G/SPS/W/302/Rev.1  
 
11 September  2018 
(18-5608) Page: 1/3 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
FIFTH REVIEW OF THE OPERATION AND IMPLE MENTATION OF THE AGREE MENT ON THE 
APPLICATION OF SANIT ARY AND PHYTOSANITAR Y MEASURES  
WORKSHOP ON EQUIVALE NCE 
Submission from Canada  
Revision  
The following communication, received on 10 September  2018, is being circulated at the request 
of the Delegation of Canada . 
 
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1  INTRODUCTION  
1.1.  As part of the Fifth Review of the Operation and Implementation of the Agreement on the 
Application of Sanitary and Phytosanitary Measures, pursuant to the pr ovisions of Article 12.7 of 
the Agreement, the Secretariat has invited Members to identify issues they wish to be considered 
during the Review by 10 September 2018.  
1.2.  Canada respectfully submits a revised proposal, based on the discussion and interest at the  
July 2018 Committee meeting, for consideration by the Committee for a workshop or thematic 
session on equivalence under the Fifth Review of the Operation and Implementation of the 
Agreement on the Application of Sanitary and Phytosanitary Measures.  
1.3.  Canada  believes that all Members would benefit from a workshop or thematic session which 
examines the obligations in Article 4 of the SPS Agreement and the guidance provided in Decision 
on the Implementation of Article 4 of the Agreement on the Application of Sa nitary and 
Phytosanitary Measures  (G/SPS/19/Rev.2).  
1.4.  Furthermore, G/SPS/19/Rev.2 invites the Codex Alimentarius Commission (Codex), the World 
Organisation for Animal Health (OIE), the Commission on Phytosanitary Measures, to keep the 
Committee regularly informed regarding their activities relating to equivalence and indicates that 
Members should provide the Committee with information on their experience regarding the 
implementation of Artic le 4 of the Agreement.  
1.5.  As part of the workshop or thematic session  on equivalence, Members and the International 
Standard -Setting Bodies (ISSBs) would be invited to share developments, guidance, and best 
practices for the acceptance and recognition of equivalence. Additionally, it is proposed that the 
Secretariat would r eview the obligations as they relate to equivalence under Article 4 of the SPS 
Agreement and the guidance provided in G/SPS/19/Rev.2, assess relevant WTO jurisprudence, and 
analyze the issues related to equivalence raised in WTO dispute settlement cases an d the relevant 
findings.  
1.6.  Members have undertaken significant work on the issue of equivalence through the 
acceptance and recognition of equivalence. As part of the workshop or thematic session, Members 
would be invited to share their experiences, including  their approach to assessing equivalence, the G/SPS/W/302/Rev.1  
 
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  process of maintaining equivalence, and how historic knowledge of and confidence in another 
Member 's competent authority can be considered in the recognition of equivalence.  
1.7.  Since the revision of G/SPS/19/Rev.2  in 2004, the ISSBs have advanced a significant amount 
of work in the area of equivalence resulting in the development of new guidance. During the 
workshop or thematic session, representatives from Codex, the International Plant Protection 
Convention (IPPC ) and OIE, would be invited to discuss their relevant standards, guidelines, and 
recommendations, as well as the efforts they have or are currently undertaking to further develop 
guidance material, address gaps, and promote the understanding and use by Mem bers of the 
guidance that is developed.  
1.1  Codex  
1.8.  Since 1999, Codex has issued or updated a number of guidelines that relates or refers to 
equivalence, including Guidelines for the Development of Equivalence Agreements Regarding Food 
Imports and Export Inspect ion and Certification Systems  (CAC/GL 34 -1999), Guidelines on the 
Judgement of Equivalence of Sanitary Measures associated with Food Inspection and Certification 
Systems  (CAC/GL 53 -2003), Principles and Guidelines for National Food Control Systems  (CAC/GL 
82-2013), Principles for Food Import and Export Inspection and Certification  (CAC/GL 20 -1995), 
and Guidelines for the Design, Operation, Assessment and Accreditation of Food Import and Export 
Inspection and Certification Systems  (CAC/GL 26 -1997).  
1.9.  Additiona lly, in 2017, Codex approved new work to develop Guidance on the Use of Systems 
Equivalence , which is currently being prepared via electronic and physical working groups of the 
Codex Committee on Food Import and Export Inspection and Certification Systems . 
1.2  IPPC  
1.10.   The IPPC developed the following standard relative to equivalence, ISPM 24 (2005) 
Guidelines for the determination and recognition of equivalence of phytosanitary measures . 
1.11.   The Implementation Review and Support System of the IPPC released A Review of  the 
Application of Equivalence Between Phytosanitary Measures Used to Manage Pest Risk in Trade  in 
2016. This review analyses equivalence of phytosanitary measures, ISPM 24, and the 
implementation of phytosanitary equivalence by contracting parties. The r eview also identifies 
gaps in available information and challenges faced by imp lementing contracting parties.  
1.3  OIE 
1.12.   The OIE's Terrestrial Animal Health Code and Aquatic Animal Health Code each contain a 
Chapter (5.3) on OIE procedures relevant to the Agreeme nt on the Application of Sanitary and 
Phytosanitary Measures of the World Trade Organi sation. This chapter outlines the general 
considerations on the determination of the equivalence of sanitary measures, prerequisite 
considerations for the determination o f equivalence, principles for determination of equivalence, 
and the sequence of steps to be taken in determination of equivalence.  
2  PROPOSAL  
2.1.  Given the developments in this important area since 2004 by the ISSBs and Members, as 
well as the fact that a worksh op or thematic session has, to Canada 's recollection, never been held 
on the topic of equivalence, Canada would like to propose, for the Committee's consideration, a 
workshop or thematic session on equivalence as part of the Fifth Review of the Operation a nd 
Implementation of the Agreement on the Application of Sanitary and Phytosanitary Measures.  
2.2.  This workshop or thematic session would provide Members an opportunity to expand their 
knowledge of the concept of equivalence. The following elements could be us eful for Members to 
examine in detail: the equivalence obligations in the SPS Agreement; the guidance provided in 
Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary and 
Phytosanitary Measures  (G/SPS/19/Rev.2) the ju risprudence relating to Article 4 in decisions of 
the Dispute Settlement Body; the work of the ISSBs on developing international standards, 
guidelines and recommendations referring or relating to equivalence; Members ' experience G/SPS/W/302/Rev.1  
 
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  implementing the concept of  equivalence; as well as any best practices that can be shared 
concerning the implementation of the obligations, guidelines or recommendations on equivalence.  
2.3.  Canada has identified these topics of interest relating to equivalence for further discussion at 
a workshop or thematic session. Canada is open to including other topics of interest relating to 
equivalence as identified by other Members, such as systems approaches for achieving 
equivalence, for examination by the Committee as part of th e workshop or t hematic session.  
 
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