RESTRICTED  WORLD TRADE  
ORGANIZATION  G/SPS/R/56 
28 January 2010 
 (10-0381) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
SUMMARY OF THE MEETING OF 28-29 OCTOBER 2009 
 
Note by the Secretariat
1 
 
Table of Contents  
 
Page  
I. ADOPTION OF THE AGENDA.............................................................................................3  
II. ACTIVITIES OF MEMBERS.................................................................................................3  
III. SPECIFIC TRADE CONCERNS ...........................................................................................5  
(a) New Issues ..................................................................................................................... .............5  
(b) Issues Previous ly Raised....................................................................................................... ......7  
(c) Consideration of Specific Notifications Received ....................................................................13  
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.9 ..............................................13  
IV. OPERATION OF TRANSPARENCY PROVISIONS........................................................13  
(a) Overview of the Operation of Transparency Procedures..........................................................13  
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT ................15  
(a) Chairperson's Report on Informal Meeting...............................................................................15  
VI. EQUIVALENCE -- ARTICLE 4...........................................................................................15  
(a) Information from Members on their Experiences.....................................................................15  
(b) Information from Relevant  Observer Organizations ................................................................15  
VII. PEST– OR DISEASE-FREE AREAS...................................................................................15  
(a) Information from Members on their Pest or Disease Status .....................................................15  
(b) Information from Members on their Experiences.....................................................................16  
(c) Information from Relevant  Observer Organizations ................................................................16  
VIII.  TECHNICAL ASSISTANCE AND COOPERATION .......................................................17  
(a) Information from the Secretariat............................................................................................... 17 
(b) Information from Members....................................................................................................... 18 
(c) Information from Observers ..................................................................................................... 19 
IX. REVIEW OF THE OPERATION AND IMPLEMENTATION OF THE SPS 
AGREEMENT ...................................................................................................................... ..20 
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their rights or obligations under the WTO. G/SPS/R/56 
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  (a)
 Issues Arising from the Second Review ...................................................................................20  
(b) Third Review ................................................................................................................... .........23  
X. MONITORING ON THE USE OF  INTERNATIONAL STANDARDS...........................25  
(a) New Issues ..................................................................................................................... ...........25  
(b) Issues Previous ly Raised....................................................................................................... ....26  
XI. CONCERNS WITH PRIVATE AN D COMMERCIAL STANDARDS............................27  
(a) Report on Chairperson's Consultations.....................................................................................27  
XII. TRANSITIONAL REVIEW UNDER PARAGRAPH 18 OF THE PROTOCOL 
OF ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA......................................30  
XIII.  MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS ................................................................................................................32  
XIV.  REQUESTS FOR OBSERVER STATUS ............................................................................34  
XV. CHAIRPERSON'S ANNUAL REPORT TO THE COUNCIL FOR TRADE IN 
GOODS (G/L/897) ................................................................................................................ ..34 
XVI.  OTHER BUSINESS................................................................................................................3 4 
XVII.  DATE AND AGENDA FOR NEXT MEETING..................................................................35  
  G/SPS/R/56 
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  I. ADOPTION OF THE AGENDA 
1. The Committee on Sanitary and Phytosanitary Measures (the "Committee") held its forty-
sixth regular meeting on 28-29 October 2009.  The pr oposed agenda for the meeting was adopted with 
amendments (WTO/AIR/3460). 
II. ACTIVITIES OF MEMBERS 
2. The representative of Zambia reported on a number of activities related to its pest survey 
programme which is further detailed in documen t G/SPS/GEN/965.  A workshop sponsored by the 
Southern African Confederation of Agriculture Unions was conducted in collaboration with the 
Zambia National Farmers Union to inform Zambia n farmers on SPS matters and their importance.  
The Zambia Agriculture Research Institute had emba rked on a training prog ramme regarding fruit fly 
for provincial trainers in the Ministry of Ag riculture and Cooperatives (MACO).  Concerning 
American Foulbrood disease in bees, a survey had been done, samples collected and the laboratory 
results were pending.  MACO was working in collabo ration with the Zambia Honey Council to ensure 
that quality honey was produced.  With regard to Potato Cyst Nematode (PCN), a survey was 
conducted yearly on all farms growing potato seed imported from South Africa, and there were no 
indications that PCN was present in Zambia.  A survey was underway for Banana Bunchy-Top Virus 
in all major banana growing areas.  The pest had been found in the Southern and the Copperbelt areas 
and the Plant Quarantine and Phytosanitary Services we re working with the private sector in an effort 
to control the pest. 
3. The representative of Argentina stated that Huanglongbing (HLB), also known as Yellow 
Dragon Disease, had not been found in Argentin a.  However, one of its vector insects ( catarina 
chiricuayama ) had been found in many of the citrus gr owing provinces.  The potential for economic 
damages, should HLB enter Argentina, was very hi gh.  Due to this, a National Prevention Programme 
for HLB was created with four operational compone nts:  inspection;  monitoring;  research and 
development;  and training, dissemination, coordi nation and follow up.  Argentina subsequently 
circulated a document with the complete text of  the resolution that created the programme and a 
detailed description of each of the components (G/SPS/GEN/987). 
4. The representative of China reported on its comp rehensive regulatory system for the export of 
poultry and poultry products, an important legal in frastructure specifically aimed at ensuring the 
safety of export poultry and poultry products.  The new Food Safety Law, implemented as of 1 June 2009, clearly specified the responsibilities of  different ministries involved in food safety, and 
established a license system for food production and marketing.  A poultry farm must submit an 
application to the Ministry of Agriculture (MOA) for certification of the condition of animal epidemic 
prevention.  A poultry farm can launch its business only after certification by MOA.  If poultry farms 
and poultry processing factories want to export thei r products, they have to subsequently apply for 
registration by the General Administration of Qua lity Supervision Inspection and Quarantine of China 
(AQSIQ).  Only the raw materials of registered farms are allowed to be used to produce export 
poultry or poultry pr oducts, and only registered poultry proc essing factories are eligible to get 
involved in poultry exportation.  Based on this license system, AQSIQ further implemented an in-
factory inspection and quarantine administrative model by sending officials to poultry exporting 
enterprises to provide daily supervision of regist ered poultry farms and poultry processing factories, 
particularly to monitor for animal diseases and re sidues of pesticides and veterinary medicines.  
AQSIQ also provided guidance to poultry exporting en terprises in adopting internationally recognized 
safety and environmental management systems.  A credit system had been created for poultry 
exporting enterprises where red and black lists of na mes were updated regularly .  More details on the 
farm-to-fork regulatory system to ensure the safety of Chinese export poultry and poultry products 
can be found in G/SPS/GEN/985. G/SPS/R/56 
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  5. The representative of the United States provided information on the Food and Drug 
Administration (FDA) Reportable Food Registry (RFR ).  The RFR is intended to provide a reliable 
mechanism to track patterns of adulteration in food in order to target inspections to protect public 
health.  The registry was developed in response to  the FDA Amendments Act of 2007.  The electronic 
portal opened on 8 September 2009.  Domestic and foreign facilities that manufacture, process, pack, 
or hold food for human or animal consumption in the United States should be registered under 
Section 415(a) of the Food Drug and Cosmetics Act.  Such facilities are required to report via the 
RFR within 24 hours if they find a reasonable probability that the use of, or exposure to, an article of food will cause serious adverse health consequences or  death to humans or animals.  The RFR applies 
to all FDA-regulated categories of food and food pr oducts, including animal feed and pet food, with 
the exception of infant formula and dietary supplem ents.  Poultry and some egg products that are 
exclusively regulated by the US Department of Agriculture are also exempt.  The information 
obtained through the RFR is assessed and shared with fe deral, state and local public health officials. 
6. The representative of Ecuador reported that it ha d consolidated the Integrated System of 
Agricultural, Quality and Food Safety (SISCAL) as the institution in charge of the coordination and 
sectoral articulation of the entities involved in activ ities related to food safety, agriculture and quality 
(G/SPS/GEN/982.  As a part of this process, the official service of Ecuador, AGROCALIDAD, had been strengthened, with the hiring of 85 techni cal experts.  AGROCALIDAD was preparing 80 
procedural manuals and administrativ e, financial and technical protocol s for its various departments.  
Ecuador's National Notification Authority and Enquiry Point was within the Ministry of International 
Trade and Foreign Affairs, with full time staff for its administration and follow-up of SPS related 
issues, in coordination with AGROCALIDAD and the private sector.  A new unit on international 
relations was being established to improve and optimize the participa tion of Ecuador in international 
fora where SPS issues are discussed.  The national C odex Alimentarius System was being validated to 
facilitate and make more flexible the activ ities taken in relation to Codex standards. 
7. The representative of Belize reported that her government had sound assistance from the 
Inter-American Development Bank in  January 2009 to increase the co mpetitiveness of its agricultural 
products in the international market.  Belize want ed to expand its export base by focusing on two 
main areas:  research and development, and further strengthening of national sanitary and 
phytosanitary capacity.  A series of strategic pla nning sessions had been held with stakeholders in 
May and June 2009 in the areas of plant and animal health and food safety to identify what the focus 
of the project should be in order to achieve the desired objectives.  The first disbursement for the 
project was expected in December 2009. 
8. The representative of Australia provided an  update on the implementation of the 
recommendations of the review of Australia's quarantine and biosecurity system.  Australia was reforming its biosecurity system, as recommended in the Beale review.  In order to make many of the improvements recommended in the report, new legisla tion was required.  A draft of this legislation 
would be released for public comment prior to its sch eduled introduction into Parliament in 2010.  A 
number of interim institutional reforms came into effect on 1 July 2009 to strengthen Australia's 
biosecurity operations.  The establishment of a ne w Biosecurity Advisory Council was scheduled for 
later in 2009. 
9. The representative of Australia also announ ced a change to the 2001 policy on BSE, 
following a review of the policy.  The change woul d take effect on 1 March 2010, and will allow for 
countries that have had one or more cases of BSE to apply for assessment fo r possible access to the 
Australian market.  Countries with existing access w ould have to apply for assessment under the new 
policy by 30 June 2011.  These changes had been notified in G/SPS/N/AUS/239, with a deadline for 
comments of 25 December 2009.  G/SPS/R/56 
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  10. The representative of Namibia reported on the establishment of a National Committee on 
SPS.  The committee is comprised of public and priv ate institutions that are responsible for animal 
health, plant health and food safety regulations and related matters.  One objective of the committee is 
to enhance Namibia's implementation of the SPS Ag reement and its participation at the WTO SPS 
Committee.  One of the challenges faced in creatin g the committee was that so me of the institutions 
were not well informed on the SPS Agreement, which made it difficult to get the relevant officials to 
serve on the technical committees.  Namibia hoped to  learn from experiences of other Members which 
had gone through a similar process, particularly with regards to the composition, structure and operation of their national SPS coordinating committees. 
III. SPECIFIC TRADE CONCERNS 
(a) New Issues 
(i) US Import Restrictions on Fresh Pork Meat and Beef – Concerns of Brazil 
11. The representative of Brazil raised concerns regarding US import restrictions on fresh pork, 
beef and beef products from Brazil.  Brazil had requested the US authorities to begin a risk 
assessment on beef products in 1999, but despite bila teral exchanges of information for a decade, the 
risk assessment had still not been finished.  In January 2009, the United States had informed Brazil 
that it was giving full attention to the issue of Braz ilian beef, but Brazil was still waiting for the result 
of the risk assessment process. 
12. Regarding pork, in 2006 Brazil had been informed that their national inspection system was 
eligible for consideration under the risk ass essment process due to its well-known safety and 
biosecurity standards.  In 2007, Brazil requested acc ess for the state of Santa Catarina, since it is an 
FMD-free zone without vaccination, as recognized by the OIE in 2007.  All technical information was 
forwarded to the US authorities in 2007.  At th e beginning of 2009, Brazil was informed of the 
conclusion of the risk analysis technical process a nd approved the working plan for pork meat.  Since 
then, Brazil has been waiting for the publication of the proposed rule.  According to the US 
legislation, however, after the publication of the pr oposed rule, effective mark et access can still take 
from 18 months to two years.  This unjustifiable ad ministrative delays had motivated Brazil to raise a 
specific trade concern on the matter in April 2008,  as it was important to have a predictable and 
reliable timetable for the conclusion of the risk analysis process. 
13. The representative of the United States stated th at the risk evaluations were completed and 
USDA was currently drafting a proposed rule to rec ognize Santa Catarina as eligible to ship pork to 
the United States.  Regarding beef, the United States  was working to complete the review of the FMD 
risk mitigation measures.  The United States rec ognized the importance of the request and would 
continue to work closely with Brazil to complete  the rulemaking processes for fresh pork and beef as 
expeditiously as possible. 
(ii) Indonesia's Import Restrictions on Poultry Meat – Concerns of Brazil 
14. The representative of Brazil raised concerns a bout restrictions on Brazilian poultry meat due 
to Indonesian legislation that was not in accordance  with international sta ndards.  Although Indonesia 
claimed to accept the principle of regionalization,  it had not presented any sanitary reasons for the 
restrictions on Brazilian poultry meat.  Throughout 2009, Brazil and Indonesi a had consulted on this 
trade barrier and Brazil had provided information showing that its poultry meat and by-products 
complied with the relevant international standard s and even with Indonesia's regulations.  Brazil 
requested the sanitary justification for the restri ctions, or that the restrictions be lifted. G/SPS/R/56 
Page 6  
 
