G/SPS/GEN/1245  
 
5 June 2013  
(13-2913)  Page: 1/7  
Committee on Sanitary and Phytosanitary Measures    
 
ANNUAL REPORT ON THE IMPLEM ENTATION 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 
Measures 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 and 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 in formation provided by Members concerning: 
a. requests for recognition of pest- or disease-free areas or areas of low pest or disease 
prevalence; 
b. determinations on whether to recognize a pest- or disease-free area or area of low pest 
or disease prevalence; and/or 
c. Members' experiences in the implementation of Article 6 and the provision of relevant 
background information by Members on their decisions to other interested Members. 
This report, which covers 2012 and the first quarter of 2013, is based on information provided by 
Members through notifications and from inform ation presented during SPS Committee meetings. 
This information was frequently provided under the agenda item "Pest- and or Disease-Free Areas - Article 6". Relevant information provided under ot her agenda items is also included in the report. 
1  REQUESTS FOR RECOGNITION OF PEST- OR DISEASE-FREE AREAS OR AREAS OF LOW 
PEST OR DISEASE PREVALENCE 
1.1  July 2012 meeting (G/SPS/R/67) 
1.1.  Chile reported that although it had been free from FMD without vaccination for more than 
25 years and the OIE had classified its risk level for BSE as insignificant, this had still not been recognized by some Members. Chile welcomed th e progress made with other countries, including 
Australia which sent a mission to Chile in Ap ril 2012 in relation to sanitary recognition. 
1.2.  Mexico reported that on 21 June 2012 it had notified to the OIE the presence of avian 
influenza AH7N3 in poultry production units in the state of Jalisco. On 2 July 2012, emergency actions were put in place to diagnose, prevent, control and eradicate the virus. Since the beginning 
of the outbreak, Mexico had restri cted exports of poultry products from the affected zone, before 
its trading partners requested such action. The presence of the virus was restricted to two municipalities and the rest of the country remain ed free from the virus. Mexico requested other 
Members to notify any SPS measures applied to the import of products from Mexico in accordance 
                                               
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their rights or obligations under the WTO. 
2 G/SPS/48. G/SPS/GEN/1245 
 
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  with their obligations under the SPS Agreement, and to adhere to the guidelines established by the 
OIE (see G/SPS/GEN/1175). 
1.2  October 2012 meeting (G/SPS/R/69) 1.3.  Mexico further reported on the avian influenza H7N3 that had spread in commercial poultry 
operations in eight municipalities in the state of Jalisco (see G/SPS/GEN/1175). A rigorous 
vaccination programme had been conducted and was reinforced with anti-epidemic measures like quarantines, disinfection and depopulation of quarantine areas. Mexico requested Members to 
apply the guidelines laid down by the OIE in order to avoid unjustified negative impacts on trade. 
1.3  March 2013 meeting (G/SPS/R/70) 1.4.  Mexico reported on two new cases of hi ghly pathogenic avian influenza serotype H7N3, 
detected on 3 January 2013, in the state of Agua scalientes. Timely notification from the farmer 
and surveillance activities allowed for the immedi ate depopulation of the two affected production 
units, addressing both of the outbreaks identified. The OIE had been notified on 8 January 2013. Mexico requested that Members notify the SPS Committee of any measure imposed on imports of 
Mexican poultry products and by-products, and that they adhere to OIE guidelines to avoid greater 
repercussions on poultry trade. 
2  DETERMINATION ON WHETHER TO RECOGNIZE A PEST- OR DISEASE-FREE AREA OR 
AREA OF LOW PEST OR DISEASE PREVALENCE 
2.1  March 2012 meeting (G/SPS/R/66) 2.1.  Paraguay reported on an outbreak of  FMD that occurred in September 2011 in the 
department of San Pedro. The outbreak was notified to the OIE and to other relevant authorities 
and countries. As a precautionary measure, the National Service of Quality and Animal Health 
(SENACSA) had banned exports of bovine meat and meat products until the situation had been brought under control. Epidemiological studies had shown absence of viral activity, which had led 
to the suspension of the sanitary emergency on 16 March 2012. Paraguay thanked the OIE and all 
the institutions that cooperated in controlling th e disease. Paraguay also thanked the veterinary 
services of Brazil and Russia for re-opening their markets to its products, and Argentina and 
Uruguay for allowing the transit of products through their territories. 
2.2  July 2012 meeting (G/SPS/R/67) 2.2.  Chile communicated its recognition of almost 30 departments in Colombia as FMD-free areas 
with vaccination. 
2.3.  Colombia expressed its thanks to Chile for recognition of its FMD-free areas with vaccination 
indicating that it was an exemplary demonstration of the implementation of the provisions of the 
SPS Agreement which enabled countries to elim inate unnecessary trade barriers. Other Members 
were urged to grant similar recognition to Colombia's FMD-free areas with vaccination. 
2.4.  Botswana announced that following the April 2011 outbreak of foot and mouth disease (FMD) 
in cattle in zone 6 of Butale Syndicate crush, near the border with Zimbabwe, a stamping-out 
programme had been implemented. The strategy included establishing a containment zone, 
emergency vaccination in cattle, goats and sheep, and ultimately depopulation of cattle in the 
containment zone. In October 2011, the OIE appr oved the containment zone and recognized the 
former FMD-free areas without vaccination as prior to the outbreak. Following the re-listing of 
Botswana's export establishments in the EU TRACES system, on 27 June 2012, exports of beef 
were again possible into the European Union (see G/SPS/GEN/1162). 
2.5.  The European Union welcomed the fact that  Botswana's beef exports to the European Union 
could resume as of 10 July 2012. G/SPS/GEN/1245 
 
