREEMENT ON THE APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES 
AND THE AGREEMENT ON TECHNICAL BARRIERS TO TRADE  
 
Communication from the G -90 [the Organisation of African, Caribbean and Pacific States (OACPS), 
the African Group and the LDC Group]  
 
The following communication, dated  20 May 2023,  is being circulated at the request of the Del egation 
of South Africa on behalf of the Organisation of African, Caribbean and Pacific States (OACPS), the 
African Group and the LDC Group.  
 
_______________  
 
 
1  INTRODUCTION  
1. The G -90 submits the proposals herein in pursuance of the work directed under 
Paragraph 2 of the 12th Ministerial Conference (MC12) of the world Trade Organization 
(WTO) Outcome Document (WT/MIN(22)/24 – WT/L/1135).  This contribution seeks to 
advance work on the review of special and differential treatment (SDT) with a view to strengt hening 
them and making them more precise, effective, and operational in line with paragraph 44 of the 
Doha Ministerial Declaration.  
 
2. The submission of the textual proposals in relation to the Agreement on the Application of Sanitary 
and Phytosanitary Me asures (SPS Agreement) and the Agreement on Technical Barriers to Trade 
(TBT Agreement) builds on the G -90 submission presented to the Special Session of the Committee 
on Trade and Development (CTD -SS) contained in document JOB/TN/CTD/2 - JOB/TNC/106. Thes e 
two Agreement -Specific Proposals (ASPs), therefore encompass the first set of the 10 ASPs that the 
G-90 will be presenting for negotiations towards outcomes by latest MC13, in line with and consistent 
with the roadmap that was proposed and presented by G -90 to the CTD -SS and subsequently agreed 
by the committee at its meeting on 20 March 2023.  
 
3. The G -90 ASPs focusing on the TBT and SPS agreements aim to advance the development 
aspirations of developing countries as well as enhance their participation in global trade. The CTD -SS 
has a clear mandate to improve the application of special and differential treatment by strengthening 
existing SDT flexibilities. Members have committed to ensure that in the preparation and application 
of SPS and TBT measures, they shall take account of the special needs of developing country 
Members, and in particular of the least -developed country Members. Strengthening the SDT 
flexibilities in these agreements will significantly contribute towards securing and s afeguarding 
commercially meaningful export opportunities.  
 
4. Textual proposals on the remaining ASPs which are of equal priority for harvesting at MC13 shall 
be submitted either severally, jointly, or in sets as dictated by their level of readiness.  
 JOB/TN/CTD/3 • JOB/TNC/110  
 
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  2  THE RATIONAL E BEHIND THE G -90 AGREEMENT -SPECIFIC PROPOSALS  
5. The G90 recalls the following key principles towards realisation of SDT provisions that are precise, 
effective and operational, in line with the negotiating mandate:  
 
• SDT for developing and least developed countries is an integral part of the multilateral 
trading system architecture and a treaty embedded right.  
 
• The mandate under paragraph 44 of the Doha Declaration and reaffirmed at MC12 is to 
review SDT provisions under the covered Agreements wit h a view to strengthening them 
and making them more precise, effective and operational.  
 
6. The G -90 is not seeking blanket exemptions from commitments, but instead seeks to ensure 
effective implementation of existing S&D provisions. The proposals aim to operationalize the 
collective commitments of the WTO Membership in several WTO agreements to facilitate the effective 
integration of developing and least developed countries (LDCs) into the multilateral trading system.  
 
7. SDT is not confined to transitional periods and capacity building and technical assistance, but 
should be intrinsically em bedded in the trade rules to allow policy flexibility to developing countries 
and LDCs to achieve their development objectives, and under conditions of certainty.  
 
8. The G -90 proposals have been crafted with a view to ensuring stability, predictability an d 
transparency in the implementation of existing S&D provisions, and thus strengthening a key area 
of the multilateral trading system in favour and benefit of the interests of developing countries, 
including LDCs. These proposals are the result of careful and detailed deliberations among G -90 
members, taking into account the needs of members at different levels of development.  
 
