G/SPS/W/285  
12 May 2015  
(15-2490)  Page: 1/2  
Committee on Sanitary and Phytosanitary Measures  Original: Spanish  
 
  SPS-RELATED PRIVATE STANDARDS 
COMMUNICATION FROM ARGENTINA 
The following communication, received on 9 May 2015, is being circulated at the request of the 
delegation of Argentina. 
 
_______________ 
 
 1.  Argentina wishes to express its views on the ongoing negotiations aimed at developing a 
working definition of SPS-related private standards. 
2.  Argentina reiterates that the intention to remove certain key terms, such as "non-governmental 
entities" and "requirements", from the working de finition is at variance with the definitions 
provided by the World Organisation for Animal  Health (OIE) (2009) and the FAO/WHO Codex 
Alimentarius Commission (2010), as well as with the mandate to develop such a definition 
conferred upon this Committee pursuant to the De cision contained in document G/SPS/55 (2011). 
3.  Argentina recalls that no objections were raised by Members in respect of these long-standing 
definitions by the OIE and the FAO/WHO Codex Alimentarius Commission. Furthermore, the 
two terms ("non-governmental entity" and "requirements") were also endorsed by the SPS Committee Decision (document G/SPS/55), in accordance with the Agreement on the 
Application of Sanitary and Phytosanitary Measures (SPS Agreement). These successive 
instruments therefore represent an interpretation that has not been contested, for which reason 
this understanding of the use of the terms "non -governmental entity" and "requirements" should 
be respected. 
4.  Argentina emphasizes that the term "non-governmental entity" forms part of the definitions of 
private standards developed by both the OIE an d the World Health Organization (WHO)/Codex 
Alimentarius Commission. There is no difference or contradiction between the OIE definition and 
that of the FAO/WHO Codex Alimentarius Commission. Both definitions of private standards stem 
from two of the three international reference or ganizations with respect to the SPS Agreement 
(the OIE and the FAO/WHO Codex Alimentarius Commission). For this reason and in comparison with the other definitions set out in sect ion 2 of document G/SPS/GEN/1334/Rev.1, 
these two definitions are considered to be the most relevant. 
5.  Furthermore, the OIE definition is the working de finition of private standards, as described in 
the terms of reference (footnote 6 of document  G/SPS/GEN/1334/Rev.1). This definition was 
developed by the OIE ad hoc Group on Private Standards and International Trade in Animals and 
Animal Products, which mirrored the group set up under the WTO SPS Committee. 
6.  In view of this specificity, the definition established by this ad hoc group is particularly 
important. 
7.  It should also be borne in mind that the inclusion of the terms "non-governmental entities" and 
"requirements" in the OIE definition was agreed  upon by major industrial organizations (the 
International Meat Secretariat (IMS); the International Egg Commission (IEC); the German poultry 
association ( Zentralverband der Deutschen Geflügelwirtschaft ) representing the International 
Poultry Council (IPC); the International Federation of Agricultural Producers (IFAP); the French consumer protection association  Familles rurales ; and the French federation of trade and G/SPS/W/285 
- 2 - 
  distribution companies ( Fédération des entreprises du commerce et de la distribution  (FCD)) in 
conjunction with private businesses, government authorities and representatives of NGOs. 
8.  The mandate conferred upon the SPS Committee pursuant to the Decision contained in 
document G/SPS/55 states that the SPS Committee will limit any discussions to requirements 
which are established and/or adopted by non-go vernmental entities to fulfil one of the 
four objectives stated in Annex A, paragraph 1, of the SPS Agreement and which may affect international trade. Any working definition of private standards must therefore be in line, and not 
conflict, with the definitions that have already been agreed, while remaining faithful to the 
mandate and the vocabulary (the terms "non-governmental entity" and "requirements") used in the SPS Committee Decision (document G/SPS/55). 
9.  Argentina thus considers that the only proposed definition that would be consistent with the 
definitions of the OIE and the FAO/WHO Codex Alimentarius Commission, as well as with the 
mandate conferred upon the SPS Committee pursuant to the Decision contained in document G/SPS/55, is the one set out in document G/SP S/W/272 of 8 October 2013, with the amendment 
that a private standard could also consist of a requirement. Document G/SPS/W/276 does not add 
anything new in respect of the definiti on contained in document G/SPS/W/272. 
10.  Argentina also wishes to comment on the report of the co-stewards of the e-Working Group on 
Private Standards (document G/SPS/W/283). 
11.  The most recent report of the co-stewards of  the e-Working Group (e-WG) states that the 
e-WG has reached an impasse with the terms "r equirement" and "non-governmental entity". 
12.  Argentina would like to point out that the term "written" is also cause for concern, since a 
possible type of private standard would be ruled out were standards that do not exist in written 
form to be excluded. It is common knowledge that requirements, including those resulting from customary practices or customs, may be written or unwritten. 
13.  Furthermore, the decisions and recommendations  already adopted by the Dispute Settlement 
Body (DSB) have clarified that measures, both written and unwritten, may be the subject of a 
dispute before the DSB. This is one of the reasons why Argentina supports the definition contained 
in document G/SPS/W/272. This point should therefore be included in the report of the 
co-stewards as one of the issues on which di vergent views exist (paragraph 21 of document 
G/SPS/W/283). 
14.  Argentina submits this communication mindful of possible future developments with regard to 
this issue in the WTO Dispute Settlement Body. 
15.  In view of the foregoing, Argentina hereby places its concerns on record and encourages the 
Committee to give due consideration to existing consensus positions in order to secure a definition 
of private standards as soon as possible. 
__________