  15. The representative of Indonesia expressed his authorities willingness to have bilateral 
meetings with Brazil to find solutions on the issue. 
(iii) South Africa's Import Restrictions on Fresh Pork Meat and Beef – Concerns of Brazil 
16. The representative of Brazil reported that sin ce 2006 Brazil had been exchanging information 
with South African authorities regarding restricti ons on pork and beef products from Brazil.  Three 
round of questions had been asked, and three sanita ry negotiating missions had been sent to South 
Africa.  South Africa had not provided any final results  of its risk analysis on beef and pork.  Brazil 
requested more conclusive information on the risk analysis processes that had been carried out, since 
Brazil fulfilled the requirements established by the OIE. 
17. The representative of South Africa confirmed that  a number of interactions had taken place 
with regards to the import of pork and beef into S outh Africa, most recently in July 2009.  However, 
there were still some issues that required clarificati on with regards to the import of pork.  The import 
of matured de-boned beef should be a pproved pending agreement on certificates. 
(iv) Ukraine Import Measures on Animals and Anim al Products – Concerns of the European 
Communities
2 
18. The representative of the European Communitie s raised concerns with regards to the 
imposition of an inspection requirement on all estab lishments wanting to continue exporting a wide 
range of animals and animal pr oducts to Ukraine.  There was no justification for the sudden 
introduction of such comprehensive inspections.  The European Communities questioned the scope, 
range of products covere d and how the inspections would be carri ed out.  Assurance was needed that 
trade would not be unjustifiably and unnecessarily disrupted.  The measure would take effect on 
14 January 2010, and the Ukraine should clarify that if it had not completed inspections by 14 January 
this would not result in the rejection of goods, as ha d been stated in bilate ral meetings with the 
Ukraine Veterinary Services.  The European Co mmunities requested the postponement of the entry 
into force of the measure. 
19. The representatives of Canada, Iceland, Norw ay and the United States expressed similar 
concerns with respect to Ukraine's new import co nditions on animal products.  They indicated that 
their respective authorities had submitted comme nts to Ukraine regarding the new measure. 
20. The representative of Ukraine st ated that the measure was intended to protect health and 
safety within the territory of Ukraine.  Ukraine would take note of the concerns raised and the 
comments that had been received during the comme nt period for the original notification.  
Notification G/SPS/N/UKR/3/Rev.1/Corr.1 had been distributed to WTO Members with a deadline 
for comments of 30 November 2009.  Ukraine aut horities had been in contact with the concerned 
Members and remained willing to further rectify and revise the text of the measure so that it provided more legal certainty and comfort for trading partners. 
(v) US Measures on Catfish – Concerns of China 
21. The representative of China raised concerns a bout the US Federal Meat Inspection Act which 
potentially could have a significant impact on the intern ational trade of catfish.  According to the Act, 
                                                     
