G/SPS/W/279/Rev.2
4 March 2015
(15-1219)  Page: 1/12
Committee on Sanitary and Phytosanitary Measures Original: English
 
  CATALOGUE OF INSTRUMENTS AVAILABLE TO WTO MEMBERS TO MANAGE SPS ISSUES 
Submission by Canada and Kenya 
Revision 
The following communication, received on 25 Februa ry 2015, is being circulated at the request of 
the Delegations of Canada and Kenya. 
 
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  G/SPS/W/279/Rev.2
 
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Members Description 
Within the WTO SPS 
Agreement 
  
  
Request information 
on the measure to 
the WTO SPS Enquiry 
Point and/or Codex, IPPC and OIE contact 
points Legal provisions of the SPS Agreement 
Annex B.3  
"Each Member shall ensure that one enquiry point exists which is responsible for the provision of answers to all reasonable que stions 
from interested Members as well as for the provision of relevant documents regarding: 
 
a) any sanitary or phytosanitary regulations adopted or proposed within its territory; 
b) any control and inspection procedures, production and quarantine  treatment, pesticide tolerance and food additive approval 
procedures, which are operated within its territory; 
c) risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanitary  or 
phytosanitary protection; 
d) the membership and participation of the Member, or of relevant bodies within its territory, in international and regional sanit ary 
and phytosanitary organizations and systems, as well as in bilateral and multilateral agreements and arrangements within the 
scope of this Agreement, and the texts of such agreements and arrangements." 
 SPS Committee Work 
According to Art. 7 and Annex B.3 of the SPS Agreement, WTO Memb ers have to establish an Enquiry Point responsible for providin g 
answers and documentation to all reasonab le questions from interested Members. 
 
The Committee has developed "Recommended Procedures for Implem enting the Transparency Obligations of the SPS Agreement 
(Article 7) (G/SPS/7/Rev.3 [ http://goo.gl/1qfO1o ]). The Recommended Transparency Procedures  include guidance on the handling of 
comments on notifications. 
 
Contact information on SPS Enquiry Points and Notifications Authorities are available online from the SPS Information Managemen t 
System (SPS IMS: http://spsims.wto.org ). 
 
Outside the WTOi 
Codex contact points are available from http://www.codexalimentarius.org/contact-links .  
 
IPPC contact points are available from https://www.ippc.int/cou ntries/contactpoints . 
 
OIE delegates are available from http://www.oie.int/en/about-us/ our-members/delegates-new .  
   
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Members Description 
Comment on 
notifications Legal provisions of the SPS Agreement  
Annex B.5(d)  
"Members shall… (d) without discrimination, allow reasonable time for other Members to make comments in writing, discuss these 
comments upon request, and take the comments and the results of the discussions into account." 
 
SPS Committee Work 
According to Annex B.5(d) of the SPS Agreement Members are required to allow reasonable time for other Members to make 
comments in writing. 
 
The Recommended Transparency Procedures state that a 60-day co mment period should be provided with respect to regular 
notifications. 
 
Meet to discuss 
comments on notification Legal provisions of the SPS Agreement  
Annex B.5(d)   "Members shall… (d) without discrimination, allow reasonable time for other Members to make comments in writing, discuss these 
comments upon request, and take the comments and the results of the discussions into account." 
 SPS Committee Work 
According to Annex B.5(d) of the SPS Agreement Members are requir ed to discuss comments made on notifications upon request, and  
to take the comments and results of these comments into account. For additional guidance, see also the Recommended Transparency  
Procedures. 
 
Request to meet 
bilaterally on margins 
of the SPS Committee Request to meet with another Member regarding a concern with an SPS issue. This can be a formal meeting or something less forma l. 
 
Outside the WTO 
Bilateral discussions prior to resorting to mediated settlement: 
A practice of many Members to take advantage of being in Geneva for the WTO SPS Committee meeting to raise SPS market access 
issues with trading partners. 
   
