G/L/1280  
 
8 Novem ber 2018 
(18-6995) Page: 1/3 
   
 
REPORT (201 8) ON THE ACTIVITIES OF THE COMMITTEE ON  
SANITARY AND PHYTOSA NITARY MEASURES  
1.1.  The present report is being circulated by the Chairperson of the Committee on Sanitary and 
Phytosanitary Measures on her own responsibility. This report provides a summary of the activities 
and decisions of the Committee during 201 8. 
1.2.  The Committee on Sanit ary and Phytosanitary Measures (the "SPS Committee") held regular 
meetings on 1-2 March, 1 2-13 July, and 1-2 November 2018 . Mr Marcial Espínola Ramírez 
(Paraguay)  had been elected in 2017 as Chairperson for 2017 -2018. The SPS Committee elected 
Ms Noncedo V utula (South Africa ) as the new Chairperson for 2018 -2019 at the beginning of its July 
meeting . 
1.3.  In March 2018, the SPS Committee adopted the Catalogue of Instruments to Manage SPS 
Issues1, which had initially been tabled  as part of the Fourth Review  of the  Operation and 
Implementation of the SPS Agreement . Since 2014, the Committee had failed to reach consensus 
over the inclusion of a disclaimer in this document. The Committee finally agreed to include 
disclaimer language proposed by the Chairperson in July  2017, which combine s an introductory 
paragraph describing the intended uses of the Catalogue with a soft disclaimer. Consensus became 
possible after Brazil and Mexico, who had previously raised objections to the inclusion of a disclaimer, 
accepted the Cha irperson's proposed disclaimer, in the spirit of advancing the work of the 
Committee. Both Members requested that their systemic concerns regarding the use of disclaimers 
in Committee documents be reflected in the summary report of the meeting.  
1.4.  The SPS Com mittee also launched the Fifth Review of the Operation and Implementation of the 
SPS Agreement  in March 2018, and adopted a document laying out the process and timetable for 
this Review .2 Recalling the challenges experienced in the adoption of the  report of the  Fourth Review 
– which had started in 2013, but was only adopted in 2017 – a couple of Members underscored the 
importance of having the Committee engage in discussions on the process ahead, to reach a common 
understanding on expectations for the Fifth Review.  Members also decided to build some "breathing 
room" into the timetable, and  the Review is scheduled to conclude in March 2020.  
1.5.  In July and October 2018 , the SPS Committee considered  13 proposals submitted by 
29 Members for work under the Fifth Review. The proposals cover recognition of equivalence of SPS 
measures, and in particular of systems approaches; adaptation of SPS measures to regional 
conditions, including pest - or disease -free areas; transparency and notifications under the SPS vs . 
TBT Agreement; national coordination among SPS agencies; trade issues related to pesticide MRLs ; 
the role of Codex, IPPC and OIE in addressing specific trade concerns; third party assurance systems 
and the development of guidelines for implementation of Article 13; risk assessment, appropriate 
levels of protection, and science; and efforts  to address fall army worm  infestation . In addition, 
Members' indicated  interest in initiating work on Annex C on control, inspection and approval 
procedures .  
1.6.  As a first  step, the Committee will hold several thematic sessions and/or workshops on these 
topics to exchange experiences and hear from experts.  Following several consultations and 
discussions in the Committee , the Chairperson proposed  a schedule of such meetings. Several 
Members also expressed interest in developing further Committee guidance or best practices in 
                                                
1 G/SPS/63.  
2 G/SPS/W/296/Rev.1.  G/L/1280  
 
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  certain areas, including equivalence and regionalization, while other Members were cautious about 
embarking on such work.  
1.7.  In the context of the Fifth Review, the SPS Committee held the first part of a thematic session 
on equivalence in October 2018 follow ing a proposal submitted by Canada. Other Members also 
submitted proposals recommending that the Committee further discuss the  concept of equivalence, 
including examining the existing guidance on the recognition of equivalence (G/SPS/19/Rev.2).  
1.8.  This thematic session provided an opportunity to introduce the concept of equivalence, and for 
WTO Members to increase their awareness o f the relevant provisions of the SPS Agreement, the 
guidance from the Committee (G/SPS/19/Rev.2), and related jurisprudence.  Based on the comments 
received from one Member, the thematic session also included a presentation from the Secretariat 
on equivalen ce from a TBT perspective . In addition, representatives of Codex, IPPC and OIE 
explained how the concept of equivalence is applied in their areas, as well as the relevant 
international standards. The second part of this thematic session will be held in Mar ch 2019, and will 
focus on Members' experiences with the implementation of equivalence.  
1.9.  The SPS Committee held a Workshop on Control, Inspection and Approval Procedures (Annex  C 
of the SPS Agreement)  in July 2018 , organized by the Secretariat.3 This worksh op explored ways to 
expedite and simplify border procedures while ensuring that traded products do no t present food 
safety, animal or plant health risks. It covered relevant rules in the SPS and Trade Facilitation 
Agreements, jurisprudence, international S PS standards, and allowed for an exchange of experiences 
among Members. Speakers from the World Bank, STDF, COMESA and certain Members gave 
estimates of transaction costs related to SPS controls and identified opportunities to facilitate safe 
trade, includ ing through inter -agency collaboration, risk -based inspections and increased 
transparency. One session focused on e -certification , and  a final roundtable on capacity -building 
programmes highlighted various opportunities for leveraging resources to strength en SPS -related 
border procedures. Members indicated interest in continuing to discuss the topic, possibly as part of 
the Fifth Review. The SPS Committee requested the Secretariat to update a 2014 room document 
on the relationship between the SPS Agreement and the Trade Facilitation Agreement (TFA).4 This 
document was subsequently discussed in the October 2018 SPS Committee  meeting . 
1.10.    Following a proposal from the United States, the Committee held a thematic session on pest -
free areas in February  2018. The se ssion focused on relevant SPS Agreement provisions, Committee 
guidelines , jurisprudence from recent disputes, and information on the IPPC standards on pest -free 
areas. In addition, t he Southern Cone Plant Health Committee (COSAVE) and the International 
Atomic Energy Agency (IAEA) provided regional and international perspectives. Members also had 
the opportunity to share their practical experiences on the establishment and maintenance of pest -
free areas, as well as the legislative aspects and more general pr inciples related to their 
implementation.  
1.11.   The SPS Committee consider ed the Annual Overview of the implementation of the 
transparency provisions of the SPS  Agreement.5 Considering all types of notifications, a total of 
23,525 notifications were submitted from 1 January 1995  to 15 September 201 8. Between 1  January 
and 15  September 201 8, 888 regular notifications and 83 emergency notifications were circulated. 
The share of notifications from developing countries continues to be high, at about 7 3% in 201 8. 
As of 15 September, 12 7 Members had submitted SPS notifications, and of these, 42  Members had 
submitted SPS notifications online via the SPS NSS . In addition, Liberia and Montenegro submitted 
SPS notifications for the first time in 201 8. 
1.12.   The Committee also c onsidered the Annual Report on the Procedure to Monitor the Process of 
International Harmonization.6 Three  new issues were raised in March and July 2018, on: unnecessary 
delays in the adoption of Codex Food Additive Standards; risk management related to the global 
movement in plant seeds ; and ASF restrictions not consistent with the OIE international standard . 
At the October meeting, the Committee considered another two issues, relating to : non-science 
factors in Codex standards; and use of the Codex defi nitions for milk and milk products.  
                                                
