G/SPS/GEN/1438  
 
22 September 2015  
(15-4869)  Page: 1/3  
Committee on Sanitary and Phytosanitary Measures  Original: English/French/Spanish  
 
64TH MEETING OF THE SPS COMMITTEE 
INFORMATION PAPER - OIE STANDARDS AND RECENT WTO DISPUTES 
Communication from the World Organisation for Animal Health (OIE) 
The following communication, received on 11 Septem ber 2015, is being circulated at the request 
of the OIE. 
_______________ 
 
 The OIE standards, guidelines and procedures featured in two recent WTO disputes concerning trade restrictions arising from measures to preven t the introduction of animal diseases. In both 
cases, the OIE provided written responses to questi ons submitted to it by the Panel. As this matter 
is topical, the OIE decided to provide an update to the Committee on the OIE standards and related procedures. 
The first of these two WTO cases, WT/DS430 (India - Measures Concerning the Importation of 
Certain Agricultural Products) has been finalised and the reports are on the WTO website. In the second case, WT/DS447 (United States – measures affecting the importation of animals, meat and 
other animal products from Argentina) the Panel report was adopted on 31 August 2015. In both 
cases it was alleged that the importing country had failed to base certain sanitary measures on relevant OIE standards and that related import restrictions were, as a consequence, inconsistent with certain articles of the SPS Agreement. 
The recommendations in the OIE Terrestrial Animal Health Code  (Terrestrial Code ) were centrally 
relevant to these two disputes. The Terrestrial Code  sets out risk-based measures, based on 
current science, to prevent the introduction of  animal diseases and zoonoses. The correct 
application of the OIE's science-based standards helps to facilitate safe trade and to avoid 
unjustifiable trade barriers. With this in mind, the OIE encourages member countries to implement the adopted standards and to participate in their development and subsequent updates or 
revisions. The OIE welcomes the opportunity to provide advice to Panels and to this Committee, 
consistent with the organisation's role as one of the "Three Sisters" referenced in the SPS Agreement. 
1  SCIENTIFIC FOUNDATION OF THE OIE STANDARDS 
1.1.  The OIE standards are based on science and sound risk management principles and are 
developed or updated whenever necessary to take account of new scientific information. The OIE's scientific infrastructure includes a global networ k of reference centres comprising internationally 
renowned experts on animal diseases and related fields. For example: the OIE has recognised 
Reference Laboratories on avian influenza (AI) in nine countries, as geographically diverse as Australia, China, India, Italy and Japan. The OIE calls upon the broadest possible range of 
scientific expertise. In keeping with the "One Heal th" concept, the OIE collaborates with experts in 
the field of human medicine, for example, throug h the Global Early Warning System for Animal 
Disease including Zoonoses (GLEWS), a joint initiative of the OIE, FAO and WHO, as well as the "One Health" tripartite Agreement with the same United Nation Bodies. In establishing these 
scientific networks, the OIE member countries are giving effect to the principle that countries must 
act transparently and collaboratively to prevent disease. These global networks are the scientific foundation of OIE standards and guidelines. G/SPS/GEN/1438 
 