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  2.3  March 2013 meeting (G/SPS/R/70) 
2.6.  Paraguay further reported on the September 2011 FMD outbreaks in the Department of 
San Pedro. Since the suspension of the sanitary emergency on 16 March 2012, 34 bovine meat export markets had been recovered to date. Results and conclusions of the actions undertaken to 
contain the disease would be presented to the OIE to request that Paraguay's previous status be 
restored. 
3  MEMBERS' EXPERIENCES IN THE IMPLEMENTATION OF ARTICLE 6 
3.1  March 2012 meeting (G/SPS/R/66) 
3.1.  Chile expressed concerns regarding the im plementation of Article 6. Many Members had 
inefficient systems in place for the recognition of  pest- and disease-free areas. For example, there 
should be an accelerated procedure for the recognition of disease-free areas for the four diseases 
recognized by the OIE; however, this did not happen in practice. Chile urged Members to not let 
bureaucracy get in the way of the objectives of Article 6. 
3.2.  Chile provided an overview on its use of compartmentalization for managing SPS risks 
(G/SPS/GEN/1147). In December 2011, the legal instrument was issued establishing 
compartmentalization as a tool for health management and the first compartment was approved for swine production in January 2012. 
3.3.  The European Union reported on the detection in Schmallenberg, Germany, in November 
2011, of a virus affecting ruminants, namely cattle, sheep and goats in Europe. It had been detected, to date, also in Belgium, France, It aly, Luxembourg, the Netherlands, Spain and the 
United Kingdom. The European Food Safety Author ity (EFSA) had provided scientific and technical 
advice which indicated that the impact of this vi rus on animal health was limited and that there 
was no evidence that this virus could cause illness in humans. SBV was similar to the Akabane virus found in Asia, Africa and Australia, which wa s not an OIE-listed disease, and not subject to 
specific OIE standards or restrictions. The European Union urged its trading partners not to take 
disproportionate or unjustified measures against EU exports of ruminants and their products. 
3.4.  Norway shared the concerns expressed by the European Union and urged trading partners to 
follow the OIE's recommendation in relation to new and existing diseases. 
3.5.  The United States reported that on 16 March 2012, the USDA Animal and Plant Health 
Inspection Service (APHIS) published a proposed ru le which would bring its BSE import regulations 
in line with the OIE standards (G/SPS/N/USA/2340). All trading partners were urged to review 
their import restrictions with respect to ruminants and ruminant products including beef and 
products such as tallow, and to adopt measures consistent with the OIE BSE guidelines. 
3.2  July 2012 meeting (G/SPS/R/67) 
3.6.  Argentina reported that the OIE recognized the entire territory of Argentina as FMD-free, with 
the following three zones: (i) Patagonia - FMD-free zone without vaccination; (ii) Centro Norte - FMD-free zone with vaccination; and (iii) Cordón Fronterizo - FMD-free zone with vaccination. This 
sanitary status entitled Argentina to export fresh meat and meat products as well as live animals 
and other FMD-susceptible animal by-products, si nce it complied with the sanitary requirements 
set forth in Chapter 8.5 of the OIE Terrestrial Code for free zones where vaccination either is or is not practised. Additional information on Argentina's sanitary status could be found in the following 
documents: FMD-free status in G/SPS/GEN/1179; current health status with regard to BSE in 
G/SPS/GEN/1180; and recognition of areas free of fruit fly in G/SPS/GEN/1178. 
3.7.  The European Union reported on its expe rience in the implementation of zoning or 
regionalization for animal diseases. In the last decade, success had been achieved in containing, 
controlling and eradicating outbreaks of diseases, such as FMD, classical swine fever and avian influenza. By applying the concept of regionaliz ation the European Union could meet the objective 
of maintaining a high health status while minimi zing barriers to trade (see G/SPS/GEN/1159). The 
European Union invited all trading partners to accept the concept of regionalization and to apply similar systems of their own. G/SPS/GEN/1245 
 