 
2 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisb on, 13 December 2007) en tered into force.  On 
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the Eu ropean Union and 
the Commission of the European Communi ties stating that, by virtue of the Treaty of Lisbon, as of 1 December 
2009, the European Union replaces an d succeeds the European Community.  G/SPS/R/56 
 Page 7 
 
 
  regulatory responsibility for catfish was shifted from the FDA to USDA.  USDA was mandated to 
draft a series of rules concerning the production an d inspection requirements for catfish before the 
beginning of 2010;  countries wanting to export or to continue exporting catfish to the United States were required to have their inspection system re cognized by the USDA as equivalent to the US 
system.  China had serious concerns about the possi ble negative impact this change of the regulatory 
system could have on the current catfish trade.  Ch ina requested an explanation of the sudden change 
of the regulatory system, and whether any SPS risk  factors had triggered the decision.  China also 
questioned whether the US policy would remain consiste nt in order to avoid any adverse effect to the 
existing trade of catfish, and whether the existing trade between China and the United States would be taken into consideration when developing the new regulatory system. 
22. The representative of the United States stated that the Food Conservation and Energy Act of 
2008, signed into law on 18 June 2008, amended th e Federal Meat Inspection Act and required 
USDA's Food Safety Inspection Service (FSIS)  to establish a new federal programme for the 
production and inspection of catfish.  In preparati on of the anticipated federal regulations, USDA had 
visited and communicated with many Members to alert them to the new law.  Members were 
encouraged to participate in the rule-maki ng process once it was announced and notified via the 
WTO, and to identify any potential concerns with the proposed regulation as soon as possible. 
(b) Issues Previously Raised 
(i) Import Restrictions Relating to Influenza A/ H1N1 (STC 212) – Concerns of Mexico, Canada, 
the European Communities and the United States 
23. The representative of Mexico ra ised concerns that various Me mbers, including China, Gabon, 
Indonesia and Jordan, continued to maintain unjus tified restrictions on pork products due to the 
Influenza A/H1N1 virus occurrence in humans in Mexico in April 2009.  In May 2009, Mexico had 
presented a document (G/SPS/GEN/921) with informa tion on the control actions, the characteristics 
of the virus, and its form of propagation.  Mexico  had taken timely and effective measures to contain 
the virus and its spread to the rest of the worl d, yet measures had been taken against Mexican pork 
products without legal or scientific basis.  Mexico requested trading partners  imposing such measures 
to immediately withdraw these unnecessary trade barr iers.  Influenza A/H1N1 had not been detected 
in swine or poultry from Mexico, but only in humans.  The OIE, WHO and FAO had made it clear that the risk of being infected by Influenza A/H1N1 through the consumption of pork meat was 
regarded as inexistent.  Mexico stressed the need  for these international organizations, specially the 
OIE, to accelerate research and available scientific in formation on the risk of propagation of Influenza 
A/H1N1 from humans to animals and vice versa.  Mexico expressed appreciation to those Members 
that had fully supported Mexico during the global pa ndemic and to Members that had fully withdrawn 
previously imposed trade restrictions. 
24. The representative of Canada recalled that W HO has declared a human influenza pandemic, 
and that managing the public health impacts of this  outbreak was critical.  The trade measures adopted 
by several WTO Members on swine, pork and pork pr oducts in response to the H1N1 influenza virus 
were without any scientific basis.  The safet y of pork meat was based on global evidence and 
supported by statements from FAO, OIE and WHO;  detection of the pandemic H1N1 strain in 
animals was not contributing to the global human pa ndemic.  Canada thanked those trading partners 
that had removed restrictions on imports from Canada, and expressed disappointment that other trading partners continued to maintain restrictions. 
25. The representative from the European Communities stated that EC authorities continued to 
monitor closely the Influenza A/H1N1 virus incident  in humans to ensure a high level of awareness in 
the veterinary and producing community, and to e ffectively monitor the animal population.  The 
European Communities had an adequate surveillan ce plan in place should any outbreak occur.  A G/SPS/R/56 
Page 8  
 
  statement from the OIE made it clear that the impos ition of measures related to the import of pig and 
pig products from countries with human or anim al cases was pointless and did not comply with 
international standards of the OIE and other co mpetent international bodies.  Despite the clear 
statements by the international organizations, sev eral Members continued to impose unjustified bans 
or other unnecessary measures on pigs and pig meat from EC member States.  Such trade measures 
did not address the real challenge, which was the transmission of the virus between humans. 
26. The representative of the United States supporte d the interventions of Mexico, Canada and 
the European Communities.  While some Members had lifted their bans  on live swine, pork and pork 
products, they had instead imposed burdensome requi rements without scientific justification.  US 
agricultural products, including pork and live swine, we re safe and trade restrictions on such products 
to prevent the spread of influenza were not supp orted by scientific evidence, nor recommended by the 
international public health, food safety and animal  health bodies.  The United States urged all WTO 
Members to comply with their WTO obligations and to follow the advice of the relevant international 
organizations not to impose any H1N1 related bans, or testing requirements, and to rescind those bans 
currently in place, so that trade in pork a nd pork products was not unnecessarily disrupted. 
27. The representative of Austra lia, Brazil, Chile, Japan and New Zealand supported the 
interventions of Mexico, Canada, the Eu ropean Communities and the United States. 
28. The representative of Ghana requested that fu rther information on Influenza A/H1N1 be 
released in order to stem public concern.  He noted that many developing countries put up trade 
restrictive measures in response to  the public reaction to the pandemic, and that most of these 
countries did not have the capacity to do a proper risk analysis of the pandemic. 
29. The representative of the OIE stated that Influenza virus A/H1N1 was being spread 
effectively from human-to-human, but that it was impor tant to maintain surveillance in animals.  The 
OIE encouraged Members to report cases of H1N1 found in swine associated with the human disease, 
and recalled that trade in pork and pork meat produc ts did not represent any risk.  The OIE also stated 
it would continue to monitor the event, in cooperation with other organizations. 
30. The Secretariat acknowledged that for some WT O Members, especially developing countries, 
it was not easy to identify where to obtain inform ation when a situation like the pandemic H1N1 
arose.  The Secretariat pointed out the usefulness of bringing th is kind of information to the 
Committee.  Regarding the pandemic H1N1, intern ational organizations including WHO, FAO and 
OIE had provided information to the public through sever al joint statements.  From the early stages of 
the pandemic, the international organizations clarif ied that there was no justification for measures to 
restrict trade.  Due to concerns about impli cations the pandemic could have on trade, WTO had 
decided to join one of the statements.  Finally, the Se cretariat pointed out the need to consider ways to 
ensure that in this kind of situation informa tion was easily accessible to the public and to the 
authorities. 
31. The representative of China stated that followi ng the outbreak of Influenza A/H1N1 in April 
2009, China had adopted an emergency provisional measure to prevent the introduction of the virus 
into the country.  The measure, notified to WTO,  was in line with the SPS Agreement, especially 
Article 5.7, and other principles of the Agreement ha d also been respected by applying regionalization 
treatment to affected countries and regions, and lifting the ban on cooked pork products based on 
available scientific information, ensuring the measure was the least trade restrictive.  China was aware 
of the concerns on the issue and was actively seek ing additional information for a more objective 
assessment of the risk.  China welcomed any input or scientific research that could help finalize the 
assessment.  China would reconsider its provision al measure according to the conclusion of the 
assessment and would inform its trading partners of any changes.  G/SPS/R/56 
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  32. The representative of Jordan stated  that the suspension of imports of swine products had been 
lifted.  The concerns of Members regarding the temporary suspension of imports of live swine had 
been included on the agenda of the technical sta ndards committee of the Ministry of Agriculture for 
the purpose of revising the measure. 
(ii) China's Hygienic Standard for Distilled Spi rits and Integrated Alcoholic Beverages, 
G/SPS/N/CHN/111 (STC 278) – Concerns of Mexico 
33. The representative of Mexico stated that the Federal Commission for Prevention of Sanitary 
Risks of the Ministry of Health, as well as the na tional tequila industry, had submitted comments on 
China's standard in September 2009.  In addition, a risk analysis had been submitted on the content of 
ethanol in tequila.  Bilateral m eetings had taken place on the margins of the Committee meeting and 
useful information had been obtained for the re view of the standard.  Mexico reiterated its 
commitment to work jointly with China on the issue. 
34. The representative of China confirmed the re ception of comments and supporting materials 
from Mexico.  China was aware of the particularity  of the processing techniques of tequila.  Chinese 
experts were currently reviewing comments from different stakeholders, and the comments and 
suggestions from Mexico would be taken into consideration in the review of the standard. 
(iii) Mexico's Restrictions on Imports of Swine Meat, Lack of Recognition of the Disease-Free 
Status for Certain Regions of Brazil and the Lack  of Response to Brazil's Request for the Use 
of the Chairperson's Good Offices (STC 271) – Concerns of Brazil 
35. The representative of Brazil stated that Brazil's pork had been facing serious restrictions to the 
Mexican market since 2006.  In 2008, Brazil raised a specific trade concern with regards to Mexico's 
position to not recognize the sanitary status of  Santa Catarina as an FMD free zone without 
vaccination, although the OIE had recognized this status in 2007 and the recommendation had been 
followed by various Members.  Mexico's lack of recognition had resulted in import restrictions for 
Santa Catarina's pork exports.  Brazil had tried with out success to resolve the issue through bilateral 
discussions, and had proposed the use of the good offices of the SPS Committee chair.  Mexico has 
not responded to this proposal.  In July 2009, Braz il had received a new request from Mexico for very 
extensive information, much of which had already been previously provided.  Brazil hoped that the 
new questionnaire was not a means to delay the opening of the Mexican market, and looked forward to Mexico's agreement to use the Chairperson's good offices. 
36. The representative of Mexico st ated that on 3 July 2009, three questionnaires were submitted 
to the Veterinary Services of Brazil regarding th e import of beef, poultry and pork;  however Brazil 
had not provided any response to the questionnaires.  On 20 July 2009, Mexico, through SENASICA, 
sent remarks relating to Brazil's toxic residues programme but no response had been received.  
Mexico was willing to continue bilateral discussions  on the matter, and encouraged Brazil to provide 
the requested additional information n eeded to work further on the issue. 
(iv) US Import Restrictions on Cooked Poultry Products (STC 256 ) – Concerns of China 
37. The representative of China recalled this specific trade concern related to US import 
restrictions on cooked poultry products was first rai sed in 2007, and had been raised again several 
times.  The United States had modified the releva nt clauses of the Omnibus Appropriations Act 2009, 
and the newly adopted Agriculture Appropriation Ac t of 2010, allowed imports of processed poultry 
or poultry products from China only if certain criter ia were met.  The criteria included audits of 
inspection systems and onsite re views of slaughter and processing facilities, laboratories and other 
control operations;  a significantly increased level of port of entry re-inspection;  and the creation of G/SPS/R/56 
Page 10  
 