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Members Description 
Request recognition 
of equivalence of 
specific SPS measure 
or measures related to a certain product or category of 
products, or on a 
systems-wide basis Legal provisions of the SPS Agreement  
Article 4 
 
"4.1 Members shall accept the sanitary or phytosanitary measures  of other Members as equivalent, even if these measures differ from 
their own or from those used by other Members trading in the same  product, if the exporting Member objectively demonstrates to the 
importing Member that its measures achieve the importing Member's appropriate level of sanitary or phytosanitary protection. Fo r this 
purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant 
procedures.  
4.2. Members shall, upon request, enter into consultations with  the aim of achieving bilateral and multilateral agreements on 
recognition of the equivalence of specified sanitary or phytosanitary measures."  
SPS Committee Work 
The Committee has developed guidelines to facilitate the applic ation of Article 4 of the SPS Agreement: "Decision on the 
Implementation of Article 4 of the Agreement on the App lication of SPS Measures (Equivalence)" (G/SPS/19/Rev.2 
[http://goo.gl/RtGcHC ]). 
 
Outside the WTO Codex standards, guidelines and recommendations are available from: 
http://www.codexalimentarius.org /standards/list-of-standards . 
 
IPPC standards, guidelines and recommendations are available from: 
https://www.ippc.int/standards .  
 
 OIE standards, guidelines and recommendations are available from: 
http://www.oie.int/internationa l-standard-setting/overview . 
 
Request recognition 
of pest- or disease-
free areas and areas 
of low pest or disease 
prevalence Legal provisions of the SPS Agreement  
Article 6  
 
"6.1. Members shall ensure that their sanitary or phytosanitary measures are adapted to the sanitary or phytosanitary character istics 
of the area — whether all of a country, part of a country, or al l or parts of several countries — from which the product origin ated and 
to which the product is destined. In assessing the sanitary or phytosanitary characteristics of a region, Members shall take in to 
account, inter alia , the level of prevalence of specific diseases or pests,  the existence of eradication or control programmes, and 
appropriate criteria or guidelines which may be developed by the relevant international organizations. 
 
   
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Members Description 
6.2. Members shall, in particular, recogniz e the concepts of pest- or disease-free area s and areas of low pest or disease preva lence. 
Determination of such areas shall be based on factors such as  geography, ecosystems, epidemiological surveillance, and the 
effectiveness of sanitary or phytosanitary controls. 
 
6.3. Exporting Members claiming that areas within their territori es are pest- or disease-free areas or areas of low pest or dis ease 
prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Member that such a reas 
are, and are likely to remain, pest- or disease-free areas or ar eas of low pest or disease prevalence, respectively. For this p urpose, 
reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant procedures."  
 
SPS Committee Work  
The Committee has developed guidelines to facilitate the applicat ion of Article 6 of the SPS Agreement: "Guidelines to Further the 
Practical Implementation of Article 6 of the Agreement on the Application of SPS Measures (Regionalization)" (G/SPS/48 
[http://goo.gl/SDCNu8 ]). They include "Typical Administrative Steps in the Recognition Process". 
 
Outside the WTO 
 
IPPC standards, guidelines and recommendations are available from: 
https://www.ippc.int/standards . 
 
OIE standards, guidelines and recommendations are available from: 
http://www.oie.int/internationa l-standard-setting/overview . 
 
Request an 
explanation of the reasons for a sanitary or phytosanitary 
measure Legal provisions of the SPS Agreement  
Article 5.8   "5.8. When a Member has reason to believe that a specific sanita ry or phytosanitary measure introduced or maintained by another  
Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant internation al 
standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the 
measure." 
 
Request technical 
assistance Legal provisions of the SPS Agreement  
Article 9 
 
"9.1. Members agree to facilitate the provision of technical assi stance to other Members, especially developing country Members , 
either bilaterally or through the appropriate international organizations. Such assistance may be, inter alia , in the areas of processing 
technologies, research and infrastructure, including in the establishment of national regulatory bodies, and may take the form of 
advice, credits, donations and grants, including for the purpose of seeking technical expertise, training and equipment to allo w such   
  G/SPS/W/279/Rev.2
 
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Members Description 
countries to adjust to, and comply with, sanitary or phytosanit ary measures necessary to achieve the appropriate level of sanit ary or 
phytosanitary protection in their export markets.  
 
9.2. Where substantial investments are required in order for an exporting developing country Member to fulfil the sanitary or 
phytosanitary requirements of an importing Member, the latter shall consider providing such technical assistance as will permit  the 
developing country Member to maintain and expand its market access opportunities for the product involved." 
 
WTO technical assistance  
For more information on technical assistance and training activities related to the SPS Agreement available from the WTO Secret ariat, 
see: http://www.wto.org/sps/ta . 
 
