WORLD TRADE  
ORGANIZATION   
G/SPS/W/265/Rev.2 
28 September 2012 
 (12-5249) 
Committee on Sanitary and Phytosanitary Measures  
  
 
PROPOSED WORKING DEFINITION OF  SPS-RELATED PRIV ATE STANDARDS 
 
Note by the Secretariat
1 
 
Revision 
 
 
BACKGROUND  
1. The SPS Committee has been discussing the issu e of SPS-related private standards since 
June 2005, when Saint Vincent and the Grenadin es raised a specific tr ade concern regarding 
EurepGAP (now called GLOBALGAP) requirements for bananas destined for sale in the United 
Kingdom.
2  Since then, private standards have been  discussed regularly at SPS Committee meetings. 
2. The SPS Committee decided in October 2008 to  request an ad hoc working group to 
undertake a three-step study, and propose concre te actions for consideration by the Committee.3  The 
ad hoc working group presented its report on "P ossible Actions for the SPS Committee Regarding 
SPS-Related Private Standards" to  the SPS Committee in March 2011.4 
3. At its March 2011 meeting, the Committee adopted five of the six actions put forward by the 
working group (G/SPS/55). 
4. At the October 2011 SPS Committee meeting, the Chairman invited Members to submit 
specific proposals on a working definition of SPS-related private standards (Action 1) by 
13 January 2012.  Members were also invited to: (i) comment on the proposed definitions received; 
and (ii) submit proposals on the implementation of Actions 2 to 5, by 10 February 2012. 
5. At informal meetings held in March and July  2012, the Committee discussed a draft working 
definition of SPS-related private standards based on proposals and inputs received, as well as a first 
revision based on comments made at the March 2012 informal meeting. 5  This second revision of the 
draft working definition of SPS-related private sta ndards reflects comments made at the July 2012 
informal meeting, and is presented for considerati on by the Committee at its meeting in October 2012. 
  
                                                      
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/R/37/Rev.1, paras. 16-20;  G/SPS/GEN/766;  STC No. 219. 
3 See paras. 4-7 of G/SPS/W/230 and paras. 122-137 of G/SPS/R/53. 
4 G/SPS/W/256. 
5 G/SPS/W/265 and G/SPS/W/265/Rev.1. G/SPS/W/265/Rev.2 
Page 2  
 
  I. PROPOSED WORKING DEFINITION 
 
"SPS-related private standards are [vol untary, market] requirements which are 
[developed and/or] applied by [private] [non-governmental] entities [
6] in order to 
protect human, animal or plant life or health."  
OR 
"SPS-related private standards are [vol untary, market] requirements which are 
[developed and/or] applied by [private] [non-governmental] entities [7], which may 
[directly or indirectly] affect internationa l trade, and which relate to one of the 
following objectives:   
(a) to protect animal or plant life or health [w ithin the territory of the Member] from risks 
arising from the entry, establishment or sp read of pests, diseases, disease-carrying 
organisms or disease-causing organisms; 
(b) to protect human or animal life or health  [within the territory of the Member] from 
risks arising from additives, contaminants, toxins or disease-causing organisms in 
foods, beverages or feedstuffs; 
(c) to protect human life or health [within the territory of the Member] from risks arising 
from diseases carried by animals, plants or  products thereof, or from the entry, 
establishment or spread of pests;  and 
(d) to prevent or limit other damage [within th e territory of the Member] from the entry, 
establishment or spread of pests." 
II. ADDITIONAL ELEMENTS TO CONSIDER 
6. SPS-related private standards include technical requirements, guidelines and 
recommendations. 
7. To assess whether an SPS-related private standard may affect international trade, the Member 
concerned should consider relevant available inform ation such as:  the value or other importance of 
imports to the importing and/or  exporting Members concerned,  whether from other Members 
individually or collectively;  the potential devel opment of such imports;  and difficulties for producers 
in other Members, particularly in developing co untry Members, to comply with the proposed SPS-
related private standard.  The concept of a signifi cant effect on trade of other Members should include 
both import-enhancing and import-reducing effects on the trade of other Members, as long as such 
effects are significant.8 
8. SPS-related private standards can be devel oped by [private] [non-governmental] entities 
themselves, or may be derived from existing private,  official or international standards, and are 
applied for [private] [non-governmental] entities'  commercial objectives as part of a private, 
commercial and contractual relationship.  SPS-relate d private standards are not developed, endorsed 
                                                      
6 A non-governmental entity is any entity that does not possess, exercise, or is not vested with 
governmental authority.  Non-governmental entities are private entities, including private sector bodies, companies, industrial organizations, enterprises and private standard-setting bodies. 
7 A non-governmental entity is any entity that does not possess, exercise, or is not vested with 
governmental authority.  Non-governmental entities are private entities, including private sector bodies, companies, industrial organizations, enterprises and private standard-setting bodies. 
8 See G/SPS/7/Rev.3, para. 10.  G/SPS/W/265/Rev.2 
 Page 3 
 
 
  or promulgated by the Codex Alimentarius Commi ssion (Codex), the International Plant Protection 
Convention (IPPC) and the World Organization for Animal Health (OIE). 
9. Official SPS measures implemented by a Memb er (including SPS measures implemented by 
governments other than the national government, or by non-governmental entities on behalf of a 
Member) are not SPS-related private standards. 
10. [Where an SPS-related private standard becomes an official SPS measure, it is no longer 
considered to be an SPS-related private standard.]  
__________