  an information-sharing programme with other count ries.  While China noted the progress on the issue, 
the new measures were discriminatory as they specified conditions applicable only to China. 
38. The representative of China further stated  that the planned auditing and inspection 
requirements were excessively stringent and the ce rtifying procedure was complicated.  Additionally, 
the new provision ignored the agreement reached  in 2007 between the United States and China on 
relevant technical issues concerning the import of poultry and poultry products from China, and the 
achievements China had made on developing disease-fre e areas in accordance with OIE standards.  
China requested the United States to fulfil its WTO ob ligations and to take active steps to eliminate 
discriminatory measures and norm alize bilateral poultry trade. 
39. The representative of the United States stated that her government placed great importance on 
ensuring that its measures were based on science and in compliance with the WTO SPS Agreement.  
The Agriculture Appropriations legislati on approved in 2009 perm itted USDA to make a 
determination with respect to China's application to export poultry products to the United States, 
provided that the Secretary of Agriculture ma de certain commitments to Congress.  Such 
commitments set forth what would ordinarily occur under the standard procedure that would apply to 
an application to export poultry products fro m any country.  USDA would undertake certain 
transparency and notification obligations with resp ect to Congress, but it would not have any effect on 
the substantive treatment of China's appl ication or of any imports from China. 
(v) India's Restrictions Due to Avian Influen za (STC 185) – Concerns of the European 
Communities and the United States 
40. The representative of the Europ ean Communities stated that th is concern had been discussed 
bilaterally for several years, and had been rais ed on multiple occasions India still did not base its 
requirements on OIE standards, and still maintained a ban on live pigs, pig semen and products such 
as feathers for reasons of avian influenza.  Furt hermore, India did not recognize the regionalization 
principle, applied strictly in the European Comm unities where affected zones were placed under strict 
biosecurity measures, and instead India required total country freedom from avian influenza.  
Although India had announced that unprocessed meat  would no longer be bl ocked for reasons of 
avian influenza, India's requirements stated that only heat-treated pig meat could be imported, a 
measure not in line with international standards.   The European Communities requested India to 
provide scientific evidence justifying its strict measur es;  to bring its import requirements in line with 
international standards;  and to recognize the re gionalization principle as applied in the European 
Communities. 
41. The representative of the United States stated that India's ban and avian influenza import 
requirements were not in line with the OIE standards.   India continued to prohibit the import of pigs 
and a wide range of avian species and avian product s without a risk assessment that supported the 
measures.  India had maintained an emergency me asure in one form or another since 2002 and its 
emergency notifications since 2004 had essentially bl ocked all imports.  Sufficient time had passed 
for India to complete an import risk assessment a nd to adopt OIE-consistent  measures.  The United 
States requested India to provide its risk assessm ent and to modify its measures to address the 
concerns expressed by a number of Members. 
42. The representative of India stated that the no tification issued on 28 August 2009 prohibited 
the import of poultry and poultry products and live pigs from countries reporting both highly 
pathogenic and low pathogenic avian influenza.  In dia's technical experts had observed that symptoms 
of highly pathogenic avian influenza were noticeabl e and the infection could be controlled, but low 
pathogenic avian influenza might pass unnoticed a nd the control of the infection could become 
difficult.  Additionally, there was no data availa ble confirming that low pathogenic avian influenza 
could not mutate into highly pathoge nic avian influenza.  Imports we re currently allowed based on the  G/SPS/R/56 
 Page 11 
 
 
  avian influenza status of the exporting country.  The Indian authorities had commissioned a lab-based 
study of domestic pigs to confirm the chances of gene tic re-assortment of the virus in live pigs that 
could produce new influenza viruses.  As notified, India permitted the import of poultry products from 
countries reporting avian influenza subject to a co nformity assessment.  Comments received from 
trading partners on this notifi cation were under examination. 
43. The representative of the OIE stated that ther e were some differences at a scientific and 
technical level in relation to this matter, and re minded Members of the OIE's informal mechanism to 
resolve differences at a scientific and technical level. 
(vi) Indonesia's Meat Import Conditions (STC 280)  – Concerns of the European Communities 
44. The representative of the European  Communities stated that the concern related to Indonesia's 
import regime was first introduced in April 2009, and related to the burdensome accreditation process 
and the non-respect of international standards in ma ny areas, mainly related to BSE and other diseases 
for which Indonesia imposed unnecessary and unjustif ied measures.  The European Communities had 
communicated its concerns in writing and at various  bilateral meetings with Indonesia.  It had 
requested a justification for the deviation from in ternational standards, as well as Indonesia's risk 
analysis, but no answer had been provided. 
45. The representative of Indonesia stated that its Agriculture Regulation Number 20 of 2009 
concerning the import and distribution of carcass meat and/or edible offal complied with international 
standards.  Since 4 September 2009, the Agriculture  Ministry Decree 3229 allowed the importation of 
de-boned meat from Ireland, and the establishment approval procedure followed a risk assessment for 
BSE on a country-by-country basis.  Constructiv e commitments had been made in October 2009 
between Indonesia and the European Comm unities in regards to this issue. 
(vii) Import Restrictions Due to BSE (STC 19 3) – Concerns of the European Communities 
46. The representative of the European Communities recalled that his authorities had repeatedly 
raised concerns about unjustified restrictions by some WTO Members on imports of bovine, ovine 
and related products alle gedly in response to transmissible spongiform encephalopathies.  Any 
measures should be based on the relevant international standards.  While some Members were 
aligning their processes to OIE recommendati ons, other Members still required unnecessary 
certification, applied burdensome and lengthy procedures and discriminated between countries 
without scientific basis.  EC measures to eradicat e and control BSE were comprehensive and offered 
every guarantee that EC exports were safe.  Fi nally, the European Communities urged Members to 
fully take into consideration the latest OIE B SE guidelines and to establish fair, non-discriminatory 
and transparent rules. 
(viii) US Regulation on Wooden Handicraft (STC 284) – Concerns of China 
47. The representative of China reiterated con cerns regarding US regulations on wooden 
handicrafts from China (G/SPS/N/USA/1921).  The draf t regulation broadened the scope of regulated 
products to all wooden handicrafts from China, whic h had to be subjected to fumigation or heat 
treatment and accompanied by a plant quarantine cer tificate.  Risks, however, were only associated 
with wooden handicrafts with bark with diameter  over one centimetre.  The US heat treatment 
requirement went far beyond the IPPC standard.  China requested that th e United States base its 
measures on the relevant international standards, in particular ISPM 32,  and to eliminate the 
certificate requirement for low risk wooden handicrafts in the final measure. 
48. The representative of the United States stated th at in April 2009, the USDA proposed to allow 
the importation of wooden handicrafts from Chin a under certain conditions.  The proposal would G/SPS/R/56 
Page 12  
 
