G/SPS/63  
 
26 March  2018 
(18-1857) Page: 1/12 
Committee on Sanitary and Phytosanitary Measures  
   
 
  
CATALOGUE OF INSTRUM ENTS AVAILABLE TO WT O MEMBERS TO MANAGE SPS ISSUES  
1.  At its meeting of 1 -2 March 2018, the C ommittee adopted the following Catalogue of 
Instruments available to WTO Members to Manage SPS issues. It is based on a proposal initially 
submitted by Canada and Kenya in the discussions of the Fourth Review. The Catalogue  is 
intended only as a reference document to help Members address and manage S PS issues. It aims 
to facilitate the task of officials working on SPS issues by identifying relevant legal provisions, 
Committee work, and some other resources available for particular SPS -related tasks or activities. 
Their inclusion in the Catalogue is no t meant to suggest that these instruments constitute 
necessary or mandatory steps in the completion of a certain task or activity.  
2.  This Catalogue neither adds to nor detracts from the existing rights and obligations of Members 
under the SPS Agreement or an y other WTO Agreement.  
 
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  G/SPS/63  
 
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Members  Description  
  
Within the WTO SPS 
Agreement   
  
Request information 
on the measure  from 
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 qu estions 
from interested Members as well as for the provision of  relevant documents rega rding:  
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 sanita ry or 
phytosanitary protection;  
d. the membership and participation of the Member, or of relevant bodies within its territory, in international and regional sanitary 
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 Members have to establish an Enquiry Point responsible for provid ing 
answers and documentation to all reasonable questions from interested Members . 
 
The Committee has developed  "Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement 
(Article 7) " (G/SPS/7/Rev.31 [https://docs.wto.org/dol2fe/Pages/SS/dire ctdoc.aspx?filename=Q:/G/SPS/7R3.pdf ]). 
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 Inform ation Management 
System (SPS  IMS: http://spsims.wto.org ). 
 
Outside the WTOi 
Codex contact points are available  from http://www.codexalimentarius.org/contac t-links.  
 
IPPC contact points are available from https://www.ippc.int/countries/contactpoints . 
 
OIE delegates  are available from http://www.oie.int/en/about -us/our -members/delegates -new.  
 
                                                
1 A "technical" revision of G/SPS/7/Rev.3 is currently being undertaken and will be circulated as G/SPS/7/Rev.4 in 2018.    
  G/SPS/63  
 
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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 Agre ement , Members are required to allow reasonable time for other Members to make 
comments in writing.  
 
The Recommended Transparency Procedures state that a 60 -day comment 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 thes e 
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 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 formal.  
 
Outside the WTO  
Bilateral discussions prior to resorting to mediated settlement:  
A practice of many Members is to take advantage of being in Geneva for the WTO SPS Committee meeting to raise SPS market access 
issues with trading partners.  
   
  G/SPS/63  
 
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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 demonstra tes 
to the importing Member that its measures achieve the importing Member 's appropriate level of sanita ry or phytosanitary protection.  
For this purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other r elevant 
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 facilit ate the application of Article 4 of the SPS Agreement : "Decision on the 
Implementation of Article 4 of the Agreement on the Application of SPS Measures (Equivalence)" (G/SPS/19/Rev.2  
[https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/19R2.pdf ]). 
 
Outside the WTO  
Codex standards, guidelines and recommendations are available from:  
http://www.fao.org/fao -who-codexalimentarius/codex -texts/list -standards/en/ . 
 
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/international -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 characteristi cs 
of the area — whether all of a co untry, part of a country, or all or parts of several countries — from which the product originated and 
to which the product is destined.  In assessing the sanitary or phytosanitary characteristics of a region, Members shall take into 
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.  
 
6.2. Members shall, in particular, recogniz e the concepts of pest - or disease -free areas and areas of low pest or disease prevalence.  
Determination of such areas shall be based on factors such as geography, ecosystems, epidemiological surveillance, and the 
effectiveness of sanitary or phytosanitary  controls.  
   
  G/SPS/63  
 
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Members  Description  
6.3. Exporting Members claiming that areas within their territories are pest - or disease -free areas or areas of low pest or disease 
prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Member that such areas 
are, and are likely to remain, pest - or disease -free areas or areas of low pest or disease prevalence, respectively.  For this purpose, 
reasonable access shall be given, upon request, to the importing Member for inspection, testing an d other relevant procedures. " 
 
SPS Committee work 
The Committee has developed guidelines to facilitate the application 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  
[https://docs.wt o.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/48.pdf ]). 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/international -standard -setting/overview . 
 