Request Special and 
Differential Treatment Legal provisions of the SPS Agreement  
Article 10.2  
 
"10.2 Where the appropriate level of sanitary or phytosanitary pr otection allows scope for the phased introduction of new sanit ary or 
phytosanitary measures, longer time-frames for compliance should be accorded on products of interest to developing country 
Members so as to maintain opportunities for their exports." 
 
SPS Committee Work  
The Committee has developed guidelines to facilitate the applicat ion of Article 10.1 of the SPS Agreement: "Procedure to Enhanc e 
Transparency of Special and Differential Treatment in Favour of Developing Country Members" (G/SPS/33/Rev.1 
[http://goo.gl/Np9r8L ]). They include procedures to be followed. 
 
Request specified, 
time-limited 
exceptions in whole 
or in part from the 
obligations under the 
SPS Agreement 
 Legal provisions of the SPS Agreement  
Article 10.3  
 
"10.3. With a view to ensuring that developing country Members are able to comply with the provisions of this Agreement, the 
Committee is enabled to grant to such countries, upon request, specified, time-limited exceptions in whole or in part from obli gations 
under this Agreement, taking into account th eir financial, trade and development needs." 
 
Request facilitated ad 
hoc consultations or negotiations (i.e. 
"Good offices of the 
Chair") on specific sanitary or phytosanitary issues A process by which a Member can request facilitated di scussions with another Member on specific SPS issues. 
 
Paragraph 6 of the Working Procedures of the Committee (G/SPS/1 [ http://goo.gl/82d9dk ]) states: "With respect to any matter which 
has been raised under the Agreement, the Chairperson may, at the request of the Members directly concerned, assist them in deal ing 
with the matter in question…." 
 
Guidance on how to request facilitated ad hoc consultations or negotiations found in "Procedure to Encourage and Facilitate the  
Resolution of Specific Sanitary or Phytosanitary Issues Among Members in Accordance with Article 12.2" (G/SPS/61 
[http://goo.gl/pWq4DK ]).  
   
  G/SPS/W/279/Rev.2
 
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Members Description 
Propose that a 
specific issue be 
considered under the 
regular Review of the 
Operation and 
Implementation of 
the SPS Agreement Legal provisions of the SPS Agreement  
Article 12.7 
 
12.7 "The Committee shall review the operation and implementation of th is Agreement three years after the date of entry into force of  
the WTO Agreement, and thereafter as the need arises. Where a ppropriate, the Committee may submit to the Council for Trade in 
Goods proposals to amend the text of this Agreement having regard, inter alia , to the experience gained in its implementation." 
 
  
WTO SPS Committee 
agenda 
  
  
Raise an issue as a 
specific trade concern agenda item Members may request, in writing to the Secretariat, to include an issue on the WTO SPS Committee Agenda for an upcoming meeting , 
at least 11 calendar days before the meeting.  
This request should be made consistent timelines established by the Secretariat. Members proposing to raise any matter relevant  to 
the implementation of the agreement, including any matter relating to a particular notification, should give notice to the othe r 
Member(s) concerned with an outline of the matter to be raised , as far as possible in advance of the SPS Committee meeting. 
 
Working procedures of the WTO SPS Committee (G/SPS/1 [ http://goo.gl/82d9dk ]). 
 
Raise an issue under 
the Monitoring the 
Use of International 
Standards Agenda 
item Members may request, in writing to the Secretariat, to include co ncrete examples of what they consider to be problems with a 
significant trade impact which are related to the non-existence or inappropriateness or non-use of relevant international stand ards, 
guidelines or this issue on the WTO SPS Committee Agenda for an upcoming meeting. 
 
This request to raise an issue on the Agenda should be made as per the timelines established by the Secretariat. 
 
WTO SPS Committee Decision, "Procedure to Monitor the Pr ocess of International Harmonization" (G/SPS/11/Rev.1 
[http://goo.gl/bW9lwq ]), paragraphs 4.6 and 4.7. 
 
Raise an issue under 
the 'Regionalization' 
Agenda item of the 
WTO SPS Committee meeting 
 Members may request to include a specific item regarding informat ion on a Member's pest- or disease-free areas and areas of low  
pest or disease prevalence or on a Members' experience in recognition of pest-or disease-free areas. 
 
Working procedures of the SPS Committee (G/SPS/1 [ http://goo.gl/82d9dk ]). 
 