  allow trade to resume in a broad range of Chines e-origin wooden handicrafts while continuing to 
protect the United States against the introduction of plant pests, such as wood boring beetles.  The 
United States had taken measures in response to finding pests on wood handic raft products, including 
artificial Christmas trees, trellis towers, othe r home and garden wood décor, and wood handicraft 
items were found on 418 different occasions betw een 2002 and 2005.  The intercepted pests were 
closely related to the Asian long horned beetle, whic h had previously been introduced into the United 
States in shipments of wood packing material from Ch ina.  The comment period on the proposed rule 
had closed on 8 June 2009, and all comments would be considered prior to making determination to 
issue a final rule. 
49. The representative of the IPPC stated that I SPM 15 concerned wood packaging material and 
that in 2008 the Commission on Phytosanitary Measur es (CPM) had recognized that handicrafts were 
an issue.  The topic "Wood products and handicrafts  made from raw wood" had been included on the 
IPPC work programme.  A specialized technical panel would draft a specification for this new standard in 2010. 
(ix) Japan's Pesticide Residue Limit Enforcement System (STC 267) – Concerns of China 
50. The representative of China recalled that afte r the implementation of Japan's positive list 
system for chemical residues, China and many other WTO Members had expressed concerns regarding the issue of "uniform standards".  Japan ha d indicated that the standard would be revised on 
the basis of scientific evaluations and MRLs would be established for more chemical residues.  In 
recent years, almost all notices that China recei ved from Japan regarding products that exceeded 
pesticide limits were caused by the "uniform st andards".  These had severely affected China's trade 
with Japan.  Also, after the implementation of Japan's positive list system, a series of regulatory 
measures such as intensified inspection, quarantin e and supervision, had been undertaken.  China 
urged Japan to develop science-based residue limits for the items of concern as soon as possible, to 
alleviate unnecessary restrictions to international trade. 
51. The representative of Ecuador supported China's concern regarding MRLs applied by Japan.  
Ecuador's cacao exports had faced difficulties of market access, and although various meetings had 
taken place, no solution had been provided.  Ecuador requested Japan to modify its MRLs in 
accordance with international standards. 
52. The representative of Japan stated that the unifo rm standard was based on the evaluations by 
the FAO/WHO Joint Expert Committee on Food Add itives (JECFA) and/or on the tolerance exposure 
amounts that the US Food and Drug Administration adopted for food additives. 
(x) Application and Modification of  the EC Regulation on Novel Foods (STC 238) – Concerns of 
Peru 
53. The representative of Peru recalled that the entry of traditional exotic products to the 
European market had been seriously affected by  the EC regulation on novel foods.  The measure 
contravened the activities that the European Comm unities themselves had been undertaking to support 
small producers and to open the EC market to new a nd exotic products.  Vari ous exotic products had 
been certified by the Health and Environment Au thority of Peru, which certified the safety and 
compliance with a HACCP system, and these products  were fit for human consumption and could be 
marketed internationally.  Peru expressed concer n about the continuous loss of business opportunities 
due to this measure and asked for an update on the modification progress. 
54. The representatives of Brazil, Colombia, Ecua dor, and Mexico supported Peru's concerns 
regarding the EC regulation on Novel Foods.  G/SPS/R/56 
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  55. The representative of the Eur opean Communities stated that on 15 January 2008, the EC 
Commission had submitted to the Council and the Eur opean Parliament a proposal for the revision of 
the Novel Food Regulation.  The proposal was no tified to WTO Members in March 2008 under the 
TBT Agreement.  The revised pro cedure was expected to be more flexible and some novel foods had 
already been approved for entry into the EC market.  The reference period for establishing a history of 
safe food use had been changed to a period of 25 years, and consumption data could originate from 
any third country and not necessarily from the country that submitted the application.  The possibility 
to apply for a novel food authorization had also been  opened to any interested party.  The proposal 
kept the main rules currently applicable to novel foods, but simplified EC market access for 
traditional foodstuffs from third countries which had a history of safe use and put in place 
proportionate regulatory measures.  The proposal  was still under negotiation and its adoption was 
foreseen for July 2010. 
(c) Consideration of Specific Notifications Received 
56. No Member provided any information under this agenda item. 
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.9 
57. No Member provided any information under this agenda item. 
IV. OPERATION OF TRANSPARENCY PROVISIONS  
58. The Secretariat noted that the most recent lists of National Notification Authorities and 
National Enquiry Points were contained in G/ SPS/NNA/15 and G/SPS/ENQ/25, respectively.  Paper 
copies of these lists were now updated only once ev ery year, however, the lists were constantly 
updated and available through the SPS Information Management System (IMS).  The Secretariat 
asked Members to ensure the accuracy of the list of addresses of Enquiry Points and National 
Notification Authorities. 
59. The Chairperson reported that documents G/SPS/GEN/957, G/SPS/GEN/958, 
G/SPS/GEN/960 and G/SPS/GEN/964 summarized the no tifications received since the last 
Committee meeting. 
(a) Overview of the Operation of Transparency Procedures 
60. The Secretariat introduced the transparency overview document G/SPS/GEN/804/Rev.2, 
based largely on the SPS IMS launched in 2007.  Th e revised transparency procedures adopted in 
2008 included revised notification formats which aimed to facilitate the provision of clearer and more 
specific information regarding new or modified SPS measures, for instance, new fields on the conformity of the notified measure with internationa l standards or the proposed date of publication of 
a measure. 
61. As of October 2009, 133 Members had designate d an Enquiry Point and 144 had designated a 
Notification Authority. 
62. The SPS Agreement requires Members to notify new or modified SPS measures that may 
have a significant effect on trade, if their content is not substantially the same as the content of an 
international standard.  Since 1995, 10,532 no tifications (regular, em ergency, addenda and 
corrigenda) had been submitted;  54 per cent from developed country Members, 45 per cent from 
developing country Members and a very small shar e from LDCs.  During 2008, 1,273 notifications 
were circulated.  As of October 2009, 101 Memb ers had submitted at least one notification.  
Notifications from developing country Member s had increased steadily over the years. G/SPS/R/56 
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  63. The revised format for regular and emergency notifications had a number of fields seeking 
information on links to international standards.  From June 2007 through August 2009, 43 per cent of 
regular notifications stated that there was a re levant international st andard.  For emergency 
notifications, 81 per cent of notif ications had indicated that there was a relevant international 
standard; 64 per cent of these had made reference to  the OIE.  The new notification formats also 
requested identification of which standards of Codex,  OIE or IPPC were relevant, however, this part 
of the form was not always completed.  The revised format included a new entry asking whether the proposed regulation conformed to the relevant inte rnational standard.  From December 2008 through 
August 2009, 47 per cent of regular notifications  had indicated the existence of a relevant 
international standard, of which 71 per cent indicated  that the proposed regulation was in conformity;  
for emergency notifications during the same period, 55 per cent had stated that there was a relevant 
international standard.  Of these, 50 per cent indicat ed that the proposed regulation conforms to the 
relevant international standards. 
64. From June 2007 through August 2009, about 75 per cent of notifications had provided a 
comment period.  Although a minimum 60-day period was recommended, the average comment 
period provided was about 50 days.  Since 2008, Memb ers could provide the electronic version of the 
regulation being notified to the Secretariat, be acce ssible through a hyperlink in the notification.  
Unfortunately, very few Members were using this facility. 
65. The Secretariat recalled several initiatives to enhance the implementation of transparency 
provisions and the benefits of a transparent system.  Recent updates of the SPS IMS facilitated 
searches according to the specific needs of Members a nd the preparation of summaries and reports.  A 
mentoring mechanism was established by the Secretar iat following the transpar ency workshop held in 
2007.  So far 18 Members seeking mentoring assi stance had been matched with nine Members 
offering such assistance.  New mentoring requests ha d been received and new mentors were needed.  
A new manual developed by New Zealand, with th e assistance of Australia and the Secretariat, 
included guidelines on how to prepare notifications, how to manage incoming notifications, how to 
alert stakeholders and how to draft standard le tters.  The technical assistance activities of the WTO 
Secretariat devoted a significant amount of time to  transparency issues.  The Standards and Trade 
Development Facility (STDF) had also funded variou s projects to increase transparency by enhancing 
interagency coordination at th e national and regional levels. 
66. The representative of New Zealand stated that his colleagues were pleased to be mentors, and 
New Zealand had been partnered with five deve loping countries.  Unfortunately despite numerous 
attempts to contact these countries, New Zealand ha d not been able to get a reply and to provide 
assistance. 
67. The representative of Senegal thanked the Eur opean Communities for their mentoring and for 
having provided them with relevant documentation. 
68. The Secretariat expressed its appreciation to those Members who had offered to provide 
assistance, and encouraged other Members to volunt eer to be mentors.  The mentoring mechanism 
was not a programme for financial aid or technical assistance, but rather an informal approach of 
email exchanges and communication. 
69. The Secretariat recalled that the Committee had pr eviously decided to periodically organize a 
special meeting on transparency to which the Na tional Notification Authorities and Enquiry Points 
would be encouraged to attend.  These meetings had been held every three year s, back-to-back with a 
regular Committee meeting.  The Secretariat proposed  to organize a special meeting on transparency 
to be held in October of 2010 back-to-back w ith the October Committee meeting.  Normally the 
participation of about 50 officials from LDC and de veloping countries could be funded through the 
WTO Global Trust Fund, with priorities for LDCs.  Assistance would be provided specifically for the  G/SPS/R/56 
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  National Notification Authorities and the Enquiry Poin ts and that this represented an incentive for 
those countries who had not established their Nationa l Notification Authorities and Enquiry Points to 
do so.  The Secretariat stated that there are new documents and issues that will be discussed during the 
aforementioned meeting and that it would be very useful for the National Notification Authorities and 
Enquiry Points to be present. 
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT 
(a) Chairperson's Report on Informal Meeting 
70. The Chairperson reported that during the inform al meeting held on Tuesday, 27 October on 
special and differential treatment, the main focus had been on the proposed revision of the procedure 
to enhance transparency of special and different ial treatment in favour of developing country 
Members contained in G/SPS/33. 
71. During the informal meeting, the Secretariat ha d introduced revision 5 of the draft document, 
G/SPS/W/224, which reflected discussions at the last  Committee meeting.  Instead of reproducing all 
the usual steps, for example for the circulation of a notification, this version contained references to 
the relevant documents containing those steps.  Other changes related to situations where phased 
implementation might not resolve the problem, and to the possibility to use the process also after the 
end of the comment period on a notified meas ure and before its entry into force. 
72. Two delegations, Egypt and the United States, had suggested small amendments to the text in 
revision 5, while other delegations had indicated th at they could accept the text without changes. 
73. Following the Chairperson's oral report, the Committee considered a revision to the draft text 
which reflected changes suggest ed during the informal meeting.  The Committee adopted the 
proposed revision on an ad referendum basis (G/SPS/W/ 224/Rev.6).  No objections were raised by the 
16 December 2009, and the revised decision was subsequently circulated as G/SPS/33/Rev.1. 
VI. EQUIVALENCE -- ARTICLE 4 
(a) Information from Members on their Experiences 
74. No Member provided any information under this agenda item. 
(b) Information from Relevant  Observer Organizations 
75. The representative of the OIE stated that while there were some matters broadly related to 
equivalence in the report of the OIE, no specific work was underway on the topic of equivalence. 
VII. PEST– OR DISEASE-FREE AREAS 
(a) Information from Members on their Pest or Disease Status 
76. The representative of Costa Rica reported on a seri es of surveillance, control, prevention and 
eradication measures for classical swine fever (G/SPS/GEN/966).  These included training for the 
staff and the creation of both a surveillance progra mme and a national swine health programme run by 
high-level professionals.  Costa Rica now met the n ecessary requirements established by the OIE and 
declared itself to be a "country free from classical swine fever". 
77. The representative of Chile reported that in  August 2009, pandemic human influenza was 
detected on two turkey breeding farms (G/SPS/ GEN/981).  The outbreak corresponded to the G/SPS/R/56 
Page 16  
 