Reques t 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 sanitary 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 internati onal 
standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of th e 
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 assistance 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 p rocessing 
technologies, research and infrastructure, including in the establishment of national regulatory bodies, and may take the for m of 
advice, credits, donations and grants, including for the purpose of seeking technical expertise, training and equipm ent to allow such 
countries to adjust to, and comply with, sanitary or phytosanitary measures necessary to achieve the appropriate level of san itary or 
phytosanitary prot ection 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 perm it the 
developing country Member to maintain and expand its market access opportunities for the product involved. "   
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Members  Description  
WTO technical assistance  
For more information on technical assistance and training activities related to the SPS Agreement available from the WTO Secretariat , 
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 protection allows scope for the phased introduction of new sanitary 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 application of Article 10.1 of the SPS Agreement:  "Procedure to Enhance 
Transparency of Special and Differential Treatment in Favour of Developing Country Members" ( G/SPS/33/Rev.1  
[https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/33R1.pdf ]). They  includ e procedures to be followed.  
 
Request specified, 
time-limited 
exceptions in whole 
or in part from 
obligations under the 
SPS Ag reement  
 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, specif ied, time -limited exceptions in whole or in part from obligations  
under this Agreement, taking into account their 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 discussions with another Member on specific SPS issues.  
 
Paragraph 6 of the Working Procedure s of the Committee (G/SPS/1  [https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=  
Q:/G/SPS/1.pdf ]) states: "With respect to any matter which has been raised under the Agreement, the Chairperson ma y, at the 
request of the Members directly concerned, assist them in dealing with the matter in question…."  
 
Guidance on how to request facilitated ad hoc consultations or negotiations  is found in "Procedure to Encourage and Facilitate the 
Resolution of Spe cific Sanitary or Phytosanitary Issues Among Members in Accordance with Article 12.2 " (G/SPS/61  
[https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/ SPS/61.pdf ]).  
   
  G/SPS/63  
 
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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 operat ion and implementation of this Agreement three years after the date of entry into force 
of the WTO Agreement, and thereafter as the need arises. Where appropriate, the Committee may submit to the Council for Trade  in 
Goods proposals to amend the text of th is 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  of the 
WTO SPS Committee 
meeting  Members may request, in writing to the Secretariat, to include an issue on the WTO SPS Committee Agenda f or an upcoming meeting , 
up to, but not including, the day on which the notice convening the meeting is to be issued.  
 
This request should be made consistent with the 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 
other Member(s) concerned with an outline of the matter to be rai sed, as far as possible in advance of the SPS Committee meeting.  
 
Working procedure s of the WTO SPS Committee (G/SPS/1  [https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/  
G/SPS/1.pdf ]). 
 
Raise an issue under 
the "Monitoring  of the 
Use of International 
Standards " Agenda 
item of the WTO SPS 
Committee meeting  Members may request, in writing to the Secretariat, to include concrete 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 standards, 
guidelines  or recommendation s on 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 Process of Internation al Harmonization" (G/SPS/11/Rev.1  
[https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/11R1.pdf ]), paragraphs 6 and 7 . 
 
Raise an issue under 
the "Regionalization " 
Agenda item of the 
WTO SPS Committee 
meeting  
 Members may request to include a specific item regarding information on a Member's pest - or disease -free areas and areas of low 
pest or disease prevalence or on a Memb ers' experience in recognition of pest -or disease -free areas.  
 
Working procedure s of the WTO SPS Committee ( G/SPS/1 [ https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx? filename=Q:/  
G/SPS/1.pdf ]). 
 
The Committee has developed guidelines to facilitate the application 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 (Re gionalization) " (G/SPS/48 
[https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/48.pdf ]). 
   
  G/SPS/63  
 
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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 procedure s of the  WTO SPS Committee ( G/SPS/1  [https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/  
G/SPS/1.pdf ]). 
 
The Committee has developed guidelines to facilitate the application of  Article 4 of the SPS Agreement: "Decision on the 
Implementation of Article 4 of the Agreement on the Application of SPS Measures (Equivalence) " (G/SPS/19/Rev.2  
[https://docs. wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/SPS/19R2.pdf ]). 
 
Raise an issue under 
the "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 differential 
treatment on the WTO SPS Committee Agenda for an upcoming meeting.  
 
Working procedure s of the  WTO SPS Committee (G/SPS/1  [https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/  
G/SPS/1.pdf ]). 
  