The Committee has developed guidelines to facilitate the applicatio n of Article 6 of the SPS Agreement: "Guidelines to further the 
practical implementation of Article 6 of the SPS Agreement" (G/SPS/48 [ http://goo.gl/SDCNu8 ]). 
   
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Members Description 
Raise an issue under 
the "Equivalence" 
Agenda item of the 
WTO SPS Committee 
meeting 
 Members may request to include a specific item regarding information on a Member's experience with equivalence on the WTO SPS 
Committee Agenda for an upcoming meeting. 
 
Working procedures of the SPS Committee (G/SPS/1 [ http://goo.gl/82d9dk ]). 
 
The Committee has developed guidelines to facilitate the applic ation of Article 4 of the SPS Agreement: "Decision on the 
implementation of Article 4 of the SPS Agreement" (G/SPS/19/Rev.2 [ http://goo.gl/JkjvoN ]). 
 
Raise an issue under 
the "Implementation 
of Special and Differential 
Treatment" Agenda 
item of the WTO SPS Committee meeting  Members may request to include a specific item regarding information on a Member's experience regarding special and differentia l 
treatment on the WTO SPS Committee Agenda for an upcoming meeting. 
 Working procedures of the SPS Committee (G/SPS/1 [ http://goo.gl/82d9dk ]). 
  
Within WTO system 
  
  
Ask questions as part 
of the Trade Policy 
Review process Each Member undergoes a trade policy review (the frequency of ea ch country's review varies according to its share of world trad e). 
WTO Members are given the opportunity to review and ask comments to another Member on its trade policy. 
 
For more information on the WTO Trade Policy Review mechanism, see: http://www.wto.org/TPR . 
 
Raise issues/ask 
questions as part of 
the WTO Accession 
process  As countries seek to accede to the WTO, Members have the opportunity to raise specific issues with the acceding countries, incl uding 
issues related to the acceding country's Laws, regulations and requirements. 
 
For more information on the WTO accessions process, see: http://www.wto.org/accessions . 
Explore raising it in 
other WTO Bodies 
 For example and as appropriate, the Committee on Import Licensin g, Council on Trade in Goods, Committee on Trade Facilitation.   
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Members Description 
Request formal 
Dispute Settlement 
Consultations Legal provisions of Dispute Settlement Understanding  
Article 4 
 
"4.1. Members affirm their resolve to strengthen and improve the effectiveness of the consultation procedures employed by Membe rs. 
 
4.2. Each Member undertakes to accord sympathetic consideration to and afford adequate opportunity for consultation regarding a ny 
representations made by another Member concerning measures affecting the operation of any covered agreement taken within the territory of the former.
3 
 
4.3. If a request for consultations is made pursuant to a covere d agreement, the Member to which the request is made shall, unl ess 
otherwise mutually agreed, reply to the request within 10 days af ter the date of its receipt and shall enter into consultations  in good 
faith within a period of no more than 30 days after the date of  receipt of the request, with a view to reaching a mutually sati sfactory 
solution. If the Member does not respond within 10 days after th e date of receipt of the request, or does not enter into consul tations 
within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the request, then the 
Member that requested the holding of consultations may pr oceed directly to request the establishment of a panel." 
 4.4. All such requests for consultations shall be notified to the DSB and the relevant Councils and Committees by the Member wh ich 
requests consultations. Any request for consultations shall be submitted in writing and shall give the reasons for the request,  including 
identification of the measures at issue and an indication of the legal basis for the complaint.  
4.5. In the course of consultations in accordance with the prov isions of a covered agreement, before resorting to further actio n under 
this Understanding, Members should attempt to obtain satisfactory adjustment of the matter. 
 
4.6. Consultations shall be confidential, and without prejudic e to the rights of any Member in any further proceedings. 
 4.7. If the consultations fail to settle a dispute within 60 days  after the date of receipt of the request for consultations, t he 
complaining party may request the establishment of a panel. The complaining party may request a panel during the 60-day period if 
the consulting parties jointly consider that consultations have failed to settle the dispute.  
 4.8. In cases of urgency, including those which concern perishab le goods, Members shall enter into consultations within a perio d of no 
more than 10 days after the date of receip t of the request. If the consultations have failed to settle the dispute within a per iod of 20 
days after the date of receipt of the request, the comp laining party may request the establishment of a panel. 
 
4.9 In cases of urgency, including those which concern perishable  goods, the parties to the dispute, panels and the Appellate B ody 
shall make every effort to accelerate the proceedings to the greatest extent possible.  4.10. During consultations Members should give special attention to the particular problems and interests of developing country  
Members. 
   