  pandemic influenza A/H1N1 virus and was duly reported to the OIE on 21 August.  The detected 
virus was a human virus that had been transmitte d to the turkeys.  In these circumstances, the 
likelihood of viral dissemination was negligible and there were no risks in trading fresh poultry meat 
and poultry by-products.  A number of countries had introduced trade-restricting measures when there 
are no scientific grounds to do so.  One Member even notified its measures as based on the presence 
of avian influenza, despite the fact that Chile 's freedom of this disease is recognized by the 172 
members of the OIE.  Chile urged Members to comply with Articles 2.2 and 2.3 of the SPS Agreement and to examine all evidence before or a pplying measures in situations such this one.  
Certain measures if taken hurriedly and without an y scientific basis, resulted in significant trade 
losses. 
78. The representative of Madagascar reported on its surveillance of fruit fly populations in 
collaboration with the International Atomic Ener gy Agency (IAEA).  Fruit flies could present a 
barrier to exports from Madagascar.  The Ministry of Agriculture had implemented measures for the 
detection of ceratitis capitates , which does not currently exist in Madagascar, but there is a risk of 
infestation and infection since it is present in neighbouring African countries and in the Comoros 
Islands.  A second activity related to the H1N1 vi rus, 127 cases of humans infected by the virus had 
been reported by the Ministry of Health to th e WHO, and although there were no cases of infected 
animals to date, the Ministries of Health, Educa tion and Environment were working together to 
reduce and limit the propagation of the disease.  Mada gascar was seeking to resume exports of honey 
to Europe, as exports had been halted as a result of  falsification of documen tation.  A surveillance 
plan had been established to monitor bee diseases as  well as hives, and the relevant legislation was 
being revised.  The resumption of exports would depend on the outcome of the surveillance. 
(b) Information from Members on their Experiences 
79. The representative of the European Communitie s gave additional in formation about its 
notification G/SPS/N/EEC/349 concerning the list of third countries from which poultry and poultry 
products may be imported into a nd transit through the Community.  The Members affected by the 
measures were Brazil, Canada, Chile, Croatia, Israel and the United States.  The amendment 
embraced the concept of zoning and regionalizati on, and introduced more flexible conditions for 
certification for freedom of Newcastle disease for imports of poultry and certain poultry products.  
The amendment would enter into force upon its pu blication, foreseen for December 2009, and a 
transitional period would be applied for the use of certificates until 1 June 2010. 
(c) Information from Relevant  Observer Organizations 
80. The representative of the OIE recalled that at the last Committee meeting the OIE had 
presented a report which covered the official stat us of OIE member countries as decided at the 
General Session in May for four diseases:  BSE, FMD, bovine pleuropneumonia and Rinderpest.  The list was updated annually on the basis of the dossier s submitted by members to the OIE.  The OIE did 
not grant official recognition for other diseases but that there were guidelines on establishing disease-
free status.  The OIE invited Members to submit a dossier and it would publish a bulletin on the 
website on their claim for freedom.  Document  G/SPS/GEN/971 contained an update on relevant 
work done by the OIE and described the establishment of procedures for FMD free compartments as a 
new approach.  At this stage the OIE was not proposing to grant official recognition for FMD-free compartments.  G/SPS/R/56 
 Page 17 
 
