G/SPS/W/300  
 
6 June 2018  
(18-3462) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
 
NOTIFICATION PROCEDU RES UNDER THE SPS CO MMITTEE  
FIFTH REVIEW  
Submission from Brazil  
The following communication, received on 5 June 2018, is being circulated at the request of the 
Delegation of the Brazil . 
 
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On the occasion of the Fifth Review of the Agreement on the Application of Sanitary and 
Phytosanitary Measures (SPS) Brazil would like to share some suggestions for enhancing 
notification procedures under the SPS Agreement.  
1  BACKGROUND  
1.1.  One of the cornerston es of WTO Agreements is transparency, which is based upon, among 
others factors, notifica tion requirements. Notification  provisions in the SPS Agreement ensure that 
basic factual information regarding each Member 's intentions to regulate, as well as the po ssible 
trade implications of the new measures, are shared with Members, giving trading partners an 
opportunity to make comments at an early stage either bilat erally or at the SPS Committee.  
1.2.  The notification system in the SPS Committee is one of its most important functions, with 
thousands of notifications made in the last two decades. However, to reach its full potential of 
allowing countries to comment on notifications in a timely and effici ent manner, it is necessary 
that Members fully comply with all notification conditions, starting with notifications being mad e 
under the adequate agreement.  
1.3.  It has been noticed that some of the measures currently being notified under the TBT 
Agreement could also fall under the purview of the SPS Agreement. As the SPS and TBT 
Agreements regulate similar areas, identifying the scope under which a specific measure falls is 
not always a clear -cut issue. Moreover, many measures have more than one objective and e nd up 
being subject to the disciplines of both agreements.  
1.4.  This document seeks to make a contribution to improve the notification system and initiate a 
discussion on where to notify measures not clear ly fitting only one Committee. Brazil understands 
that n otification practices under the SPS Agreement could be discussed in the current Review , as 
they are affecting Members' ability to react, comment, and ad apt to new regulatory measures.  
2  JUSTIFICATION  
2.1.  When a notification falls within the scope of the SPS Agreement, but is only notified under 
the TBT Agreement , Members ' resources that process and distribute notifications expend valuable 
time analyzing and redirecting it to the bodies or persons responsible for that specific kind of 
measure. For instance, if a n otification is about protection of animal health from risks arising from 
the entry of diseases, as stated in the SPS Agreement, even if related only to administrative 
procedures, it may not fall under the responsibility of TBT related agencies/entities  in some G/SPS/W/300  
 
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  countries, but of SPS -related agencies/entities, which  would only get acquainted with the 
notification at a later stage.  
2.2.  Considering that each country adopts a specific institutional framework for analyzing 
comments on SPS and TBT measures, and taking  into account that time schedules for comments 
are usually short, Brazil is convinced that a discussion to address the adequate agreement under 
which a measure should be notified is necessary. To anchor this discussion, the specific proposal 
below is prese nted. 
3  PROPOSAL  
3.1.  Without prejudice to the rights and obli gations of Members under other c ommittees, and for 
the purpose of enhancing predictability and transparency in situations where a Member consider s it 
is difficult to establish or foresee whether a draf t technical regulation may fall under the SPS 
and/or the TBT Agreement , Brazil understands that Members should notify simultaneously the 
measure in both Committees in accordance with the recommended procedures for implementing 
the transparency obligations of the SPS Agreement set forth on G/SPS/7/ Rev.4. 
3.2.  In line with the above, and taking into account the challenges arising from defining whether a 
measure falls w ithin the scope of one or both a greements, Brazil proposes to further address this 
cross-cutting issue through thematic sessions and workshops, with a view to developing practical 
guidelines for notifications.  
 
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