3  THE CASE FOR STRENGTHENING SPECIAL AND DIFFERENTIAL TREATMENT OF THE SPS 
AND TBT AGREEMENTS  
9. The G -90 proposals on SDT in relati on to SPS and TBT measures that are attached hereto as 
Annex 1 and Annex 2 respectively, recognise the rights of all Members to regulate for legitimate 
objectives such as the protection of human, plant, animal or plant life or health, of the environment, 
or the prevention of deceptive practices, provided that such “…measures are not applied in a manner 
which would constitute a means of arbitrary or unjustifiable discrimination between Members where 
the same conditions prevail or a disguised restriction on i nternational trade”. They also recognise 
that measures might, at times, be implemented on an urgent basis in accordance with the 
appropriate provisions in the SPS and TBT agreements.  
 
10. The G90 is, therefore not questioning the need for or the right of M embers to implement 
measures as provided for in the SPS and TBT agreements, but is calling for flexibilities provided to 
developing countries, including LDCs that continue to face capacity constraints to be given 
meaningful effect under conditions of certa inty. At the heart of the proposals is striking the right 
balance between the pursuit of legitimate public policy objectives and the protection of gains from 
trade of developing countries, including LDCs by ensuring that SPS and TBT measures in key markets  
do not further marginalize developing countries in international trade owing to their limited 
capacities.  
 
11. While SPS and TBT measures aim to pursue legitimate objectives of health and safety, they also 
substantially affect trade through informational , compliance -related and procedural costs.1 
Increasingly, the number and complexity of these measures is also rising as countries pursue 
environmental and climate -change mitigation objectives. SPS and TBT measures together are by far 
the most common nonta riff measures (NTMs) affecting trade. Of all the NTMs that are notified to 
the WTO, TBT measures account for 57.6% and SPS measures for 37.6%. UNCTAD reports that the 
estimated ad -valorem equivalent of SPS and TBT requirements are over a third higher in de veloped 
countries than in developing and least developed countries.  
 
 
1 UNCTAD (2022). Non -tariff measures from A to Z. UNCTAD/DITC/TAB/2021/3. United Nations, 
Geneva.  JOB/TN/CTD/3 • JOB/TNC/110  
 
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  12. Data from the UNCTAD -led non -tariff measures global transparency initiative covering over 
100 countries and 90 per cent of global trade2 shows that developed countries apply signific antly 
more SPS and TBT measures than developing countries. Data also shows that developing countries 
and LDCs bear the highest incidence of costs, with SPS measures creating a relatively higher burden 
for lower income countries. Using one developed country  market as a case study, a conservative 
estimation (i.e. discounting the usual costs of compliance) of the distortionary effect of SPS 
measures reveals that SPS measures alone in that market reduce agricultural exports of lower 
income countries by about US D 3 billion, representing about 14 percent of agricultural trade from 
lower income countries to that market.  
 
13. The proliferation of TBT and SPS measures on environmental or sustainability grounds, for 
instance, threatens the majority of exports from developing countries, including LDCs. According to 
UNCTAD, such environmental/sustainability, health and other requirements are becoming 
increasingly numerous, complex and wide -ranging with measures becoming so stringent or 
technically advanced that that d eveloping countries may not have access to the legal or technical 
infrastructure nor technologies and expertise necessary to implement them and demonstrate 
compliance.3 In this context, the G -90 proposals and their intended objectives on SDT under the 
SPS and TBT agreements are indeed all the more relevant to safeguard the exports of developing 
countries and LDCs.  
 
14. This proliferation, increased stringency and complexity of SPS and TBT measures compounds 
the challenges of informational, compliance -related and procedural costs of adjusting to new 
measures and alter the relative global competitiveness of exports in international trade. This calculus 
favours exporters that are capable of efficiently complying with new measures at the expense of 
exports orig inating in developing countries and LDCs whose compliance costs are higher. Ultimately 
for these economies, it is those micro, small and medium -sized enterprises (MSMEs) and sectors or 
businesses run by or largely employing youth and women that bear the br unt. It is these smaller or 
even informal businesses in developing countries and LDCs that are more likely to stop exporting 
when faced with new or changed SPS or TBT measures.  
 
15. Developing countries are constrained from defending their interests by in fluencing requirements 
at the design stage both at national level in markets of export interest and in international fora. In 
addition to endeavouring to harmonise SPS and TBT measures on as wide a basis as possible by 
basing them on international standard s, there is a need for consultation processes to be transparent 
and inclusive, with those creating new requirements facilitating and ensuring effective participation 
of developing country producers in their processes. Enhanced transparency and deliberate e fforts by 
developed countries to ensure effective participation of developing countries and LDCs in processes 
of standards development can potentially reduce the costs of SPS and TBT measures by at least 
15%, whilst simultaneously boosting their exports.  
 