3 The programme of the workshop is contained in G/SPS/GEN/1613/Rev.2.  
4 RD/SPS/3/Rev.2  (and Corr.1) . 
5 G/SPS/GEN/804/Rev.1 1 (and Corr.1) . 
6 G/SPS/GEN/1 617. G/L/1280  
 
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  1.13.   Many Members provided the SPS Committee with information regarding their status with 
respect to specific plant pests and animal diseases. This information is compiled in the Annual Report 
on the Implementation of Article  6.7 The Committee also considered the Annual Report on the Use 
of the Procedure to Encourage and Facilitate the Resolution of Specific SPS Issues , which had never 
been used .8 At each meeting, Members  also provided information regarding changes in their SP S 
policies and situations.  
1.14.   The SPS Committee considered a wide range of specific trade concerns. Members raised 
13 new specific trade concerns during March and July 2018. New trade concerns included, inter alia : 
Viet Nam's draft amendment to Circular 24 on MRLs for veterinary drugs; Mexico's market access 
requirement for casein products; Saudi Arabia's temporary ban on the importation of fish, 
crustaceans and other aquatic animal products; Viet Nam's market access  requirements for ''white'' 
offals; US import restrictions on apples and pears; New Zealand's draft import health standard for 
vehicles, machinery and equipment; lack of transparency and undue delays in Indonesia's approval 
procedures for animal products; EU Commission Decision 2002/994/EC on animal products; EU 
restrictions on poultry meat and poultry meat preparations (Regulation (EU) No. 2018/700); 
Panama's restrict ions on beef and poultry meat; t he Russian Federation's restrictions on beef and 
swine mea t (G/SPS/N/RUS/145); EU review of legislation on veterinary medicinal products; and new 
EU definition of the fungicide folpet.  In addition, the following five new specific trade concerns were 
raised at the October meeting: EU MRLs for  certain  pesticides ; the Russian Federation's bluetongue -
related import restriction on ruminants; Viet Nam's import restrictions in the draft law of animal 
production; Thailand's import fees related to approval procedures for live animals and animal 
products; and the European C ourt of Justice Opinion 528/16 on organisms obtained by mutagenesis.  
1.15.   Many previously raised concerns continued to be discussed during 201 8. Several Members 
intervened on issues such as the  EU proposal for categorization on compounds as endocrine 
disruptors , EU maximum level of cadmium in foodstuffs and China' s certification requirements for 
food imports. Three Members provided information on trade concerns that had been fully or partially 
resolved, allowing the Secretariat to update the SP S Information Mana gement System.  Information 
on specific trade concerns is compiled on an annual basis in a report discussed at the March meeting .9 
1.16.   Members, Observer Organizations and the Secretariat provided information on SPS -related 
technical assistance activities at each of the Committee's meetings. The STDF Secretariat also kept 
the Committee informed of the work of the Standards and Trade Development Facility.10 
1.17.   The SPS Committee maintained its close working relationship with the Codex, IPPC, and the 
OIE (often refer red to as the "Three Sister" organizations) and received regular updates on their 
activities. Other observer organizations also provided information on their activities.  
1.18.   The SPS Committee has tentatively agreed to hold regular meetings on 20-21 March, 
10-11 July, and 6-7 November 201 9. 
__________  
                                                
7 G/SPS/GEN/ 1618. 
8 G/SPS/GEN/ 1642. 
9 G/SPS/GEN/204/Rev.1 8. 
10 G/SPS/GEN/1 607, G/SPS/GEN/ 1627 and G/SPS/GEN/1 653.