Within WTO system   
  
Ask questions as part 
of the Trade Policy 
Review process  Each Member undergoes a trade policy review (the frequency of each country 's review varies according to its share of world trade) . 
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, including 
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 the 
issue in other WTO 
Bodies  
 For example and as approp riate, the Committee on Import  Licensing, 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 Members.  
 
4.2. Each Member undertakes to accord sympathetic consideration to and afford adequate opportunity for consultation regarding any 
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 co nsultations is made pursuant to a covered agreement, the Member to which the request is made shall, unless 
otherwise mutually agreed, reply to the request within 10 days after the date of its receipt and shall enter into consultatio ns 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 satisfactory 
solution.  If the Member does not respond within 10 days after the date of receipt of the request, or does not enter into consultation s 
within a period of no more than 30 days, or a period otherwise mutually agreed, after the date of receipt of the request, the n the 
Member that requested the holding of consultations may proceed 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 which 
requests consultations.  Any request for consultations shall be submitted in writing and shall give the reasons for the request, includ ing 
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 provisions of a covered agreement, before resorting to further action u nder 
this Understanding, Members should attempt to obtain satisfactory adjustment of the matter.  
 
4.6. Consultations shall be confidential, and without prejudice to the rights of any Member in any further proceedings.  
 
4.7. If the consultations fail to settle a dispute within 60 d ays after the date of receipt of the request for consultations, the 
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 perishable goods, Members shall enter into consultations within a period o f no 
more than 10 days after the date of receipt of the request.  If the consultations ha ve failed to settle the dispute within a period of 
20 days after the date of receipt of the request, the complaining party may request the establishment of a panel.  
 
4.9. In cases of urgency, including those which concern perishable goods, the parties to t he dispute, panels and the Appellate Body 
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 countr y 
Members.  
   
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Members  Description  
4.11. Whenever a Member other than the consulting Members considers that it has a substantial trade interest in consultations being  
held pursuant to paragraph 1 of Article XXII of GATT 1994, paragraph  1 of Article XXII of GATS, or the correspon ding provisions in 
other covered agreements4, such Member may notify the consulting Members and 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 shall be 
joined in the consultations, provided that the Member to which the request for consultations was addressed agrees that the cl aim of 
substantial interest is well -founded.  In that event they shall so inform the DSB.  If the request to be joined in the consultations is not 
accepted, the applicant Member shall be free to request consultations under paragraph 1 of Article XXII or paragraph  1 of Article XXIII 
of GATT 1994, paragraph 1 of Article XXII or paragraph 1 of Article XXIII of GATS, or  the corresponding provisions in other covered 
agreements. " 
 
Request formal "Good 
Offices, Conciliation 
and M ediation " Legal provisions of Dispute Settlement Understanding  
Article 5  
 
"5.1. Good offices, conciliation and mediation are procedures that are undertaken voluntarily if the parties to the dispute so agree. " 
 
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 which t he 
request first appears as an item on the DSB 's agenda, unless at that meeting the DSB decides by consensus not to establish a p anel.5 
 
6.2. The request for the establishment of a panel shall be made in writing. It shall indicate whether consultations were held, ide ntify 
the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to pre sent the problem 
clearly …" 
   
  G/SPS/63  
 
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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 concerning the 
range of dispute settlement procedures that are available and what might be appropriate for the dispute in question. There ar e three 
main types of procedures: 1) informal consultation, formal consultation, good offices, mediation or arbitrations; 2) formal non -binding 
conciliation process; and 3) a dispute settlement procedure (may produce a binding agreement for the parties to the agreement) . 
 
Note: the IPPC Dispute Settlement procedure is currently under review.  
 
Legal provisions  of the SPS Agreement  
Article 11.3  
 
"11.3. Nothing  in this Agreement shall  impair the rights of Members under other international agreements, including the right to resort 
to the good offices or dispute settlement mechanisms of other international organiza tions 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 (p aragraphs 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 focuses on scientific and technical aspects to seek to find a m utually 
agreeable solution.  
 
Legal provisions of the SPS Agreement  
Article 11.3  
 
"11.3. Nothing  in this Agreement  shall impair the rights of Members under other international agreements, including the right to resort 
to the good offices 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 p rocedure for dispute mediation : 
http://www.oie.int/international -standard -setting/terrestrial -code/access -online . 
   
  G/SPS/63  
 
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Members  Description  
Meet on issues 
bilaterally  At any time, a Member may request to hold a bilat eral meeting or discussion regarding an SPS issue. Alternatively, these discussions 
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 managi ng SPS issues . 
 
 
Links to  the major decisions and reference documents under the Sanitary and Phytosanitary Measures Committee can be found online 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 201 8.