16. Many developing countries face capacity and supply -side constraints. The inadequate availability 
of technical infrastructure poses significant challenges for many developing country traders, 
including their ability to comply, demonstrate confidence in accreditation and conformity assessment 
systems or prove equivalence of their measures with the appropriate level of protection sought by 
trading partners. The G -90, therefore recognises that without the necessary support, standards, 
technical regulations and SPS measures can become significant barriers to the exports of developing 
countries, including LDCs to key international markets.  
 
17. Technical assistance and capacity building, therefore continue to hold real potential to alleviate 
the competitive d isadvantage of developing countries, including LDCs when navigating the 
regulatory environment under the SPS and TBT agreements. UNIDO reports that exporters in 
developing countries and LDCs struggle with processes of proving compliance than compliance 
itself.4 The lack of quality infrastructure, is therefore a key deficit in many of these economies. 
Well-targeted technical assistance programmes on SPS and TBT compliance and conformity 
 
2 Data is freely accessible through UNCTAD TRAINS Online at trainsonline.unctad.org, the WTO -ITC-
UNCTAD Global Trade Helpdesk at https://globaltradehelpdesk.org, and World Bank WITS at 
https://wits.worldbank. org 
3 Examples include energy efficiency standards and restrictions on the use of hazardous substances in 
electrical products and agrifood products, low residue levels for pesticides and other chemicals in food imports, 
animal welfare concerns and occupati onal safety issues.  
4 UNIDO (2022). Quality Infrastructure for Sustainable Development Index: Supporting Sustainable 
Development Goals with Quality Infrastructure. UNIDO, Vienna, Austria.  JOB/TN/CTD/3 • JOB/TNC/110  
 
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  assessment at bilateral and multilateral levels could generate consider able gains for these 
economies, with some estimates computing cost reduction benefits at 15 percent and 28 percent for 
SPS and TBT requirements respectively.    
 
18. Key features of the G -90 proposals on SDT under the TBT and SPS agreement are firstly, the ir 
focus on time -based elements of SDT, and secondly, emphasis on capacity building as means of 
safeguarding and facilitating exports of products of interest to developing countries, including LDCs. 
The proposals are, thus premised on the following three k ey elements:  
 
a) Longer time periods for developing countries and LDCs facing capacity constraints to provide 
comments on proposed SPS measures, technical regulations or standards by a developed 
country, or developing countries in a position to do so.  
 
b) Longer  time frames for compliance, accompanied by capacity building and technical 
assistance by developed country to developing countries and LDCs to ensure no or minimal 
disruptions to their exports.  
 
c) Compensatory adjustment support by developed countries to ad versely affected developing 
and least -developed countries in case of urgent implementation of SPS or TBT measures to 
assist them to maintain their market share in developed countries export markets and 
support of their quality infrastructural capabilities to meet such measures.  
 
19. Based on the above elements, the G -90, therefore proposes mandatory provisions to ensure 
certainty, transparency and stability - key objectives of the multilateral trading system – in the 
development and implementation of SPS an d TBT measures that impact exports of developing 
countries, including LDCs. Incorporating mandatory provisions in existing SDT provisions will also 
ensure that all Members are aware of their respective rights and obligations without ambiguities.  
 
________ _______  
 
  JOB/TN/CTD/3 • JOB/TNC/110  
 
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  ANNEX 1  
Textual Suggestions on the Agreement on the Application of Sanitary and Phytosanitary 
Measures  
 
1. Members agree that, developed country Members and developing country Members declaring 
themselves to be in a position to do so, shall notify all proposed sanitary or phytosanitary measures 
affecting trade at an early stage before adoption. Developed country Members shall provide 
developing country Members and least developed country Members at least a 90 -day comment 
period before the ado ption of the measure, which should commence with the circulation of the 
notification by the WTO Secretariat. Upon request, a longer period of time shall be granted for least 
developed country Members.  
 
2. Upon request, a developed country Member proposing an SPS measure shall consult directly, 
at an early stage, with any developing or least developed country Member exporting a product that 
would be covered by the proposed SPS measure. In these consultations, Members shall consider the 
status of a developing  or least developed country Member capacity to comply with the sanitary or 
phytosanitary measure, including technology, human resources and infrastructure needs, with a 
view to exploring solutions which neither restrict nor preclude the participation of de veloping country 
Members and least developed country Members in the market in question.  
  