 
  VIII.  TECHNICAL ASSISTANCE AND COOPERATION 
(a) Information from the Secretariat 
(i) WTO SPS Activities 
81. The Secretariat provided a report on the activ ities that had been undertaken and future 
planned activities on SPS (G/SPS/GEN/956).  The Secr etariat highlighted two introductory courses 
for LDC's which included sessions on SPS;  one trade policy course in Benin;  one regional workshop 
in Lao People's Democratic Republic;  national seminars in Zimbabwe, Indonesia and Bangladesh;  
and one e-training course delivered in Spanish.   The fifth specialized course on SPS had been 
delivered in Spanish.  Participants were re quired to elaborate action plans to enhance the 
implementation of the SPS Agreement. 
82. The representatives of Haiti, Mexico, Guinea and Paraguay thanked the Secretariat for 
organizing the fifth specialized course on SPS and noted the usefulness of the course. 
83. The Secretariat reminded Members of the types of assistance that WTO offered, and stressed 
that its expertise was on the WTO Agreements and not on technical issues.  The specialized course was offered once a year, and the intention was to offer the course in 2010 in the English language.  
The course was limited to 25 participants because of the facilities and the nature of the course.  
Regional training events were also offered, usually  two or three times each calendar year, with the 
cooperation and participation of C odex, IPPC and OIE.  These events were normally of a four-day 
duration, where five participants from the select ed Members were invited, especially officials 
responsible for plant protection, animal health, food safety, SPS Enquiry Point and from the Ministry 
of Trade responsible for WTO (and preferably SPS) matters.  Many Members did not keep their SPS 
contact information up-to-date, which created a serious problem as sometimes the invitations were not 
received.  The largest number of training activiti es that WTO offered were national seminars, which 
were available on request.  LDCs could request three WTO training events each year, while other 
developing country Members could request two even ts.  It was possible to request an event that 
combined both SPS and TBT Agreements.  Other activities offered workshops on particular SPS-
related issues, regional trade policy courses, Ge neva-based policy courses at basic and advanced 
levels covering all WTO Agreements, including the SPS Agreement.  The Secretariat indicated that it 
would shortly offer an advanced regional trade polic y course in Jamaica that would specifically focus 
on Agriculture, SPS and TBT.  In the coming years,  advanced policy courses would be undertaken in 
Geneva with specific focus that would include the SPS Agreement. 
(ii) Standards and Trade Development Facility (STDF) 
84. The Secretariat of the STDF stated that STD F work was done mainly in three areas:  
coordination and information dissemination;  project  development;  and project funding.  The STDF 
film which had been shown to the Committee in J une was now available to delegates in English, 
French and Spanish.  The Secretariat encouraged Members to show the film in their capitals to 
increase awareness about the importance of SPS capacity  building and investment in this area.  The 
Secretariat also drew attention to the STDF news letter in three languages;   and a two-page STDF 
briefing note highlighting the key findings and conc lusions of an expert seminar on climate change 
and SPS risks and responses, organized jointly by  STDF and the World Bank in September 2009. 
85. Other STDF coordination and information dissemination activities included two regional 
"training of trainers" workshops held in Africa in  July through STDF's involvement in the PAN-SPSO 
project implemented by African Union/Inter Afri can Bureau for Animal Resources (AU/IBAR).  
These workshops trained SPS officials of the regional economic commissions and other African SPS 
experts.  The training focused on SPS and implementa tion of the standard-setting procedures of three G/SPS/R/56 
Page 18  
 
  Sisters, who were closely involved in the workshops.  Further training at regional and national levels 
were foreseen in 2010 and 2011. 
86. The STDF was also funding a scoping study on existing SPS collaboration mechanisms in 
Africa at national and regional levels.  In Septem ber 2009, the STDF together with the Economic 
Community of West African States (ECOWAS), the World Bank and COLEACP co-hosted a 
workshop on the implementation of a regional action plan to control fruit fly in West Africa.  Over 
100 participants, including beneficiaries, donors,  private sector and research organizations, had 
validated the regional action plan and agreed on concrete steps to implement the plan.  STDF 
activities are described in document G/SPS/GEN/969. 
87. The Secretariat reminded Members of the workshop organized for 30 October 2009 by the 
STDF on the use of economic analysis to inform SPS  decision making.  The aim of the workshop was 
to demonstrate that economic analysis could genera te information that was useful to improve SPS 
decision making and enhance the effectiveness of resource allocation, as well as to demonstrate the economic rationale of investment in SPS capacity  building.  One presentation during the workshop 
was on the multi-criteria decision making approach, and the STDF was considering possible follow-
up work to pilot test the approach in countries, and to develop user friendly tools and training 
materials targeted at regulatory authorities in de veloping countries.  The summary report of the 
workshop was subsequently circulated in the STDF Briefing note number three in December 2009. 
(b) Information from Members 
88. The representative of Brazil stated that a Brazilia n technician invited by FAO had participated 
in August 2009 in a project to help strengthen Angola 's national system of food control.  The project 
consisted of presentations and a seminar on the importance of the Codex Alimentarius, how to 
increase participation in Codex activities, SPS Agreement and the SPS Committee, and an 
introduction to the TBT Agreement.  The activity ill ustrated the significant importance of cooperation 
between developing countries on SPS issues. 
89. The representative of Belize reported on technical assistance received from the European 
Communities on the implementation of a project to  enhance national sanitary and phytosanitary 
capacity that was initiated in May 2009.  The proj ect included the training of 22 officers in meat 
hygiene inspection and ten officers in sanitary certif ication of fishing vessels.  Additional training 
delivered in September and November 2009 include d training to enhance surveillance programmes, 
including sampling and testing methodologies, specialized training on avian pathology and pest identification.  One of the experts would also c onduct a GAP analysis via comparison of the current 
draft Food Safety, Plant and Animal Health legisl ation with EU agriculture, health and food safety 
legislation, with the objective of highlig hting those areas most pertinent to Belize. 
90. The Belize Agriculture Health Authority wo uld be hosting a seminar on 15 November 2009 
with the objective of updating stakeholders on the major achievements that Belize had obtained as a result of the implementation of sanitary and phyto sanitary programmes at the national level, and as a 
result of participating in international forums  such as Codex, OIE and the SPS Committee.  The 
seminar was conducted in cooperation with IICA and had been held on an annual basis for the past 
four years.  The representative of Brazil acknowle dged and thanked the Mexi can Government for the 
assistance received to strengthen two specific surveillance programmes, one on animal health and the 
other on plant health.  Belize also thanked STDF for the opportunity to participate in the workshop on the use of economic analysis to inform SPS decision making. 
91. The representative of Indonesia reported that  the Indonesian Agriculture Coordinating 
Agency, in cooperation with the WTO Secretariat, had held a symposium on the SPS Agreement in Jakarta, with a total of 170 participants.  The symposium discussed several topics concerning the  G/SPS/R/56 
 Page 19 
 