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Members Description 
4.11. Whenever a Member other than the consulting Members consid ers that it has a substantial trade interest in consultations b eing 
held pursuant to paragraph 1 of Article XXII of GATT 1994, para graph 1 of Article XXII of GATS, or the corresponding provisions  in 
other covered agreements4, such Member may notify the consulting Members an d the DSB, within 10 days after the date of the 
circulation of the request for consultations under said Article, of  its desire to be joined in the consultations. Such Member s hall be 
joined in the consultations, provided that the Member to whic h the request for consultations was addressed agrees that the clai m of 
substantial interest is well-founded. In that event they shall so inform the DSB. If the request to be joined in the consultati ons is not 
accepted, the applicant Member shall be free to request consulta tions under paragraph 1 of Article XXII or paragraph 1 of Artic le XXIII 
of GATT 1994, paragraph 1 of Article XXII or  paragraph 1 of Article XXIII of GATS, or the corresponding provisions in other cov ered 
agreements." 
 
Request formal "Good 
offices", conciliation 
and mediation Legal provisions of Dispute Settlement Understanding  
Article 5 
 
"5.1 Good offices, conciliation and mediation are procedures that  are undertaken voluntarily if the parties of the dispute so a gree." 
 
Request the 
establishment of a 
dispute settlement panel Legal provisions of Dispute Settlement Understanding  
Article 6 
 "6.1 If the complaining party so requests, a panel shall be established at the latest at the DSB meeting following that at whic h the 
request first appears as an item on the DSB's agenda, unless at that meeting the DSB decides by consensus not to establish a pa nel. 
 6.2 The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, i dentify 
the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the proble m 
clearly."    
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Members Description 
  
Beyond WTO System 
  
  
IPPC dispute 
settlement 
procedures In cases where a phytosanitary dispute arises, contracting parties are encouraged to consult with the IPPC Secretariat concerni ng the 
range of dispute settlement procedures that are available and wh at might be appropriate for the dispute in question. There are three 
main types of procedures: 1) informal consultation, formal consultation, good offices, mediation or arbitrations; 2) formal non -binding 
conciliation process; 3) a dispute settlement procedure (may produce a binding agreement for the parties to the agreement). 
 
Note: the IPPC Dispute Settlement pr ocedure is currently under review.  
 
Legal provisions of the SPS Agreement  
Article 11.3 
"11.3 Nothing impairs the rights of Members under other internatio nal agreements, including the right to resort to the good off ices or 
dispute settlement mechanisms of other international organizations or established under any international agreement." 
 
Outside the WTO  
Article XIII of the IPPC Settlement of disputes (Paragraphs 1-6) 
https://www.ippc.int/publications/1997-international -plant-protection-convention-new-revised-text . 
 
Article XVI of the IPPC Supplementary agreements (paragraphs 1-3) 
https://www.ippc.int/publications/1997-international -plant-protection-convention-new-revised-text . 
 
OIE informal 
mediation procedure In the case where an OIE Member considers that another OIE Member  does not comply with OIE standards, both parties can agree to  
request the voluntary, informal OIE mediation procedure which focusses on scientific and technical aspects to seek to find a mu tually 
agreeable solution. 
 Legal provisions of the SPS Agreement  
Article 11.3 
"11.3 Nothing impairs the rights of Members under other internatio nal agreements, including the right to resort to the good off ices or 
dispute settlement mechanisms of other international organizations or established under any international agreement." 
 
Outside the WTO  
Chapter 5.3.8 of the OIE Terrestrial Animal Health Code provides  details on the OIE informal procedure for dispute mediation. 
http://www.oie.int/international-standard-s etting/terrest rial-code/a ccess-online . 
   
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Members Description 
Meet on issues 
bilaterally At any time, a Member may request to hold a bilateral meeting or  discussion regarding an SPS issue. Alternatively, these discus sions 
could take place on the margins of regularly scheduled meetings. 
 
Outside the WTO  
Not a concept included in the WTO framework, however, can be a 'best practice' when managing SPS issues. 
 
 
Links to the major decisions and reference documents under the Sanitary and Phytosanitary Measures Committee can be found onlin e at 
http://www.wto.org/english/tratop_e/sps_e/decisions06_e.htm . 
 
 
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i All references to websites are current as of March 2015.