3. Where a developing country Member or least developed country Member is or will be adversely 
affected5 by a proposed or final sanitary or phytosanitary measure, th e following procedures shall 
apply:  
 
a) Where the appropriate level of sanitary and phytosanitary protection allows scope for the 
phased introduction of new sanitary and phytosanitary measures:  
 
(i) Longer time -frames for compliance with the measure shall be  accorded on products of 
interest to developing and least developed country Members so as to maintain opportunities for their 
exports. The phrase “longer time -frame for compliance” referred to in Article 10.2 of the Agreement 
on the Application of Sanitary  and Phytosanitary Measures shall be understood to mean a period of 
not less than 12 months.  
 
(ii) Where substantial investments are required in order for an exporting developing or least 
developed country Member to fulfill the sanitary or phytosanitary m easures proposed or applied by 
a developed country Member, the developed country Member shall provide financial and technical 
assistance required for compliance with the sanitary or phytosanitary measure and will permit the 
developing or least developed co untry Member to maintain and expand its market access 
opportunities for the product covered by the final or proposed sanitary or phytosanitary measure.  
 
4. Importing developed country Members shall not ban the importation and marketing of 
products originat ing from a developing and least developed country Member based on the rejection 
of shipments from one or a limited number of suppliers from that Member.  
 
_______________  
 
  
 
5  “Under this Article, a developing country Member or least developed country Member that is or will be 
“adversely affected” shall be understood to mean a developing or least developed country Member whose 
exports of the product that would be covered by the  final or proposed sanitary or phytosanitary measure to the 
Member implementing the sanitary or phytosanitary measure represent 20 per cent or more of the exports of 
that product by the concerned developing or least developed country Member during the two years prior to the 
commencement, or proposed commencement, of the implementation of the sanitary or phytosanitary 
measure”.  JOB/TN/CTD/3 • JOB/TNC/110  
 
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  ANNEX 2  
Textual Suggestions on the Agreement on Technical Barriers to Trade  
  
1. Members agree that, developed country Members and developing country Members declaring 
themselves to be in a position to do so shall notify all proposed technical regulations, standards and 
conformity assessment procedures affecting trade at an early stage  before adoption. Developed 
country Members shall provide developing country Members and least developed country Members 
at least a 90 -day comment period before the adoption of the measure, which should commence with 
the circulation of the notification by the WTO Secretariat. Upon request, a longer period of time shall 
be granted for LDCs.  
 
2. Upon request, a developed country Member proposing a technical regulation or standard shall 
consult directly, at an early stage, with any developing or least develope d country Member exporting 
a product that would be covered by the proposed technical regulations or standards. In these 
consultations, Members shall consider the status of a developing or least developed country Member 
capacity to comply with the proposed technical regulations or standards, including technology, 
human resources and infrastructure needs, with a view to exploring solutions which neither restrict 
nor preclude the participation of developing country Members and least developed country Members 
in the market in question.  
 
3. Where a developing country Member or least developed country Member is or will be adversely 
affected6 by a proposed or final technical regulation or standard, the following procedures shall 
apply:  
 
a) Where the technical regula tion or standard allows scope for phased introduction:  
 
(i) Longer time -frames for compliance with the measure, not less than 12 months, shall be 
accorded on products of interest to developing and least developed country Members so as to 
maintain opportuni ties for their exports.  
 
(ii) Where substantial investments are required in order for an exporting developing or least 
developed country Member to fulfill technical regulation or standard proposed or applied by a 
developed country Member, the developed cou ntry member shall provide financial and technical 
assistance required for compliance with the technical regulation or standard and will permit the 
developing or least developed country Member to maintain and expand its market access 
opportunities for the p roduct covered by the final or proposed technical regulation or standard.  
 
 
__________  
 
6 “Under this Article, a developing country Member or least developed country Member that is or will be 
“adversely affected” shall b e understood to mean a developing or least developed country Member whose 
exports of the product that would be covered by the final or proposed sanitary or phytosanitary measure to the 
Member implementing the sanitary or phytosanitary measure represent 20 per cent or more of the exports of 
that product by the concerned developing or least developed country Member during the two years prior to the 
commencement, or proposed commencement, of the implementation of the sanitary or phytosanitary 
measure”.