G/SPS/W/302  
 
11 June 2018  
(18-3620) Page: 1/2 
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  
The following communication, received on 11 June 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 1 June 2018.  
1.2.  Canada respectfully submits a proposal for consideration by the Committee for a workshop or 
thema tic 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 
exami nes the obligations in Article 4 of the SPS Agreement and the guidance provided in  the 
Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary and 
Phytosani tary 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 equival ence and indicates that 
Members should provide the Committee with information on their experience regarding the 
implementation  of Article 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 review the obligations as they relate to equival ence und er 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 and the relevant findings.  
1.6.  Members have undertaken signif icant 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 
process o f maintaining equivalence, and how historic knowledge of and confidence in another 
Member’s competent authority can be considered in the recognition of equivalence.  G/SPS/W/302  
 
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  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 s tandards, 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 Members of the 
guidance that is developed.  
1.1  Codex  
1.8.  Since 199 9, 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 Inspection and Certification Systems  (CAC/GL 34 -1999), Guideli nes 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 Inspect ion 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.  Additionally, in 2017, Codex approved new work to develop Guidan ce 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 Inspect ion and Certification Systems.  
1.2  IPPC  
1.10.   The IPPC developed the following standard relativ e to equivalence, ISPM 24 (2005) 
Guidelines for the determination and recognition of equivale nce of phytosanitary measures . 
1.11.   The Implementation Review and Support System of the IPPC released A Review of the 
Application of Equivalence Between Phytosanitary M easures 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 review also identifies 
gaps in available information and  challenges faced by implementing contracting parti es. 
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 Agreement on the Application of Sanitary and 
Phytosanitary Mea sures of the World Trade Organiz ation. This chapter outlines the general 
considerations on the determination of the equivalence of sanitary measures, prerequisite 
considerations for the determination of equivalence, principles for determination of equivale nce, 
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 workshop or thematic session has, to Canada’s recollection, n ever 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 and 
Implementation of the Agreement on the Application o f 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 useful 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 jurisprudence relating to Article 4 in decisions of 
the D ispute Settlement Body; the work of the ISSBs on developing international standards, 
guidelines and recommendations referring or relating to equivalence; Members’ experience 
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.  
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