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  3.3  October 2012 meeting (G/SPS/R/69) 
3.8.  The European Union provided information on the latest developments in the situation of foot 
and mouth disease (FMD) in Bulgaria. Bulgaria reported 11 outbreaks of FMD in domestic and wild animals in the Burgas region near the border wi th Turkey in 2011. All of these outbreaks were 
notified to the OIE; necessary steps to control the outbreak and avoid further spreading of the 
disease were taken. The OIE restored the FMD-free without vaccination status of Bulgaria as of 
31 August 2012. 
3.9.  Mexico reported on the various notifications that had been submitted to the SPS Committee 
in relation to various agreements declaring Mexico as a disease- or pest-free country or territory. G/SPS/GEN/1184 declared Mexico as free of Avian Salmonellosis; G/SPS/GEN/1185 declared Mexico as a zone free of Classical Swine Fever; and G/SPS/GEN/1189 and G/SPS/GEN/1190 
declared Tabasco and Coahuila, excluding the Lagunera region, as zones free of Aujeszky's 
disease. 
3.4  March 2013 meeting (G/SPS/R/70) 
3.10.  Paraguay reported on the phytosanitary em ergency due to the detection of citrus greening 
disease (Huanglongbing, HLB), which had been notified to the Committee in G/SPS/N/PRY/24. In order to protect national citrus fruit producti on, Paraguay had issued Resolution No. 80/2013, 
which ensures the adoption of national measures to prevent the establishment and spread of the 
disease through the implementation of a containment plan and other relevant procedures. 
3.11.  Mexico reported on the various notification s it had submitted declaring Mexico as a disease- 
or pest-free country or territory. G/SPS/GE N/1207 declared various municipalities and 
communities in the state of Guerrero as areas with a low prevalence of fruit flies; 
G/SPS/GEN/1209 declared certain regions in the state of Morelos as free from fruit flies; G/SPS/GEN/1208 declared various municipalities in the state of Chihuahua as areas free from pink 
bollworm and boll weevil; G/SPS/GEN/1210 declared the municipality of Sayula, in the state of 
Jalisco, an area free from avocado seed weevils and moths; G/SPS/GEN/1214 declared the state of 
Nayarit as an area free from the Aujeszky's disease; and G/SPS/GEN/1215 declared the state of 
Tlaxcala as an area free from the tick Boophilus  spp. 
3.12.  Honduras provided information on the decision declaring the Finca Montelibano, Namasigue, 
Choluteca a pest-free area for Ceratitis Capitata  W i e d . ,  i n  a c c o r d a n c e  w i t h  I S P M  N o .  1 0  ( s e e  
G/SPS/GEN/1222). 
3.13.  Chile provided information regarding its recent self-declaration as a country free from ovine 
and caprine brucellosis pursuant to Resolution No. 498 of 23 January 2013. 
3.14.  Brazil reported on the Bovine Spongiform Encephalopathy (BSE) case first notified on 
7 December 2012. Brazil emphasized that this was a single case event of atypical BSE which was 
rare and spontaneous. Moreover, the epidemiologica l situation of Brazil had not been altered by 
the notification of this BSE case, as the OIE Scientific Commission for Animal Diseases (SCAD/OIE) 
had maintained the classification of Brazil as a country with negligible risk for BSE. The 
investigations on the BSE case in Brazil were considered to be closed (see G/SPS/GEN/1232). 
4  NOTIFICATIONS RELATED TO ARTICLE 6 4.1.  From 2012 through May 2013, there have been 88 notifications (41 regular and 
47 emergency) related to Article 6. Fourteen of those notifications (all regular) 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. G/SPS/GEN/1245 
 
