G/SPS/W/306  
 
17 September  2018 
(18-5720) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
FIFTH REVIEW OF THE OPERATION AND IMPLEMENTATION OF TH E AGREEMENT  
ON THE APPLICATION O F SANITARY AND PHYTO SANITARY MEASURES  
SUBMISSION FROM  BELIZE  
The following communication, received on 13 September 2018, is being circulated at the request of 
the Delegation of Belize . 
 
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Belize would like to propose the following for consideration under the Fifth Review of the Operation 
and Implementation of the Agreement on the Application of Sanitary  and Phytosanitary Measures.  
1  BACKGROUND  
1.1.  The Committee on Sanitary and Phytosanitary Measures has had "Concerns on Private and 
Commercial Standards" on its  agenda since 2005, when S aint Vincent and the Grenadines first raised 
their concerns on the impact of  EurepGAP pesticide requirements on the exportation of bananas to 
members of the European Union.  
1.2.  Following the concern raised by Saint  Vincent and the Grenadines, and extensive discussions 
in the Committee, an ad hoc Working Group (WG) was established to h elp adv ance work on this 
agenda item. The output of the ad hoc working group consisted in the production of a document 
with twelve possible actions for consideration by the Committee, as listed in document 
G/SPS/W/256.  Out of the twelve proposed actions, d ue to divergent views on whether this agenda 
item should be considered in the SPS Committee, members approved the first five proposed actions 
as contained in document G/SPS/55.  
1.3.  The Committee has not been able to make any significant advances on this agenda  item, as 
some Members proposed that the first step be to establish a definition for "SPS -related private 
standards" and to date divergent views exist on what should constitute such a definition. 
Unfortunately, despite this standstill in the SPS Committee,  retailers, buyers and certification 
programme owners continue to apply SPS requirements to trade in agricultural products without 
necessarily following the provisions of the SPS Agreement.  
2  INTRODUCTION  
2.1.  It is common knowledge that "governments do not trade ", and as such there is tremendous 
support for the responsibility of assuring the safety of the products, that are traded, to be placed on 
"those who produce it and sell it" . However, we are of the position that guidance should be provided 
to the private s ector to ensure that in the application of those measures, they do not undermine the 
multilateral trading system that has already established rules for the application of such measures.  
2.2.  The discussion in the Committee on concerns related to private and com mercial standards are 
proof of what happens when guidance is not provided to the private sector.  
2.3.  Many are of the view that: "private standards are here to stay!" and with governments placing 
more responsibility on the private sector to ensure the safety of  what they produce and sell, it is 
very likely that there may simply be an accelerated proliferation of private and commercial 
standards.  G/SPS/W/306  
 
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  2.4.  Additionally, some Members, in the modernization of their food safety laws and regulations, 
are recognising the role t hat third party assurance schemes play in fulfilling their legal mandate.  
2.5.  To that effect, a few Members have even submitted proposals to the Codex Committee on Food 
Import and Export Inspection and Certification Systems (CCFICS) for consideration and to da te a 
physical working group has been advancing work on the document: "Guidance for Competent 
Authorities to assess third Party Assurance and its Potential to Inform National Food Control System 
Planning".  
3  PROPOSAL  
3.1.  We propose that the SPS Committee commence  its work in the development of guidelines for 
the implementation of A rticle 13 of the SPS Agreement.  The agenda item of the Committee, the new 
emphasis of modernized food safety laws and regulations on the role of the private sector and the 
current work o f CCFICS on third party assurance are enough justification to see the need for the 
elaboration of guidelines for the implementation of Article 13 of the SPS Agreement.  
3.2.  The second and third sentences within that provision (as cited below), are very clear on  the 
roles of Members and their legal obligations as it pertains to providing guidance to those "other than 
central government bodies" and "non -governmental entities".  
"Members shall formulate and implement positive measures and 
mechanisms in support of the observance of the provisions of this 
agreement by other than central  government bodies ." 
"Members shall take such reasonable measures as may be available to 
them to e nsure that non-governmental entities  within their territories 
as well as regional bodies in which relevant entities within their territories 
are members, comply with the relevant provision of this Agreement."  
3.3.  Work could be initiated in two different ways: by the formation of an ad hoc working group or 
by holding a workshop. However should the Committee agree to first holding a workshop, the 
following areas may be a few topics that the Committee may wish to explore:  
• Members ' experience in recognizing Third P arty Assura nce Schemes;  
• CCFICS presentation on "Guidance for Competent Authorities to assess third Party Assurance 
and its Potential to Inform National Food Control System Planning";  
• A Third Party Certification Programme Owner, a buyer or a retailer and th eir procedures in 
benchmarking with national requirements or with the standards, guidelines and 
recommendations of International Standard Setting Bodies recognized by the SPS 
Agreement; and  
• Experiences of both exporting and importing countries on third par ty assurance schemes.  
3.4.  We b elieve that the development of guidelines for the implemen tation of Article 13 of the 
SPS Agreement will assist Members to comply with their legal obligation as it pertains to ensuring 
that "non -governmental entities" and "other than central government bodies" comply with the 
provisions of the SPS Agreement.  
 
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