- 2 - 
 
  2  THE RELEVANCE OF THE OIE STANDARDS TO MEMBER COUNTRIES 
2.1.  In addition to their scientific foundation, the relevance of the OIE standards is assured by a 
thorough process of review by member countries. Under the established OIE procedures, new standards and significant revisions of established standards are distributed to member countries 
for comment twice annually during a two-year period (i.e. up to four times in total). The OIE 
elected Commissions review the experts' recommendations not only on the basis of science but also in the light of comments from member countries. In practice, by using their own national 
expert network and consulting with national stakeholders, the governmental Veterinary Authority 
of each country is the main contributor of comments on standards, but private sector organisations, academia and civil society also participate in topics of interest to them. 
3  A TRANSPARENT AND DEMOCRATIC PROCESS 
3.1.  The reports of the elected Commissions and the expert groups that report to them are 
published in full on the OIE webpage, where the Commissions explain their consideration of comments on draft and revised standards.
1 The adoption of OIE standards follows a rules-based 
procedure that gives responsibility to the national Delegate (normally, the head of the national 
Veterinary Authority) who is nominated by the Government of each member country thus establishing a unique procedure that underpins the intergovernmental status of OIE standards. 
Each country has a single vote. Delegates have the option to abstain or vote against the adoption 
of a standard but, in practice, voting is rarely used and the majority of standards are adopted by 
consensus. In the rare instance when a voting procedure is used, adoption is achieved through a 2/3 majority. 
4  PROMOTING ACCESS TO SCIENTIFIC INFORMATION AND PROVISION OF GUIDANCE 
ON OIE STANDARDS IMPLEMENTATION 
4.1.  In addition to using the latest scienti fic knowledge as a basis for standards, the OIE 
disseminates scientific information by publishing reports on animal diseases and their control 
methods; as well as risk management. These publications are not standards and they do not follow the procedures outlined above; however, they ar e the subject of extensiv e research and scientific 
peer review. One such key publication is the OIE Handbook on Import Risk Analysis for Animals 
and Animal Products . In addition, the OIE Scientific and Technical Review  is a highly respected 
international publication. This contains many articles relevant to the standards, for example an article published in the Review in December 2014: "The Scientific Rationale for the OIE standards 
and recommendations on avian influenza", which explains how the AI standards have evolved in 
response to scientific progress. 
4.2.  The OIE also publishes and updates guidelines  on the application of the standards. Relevant 
documents that are available on the OIE webpage include: 
 "Procedures used by the OIE to set standards and recommendations for international 
trade, with a focus on the Terrestrial  and Aquatic Animal Health Codes "; 
 "The Legal rights and Obligations of OIE member countries in the WTO Context"; and 
 "Facilitating safe trade: how to use the Terrestrial Code  to set health measures for trade in 
terrestrial animals and products".
2 
5  THE OIE STANDARDS AND ARTICLE 6 OF THE SPS AGREEMENT – REGIONALISATION 
5.1.  Both of the aforementioned WTO cases cons idered the topic of regionalisation and, as a 
result, some valuable new guidance has become available to WTO Members. The OIE has focused on the issue of regionalisation for a number of years.  In this context, it is important to note that 
disease prevention and control, including the setting of trade measures, must always be based on 
effective surveillance for animal diseases and early reporting to the OIE. The OIE standards provide detailed guidance on how to achieve thes e key objectives. Since the founding of the WTO, 
the OIE has continued to develop standards and guidance on regionalisation, in terms of 
compartmentalisation and zoning, which are distinct but related applications of this important SPS principle. 
                                               
1 http://www.oie.int/en/international-standard-setting/specialists-commissions-groups/ . 
2 http://www.oie.int/en/international-standard-setting/overview/ . G/SPS/GEN/1438 
 
- 3 - 
 
  6  INVOLVEMENT OF DEVELOPING COUNTRIES  
6.1.  It is crucially important to support developing countries in their capacity to participate in 
standards development, including the application of risk analysis and other strategies for the prevention and control of animal diseases. The failu re of one country to control diseases threatens 
an entire region and, through globalisation, the entire world.  
6.2.  More than half of the OIE's 180 member countries may be classified as developing or least 
developed countries. The OIE employs several initiatives to help these countries to become 
involved in standard setting and to implement th e adopted standards. To this end, the OIE has, 
among others, implemented the PVS (Performance of Veterinary Services) Pathway, working in 
partnership with international donors to improve governance and technical capacities of the national Veterinary Services. Approximately 250 PVS Pathway missions have been carried out at 
the request of more than 130 member countries to date. As a result of these initiatives we are 
seeing increasingly active participation of developing countries in OIE standard setting as well as regional coordination between the countries. 
7  CONCLUSIONS 
7.1.  Consistent with its role as a reference standard setting organisation to the WTO, the OIE 
places great importance on the scientific excellen ce, integrity and transparency of its standard 
setting procedures. Standards are based on the most up-to-date scientific knowledge with 
participation of internationally renowned experts from the entire world. Member countries, the global scientific community and interested private and public sector organisations are all engaged in the development of these standards. There is an ongoing emphasis on the active participation of 
developing countries. 
7.2.  Correct application of the OIE standards helps to facilitate safe trade and to avoid the 
imposition of unjustifiable trade barriers. 
 
__________