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  Table 4.1: Trade Facilitating Notifications Related to Article 6 
Document Symbol Notifying Member Description of content 
G/SPS/N/AUS/286 Australia The draft policy review takes into account 
current scientific information, international 
standards developed by the OIE, as well as policies adopted by other countries for the 
import of zoo perissodactyls . The review 
identifies and categorises hazards of biosecurity concern associated with the 
importation of zoo perissodactyls. A review of 
disease agents is included. 
G/SPS/N/AUS/304 Australia These documents include a review of 
available scientific information on epizootic 
rabbit enteropathy (ERE)  which concludes 
that the risk mitigation measures required for 
ERE are no longer necessary. Amended 
biosecurity requirements are detailed in the 
second document. 
G/SPS/N/JPN/304 Japan The requirements stipulate the application 
of regionalization in the event of Highly 
Pathogenic Avian Influenza outbreak in the United States of America . 
G/SPS/N/JPN/305 Japan The animal health requirements for pig meat 
etc. to be exported to Japan from Mexico are 
revised to allow the export of pig meat etc. 
from the State of Jalisco as a result of the 
recognition of the State of Jalisco, 
Mexico, as a free zone of Classical Swine 
Fever . 
G/SPS/N/MEX/235 Mexico The phytosanitary requirements for the 
importation into Mexico of polished rice 
(Oryza sativa  L.) grains originating in 
and coming from Spain , that were 
established following the pest risk analysis 
conducted by the Ministry of Agriculture, 
Livestock, Rural Development, Fisheries and Food, were submitted to public comment. 
The requirements were set pursuant to the 
"Agreement establishing the module for phytosanitary requirements governing the importation of goods regulated by the 
Ministry of Agriculture, Livestock, Rural 
Development, Fisheries and Food in relation to plant health", published in the Mexican 
Official Journal on 7 February 2012. 
G/SPS/N/NIC/65 Nicaragua The notified Ministerial Decision declares 
the insect Bactericera cockerelli  and the 
bacteria Candidatus Liberibacter 
solanacearum  - which cause the disease 
known as purple-top or permanent 
yellowing - as regulated non-quarantine 
pests , establishes a phytosanitary campaign 
and implements a plan of action for the 
integrated management of these pests in the 
departments of Estelí, Matagalpa and 
Jinotega and in any part of the national 
territory with a reported presence of the 
pest/disease complex, in order to contain and 
control it. G/SPS/GEN/1245 
 
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  Document Symbol Notifying Member Description of content 
G/SPS/N/PHL/206 Philippines This Order provides for the lifting of the 
temporary ban on the importation of 
poultry and poultry products from 
Noord-Brabant and Zeeland (Netherlands)  into the Philippines. These 
regions regained avian influenza free 
status  in accordance with Article 10.4.3.2, 
Chapter 10.4 of the OIE Terrestrial Animal 
Health Code (2010). 
G/SPS/N/PHL/207 Philippines This Order provides for the lifting of the 
temporary ban on the importation of 
poultry and poultry products from 
Chinese Taipei  into the Philippines. Chinese 
Taipei regained its avian influenza free 
status in accordance with Article 10.4.3.2 of 
the OIE Terrestrial Animal Health Code 
(2010). 
G/SPS/N/RUS/4 Russia This letter eliminates the temporary 
restriction on export of boneless beef, 
meat of small cattle  to the Russian 
Federation due to the improvement of the 
epizootic situation on BSE in the 
territory of the United Kingdom . 
G/SPS/N/RUS/5 Russia This letter eliminates the temporary 
restriction on export of beef tongues  to 
the Russian Federation due to the 
improvement of the epizootic situation 
on BSE in the territory of EU members . 
G/SPS/N/USA/2322 United States The Animal and Plant Health Inspection 
Service (APHIS) is proposing to allow, under 
certain conditions, the importation of 
commercial shipments of  litchi fruit from 
Australia into the continental United 
States, except Florida . As a condition of 
entry, the litchi fruit would have to be grown in production areas that are registered with 
and monitored by the national plant 
protection organization of Australia and treated with irradiation at a dose of 400 gray for plant pests of the class Insecta, except 
pupae and adults of the order Lepidoptera, 
and subject to inspection. 
G/SPS/N/USA/2501 United States The APHIS is advising the public that they 
have determined that the Italian regions 
of Lombardia, Emilia-Romagna, Veneto, 
and Piemonte and the autonomous 
provinces of Trento and Bolzano are free 
of swine vesicular disease . This 
determination is based on their review of the 
documentation submitted by the Government 
of Italy in support of its request and the 
findings of their own animal health risk 
evaluation. G/SPS/GEN/1245 
 
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  Document Symbol Notifying Member Description of content 
G/SPS/N/USA/2513 Unites States The APHIS is proposing to amend the fruits 
and vegetables regulations to allow the 
importation of avocados from 
continental Spain (excluding the Balaeric Islands and Canary Islands) into 
the United States. As a condition of entry, 
avocados from Spain would have to be produced in accordance with a systems 
approach that would include requirements for 
importation in commercial consignments; registration and monitoring of places of production and packinghouses; grove 
sanitation; and inspection for quarantine 
pests by the national plant protection organization of Spain. 
G/SPS/N/USA/2514 United States The APHIS is proposing to amend the fruits 
and vegetables regulations to allow the 
importation into the United States of fresh 
apricots from continental Spain . As a 
condition of entry, fresh apricots from 
continental Spain would have to be produced 
in accordance with a systems approach that 
would include requirements for importation in 
commercial consignments; registration of 
production locations and packinghouses; pest 
monitoring; sanitary practices; chemical and 
biological controls; phytosanitary treatment; 
and inspection for quarantine pests by the 
national plant protection organization of 
Spain. 
 
5  SPECIFIC TRADE CONCERNS AND REGIONALIZATION 
5.1.  Specific trade concerns (STCs) can be raised due to issues pertaining to regionalization. From 
2012 through May 2013, two STCs that related to regionalization were raised for the first time. 
Table 5.1: New STC's Related to Regionalization (Jan. 2012 - May 2013) 
STC No Title Member 
raising the 
concern Member 
maintaining the 
measure Date first 
raised 
332 Restrictions related to FMD Argentina Japan 10/07/2012 
337 Delay in finalizing inspection 
procedures on bovine and 
poultry meat from Argentina Argentina Canada 18/10/2012 
 
5.2.  For the same period, one previously raised STC that related to regionalization was brought to 
the attention of the Committee. 
Table 5.2: Previously Raised STC's Relate d to Regionalization (Jan. 2012 – May 2013) 
STC No Title Member 
raising the 
concern Member 
maintaining the 
measure Date first 
raised 
318 US failure to recognize South 
Patagonia as FMD-free and to 
Import Beef from North of the 
42nd Parallel Argentina United States 30/06/2011 
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