 
  implementation of the SPS Agreement, SPS technical  issues and quarantine issues including food 
safety and wood packaging regulations.  The symposium had a positive result in sharing the knowledge and experience on the application of the SPS Agreement and current SPS issues that affect 
bilateral, regional and multilateral trade;  and helped to identify strategies for capacity building and 
the strengthening of SPS management. 
(c) Information from Observers 
92. The representative of the Codex provided un upda te regarding the operation of the trust fund 
to enhance participation of members in Codex, an d especially LDCs.  At the latest session of the 
Codex Committee on Fish and Fishery Products, 30 countries were funded by the trust fund.  This 
resulted in a very high participation in the committee with over 80 participants in total.  There would 
be a workshop to consider the new distribu tion of Codex participation in Tunisia on 14-
18 December 2009.  The midterm review of the trust fund was currently underway and should be 
completed for the Codex Alimentarius Commission session next year.  The Codex secretariat was involved in a project with FAO Algeria to impr ove all aspects of the fishery sector including food 
safety.  The Codex secretariat had also with WHO Eu rope on food safety and health policy in central 
Asian countries, planned to participate within this framework in a seminar in Tajikistan in 
January 2010.  Further informati on on Codex activities since the last SPS Committee meeting and on 
forthcoming meetings can be f ound in the document G/SPS/GEN/973. 
93. The representative of the IPPC reported that sev en regional workshops had been held during 
the summer, which looked at the draft ISPMs and examined the difficulties in implementing IPPC standards.  The IPPC was involved with the implementation of several STDF projects, including one 
in Mozambique to help build phytosanitary capacity and another in the Pacific Islands which focused 
on the use of the phytosanitary capacity evaluation tool.  The IPPC had also been involved in the 
establishment of a centre of phytosanitary excellenc e in Kenya, which would serve the East African 
countries.  The centre would help to coordinate phytosanitary training and regional coordination on 
phytosanitary issues.  The IPPC was involved with one UN project in Tanzania which had a 
component to build phytosanitary capacity.  A firs t regional workshop for Russian speaking countries 
had been held in October 2009, to help countries understand the obligations of the IPPC as well as 
how to utilize international standards for phyto sanitary measures.  The phytosanitary capacity 
evaluation tool was currently being revised based on user input.  IPPC activities since the last SPS 
Committee meeting are detailed in document G/SPS/GEN/979. 
94. The representative of the OIE st ated that OIE had been involved in a number of SPS training 
workshops and some of the STDF projects.  For the moment, the main emphasis was on the 
evaluation on Performance of Veterinary Services (PVS) and on the follow-up activities that arose 
from the PVS.  The OIE received 98 requests for th e PVS evaluation as of October 2009, of which 88 
missions had been completed and 49 reports were ava ilable.  The reports could be provided, if the 
evaluated countries approved, to organizations intere sted in making investments to support veterinary 
services.  One important follow-up to PVS evaluati ons was other missions which addressed the state 
of veterinary legislation.  The OIE had received 21 official requests for legislation missions, and eight 
missions had been concluded so far.  A works hop would be held in Paris in December 2009 for 
experts involved in the PVS evaluation, as a lot of  emphasis was placed on the appropriate training of 
these experts.  In December 2010, the first global  conference on veterinary legislation would take 
place in Tunisia.  The OIE circulated informa tion on these activities to the Committee in document 
G/SPS/GEN/971. 
95. The representative of Benin thanked the Eur opean Communities for resuming the import of 
shrimp and requested continued support.  Some  activities were underway in Benin concerning a 
problem related to fruit fly, and Benin would report on the outcome as soon as the activities had been 
finalized. G/SPS/R/56 
Page 20  
 
  96. The representative of Senegal thanked the IPPC  for the considerable amount of capacity 
building it had received.  In light of the importance of  phytosanitary risk analys is, there was a need to 
enhance capacity building in developing countries in that area. 
97. The representative of European Communities st ated that they had a specific programme 
targeted at Africa, known as "Be tter training for Safe Food", that focused on the regional economic 
organizations.  A self-sustaining training mission was intended to provide assistance to countries in 
correcting problems which were highlighted from inspec tions undertake by the EU veterinary office.  
The European Communities had contributed 5.5 billion euros to the OIE programme. 
98. The representative of the Dominican Republic thanked the United States and IICA for the 
support received in areas related to its sanitary and phytosanitary legislation. 
99. The representative of IICA reported on its institu tional technical capacity building programme 
for the Codex Alimentarius.  This project was inte nded to provide support for participation in Codex 
Committees, and in particular four committees:  on Fresh Fruits and Vegetables, on Food Hygiene, on Nutrition and Foods for Special Dietary Use and on Food Import and Export Inspection and Certification System.  The fund covered the partic ipation of five countries with a maximum of 32 
participants.  The project budget was provided by USDA. 
IX. REVIEW OF THE OPERATION AND IMPLEMENTATION OF THE SPS 
AGREEMENT 
(a) Issues Arising from the Second Review 
(i) Oral Report on the Workshop on the Relationship Between the SPS Committee and the 
International Standard Setting Organizations (Codex, IPPC and OIE) 
100. The Chairperson presented an oral report on the workshop on the re lationship between the 
SPS Committee and the International Standard Se tting Organizations which had been held on 
26 October 2009.  The Chairperson noted that the programme for the workshop could be found in (G/SPS/GEN/933). 
101. The Chairperson recalled that the need to fu rther clarify the respective roles of the SPS 
Committee, Codex, IPPC and OIE - the "three Sisters"  - had been flagged in the context of the Second 
Review of the Operation and Implementation of  the SPS Agreement.  Members had suggested a 
workshop be organized to focus on the standard- setting procedures and issues before Codex, IPPC, 
and OIE, and on how to ensure effective coor dination with the work of the SPS Committee. 
102. The workshop had been organized around: 
(a) Presentations by the three Sisters on the procedures and issues they face in the 
development, adoption and monitoring of the use of international standards of 
relevance to the SPS Committee;  and  
(b) Discussion of possible concrete actions to :  (i) improve coordination between the 
Committee and the three Sisters;  (ii) increas e the use of international standards;  and 
(iii) avoid duplication of efforts. 
103. The European Communities had also submitted a document on the relationship between the 
Committee and the three Sisters (G/SPS/GEN/970).  G/SPS/R/56 
 Page 21 
 
 
  104. The presentations by the three Sisters addressed (i) the processes and procedures used in the 
development and adoption of intern ational standards, guidelines and recommendations of relevance to 
the SPS Agreement, and (ii) possible ways to f acilitate the implementation of the SPS Agreement 
while avoiding duplication of activities. 
105. The presentations pointed out some variations in the procedure of adoption of standards 
among the three Sisters.  Some participants stresse d the need for an harmonization of the standard 
development procedures of the three Sisters.  Howe ver, it was noted that such harmonization could be 
challenging due to the difference in the three Sister s' procedures and different areas of work.  It was 
recognized that harmonization could be achievable in  cross-cutting issues, and while work was being 
done on this area, further coordination was needed. 
106. Several ideas were discussed on what mech anisms the SPS Committee could consider to 
promote the effective use of the standard-setting bodies in the implementation and administration of 
the SPS Agreement, while avoiding unnecessary duplication of effort. 
107. Members also raised concerns on the role of  the SPS Committee and the three Sisters in the 
implementation of international standards and the m onitoring of their usage.  Emphasis was given to 
the role of the SPS Committee as a coordinato r with regard to its three Sisters. 
108. The need for coordination at the national level was also stressed, as well as the importance of 
increasing the participation of developing countri es in the meetings of the SPS Committee and in 
those of the three Sisters.  The importance of SPS-related capacity buildi ng was also highlighted. 
109. The Chairperson expressed her belief that th e workshop was a very good opportunity to 
understand how all three Sisters worked and to try to identify some concrete actions to promote a 
better collaboration and communi cation between the three Sisters and the SPS Committee. 
110. The workshop resulted in a number of specific suggestions:  these included: 
(a) Moving the three Sisters' reports to earlier in the Committee's agenda; 
(b) Increasing the number of joint capacity-build ing activities which could also provide 
an opportunity to discuss current work, for example draft standards; 
(c) Joint work by two or all three Sisters on cross-cutting issues such as certification, 
inspection, approval procedur es and/or risk analysis; 
(d) Coordination meetings among the three Sisters and with the SPS Secretariat; 
(e) Consideration of how to ensure equivale nce among results of standards on related 
products; 
(f) Soliciting more information at the strategic planning phase of the three Sisters work; 
(g) The SPS Committee transmitting information re lating to trade issues linked to non-
use of standards, absence of standards, or  inappropriate standards to the relevant 
Sister organization;  and/or 
(h) Requesting the three Sisters to analyze th e current specific trade concerns to see 
which of these could have been addressed by the use of the existing international 
standards; 
(i) The SPS Committee should make better use of the information regarding the use of 
international standards which is available from the SPS notifications; 
(j) Identifying ways to improve coordination at a national level of the relevant 
representatives of the three Sisters and SPS representatives;  and G/SPS/R/56 
Page 22  
 
  (k) The establishment of a "help desk" to answ er enquiries and provide information in 
each of the three Sisters and the SPS Secretariat. 
111. In response to the Chair summa ry on the workshop the representative of New Zealand noted 
that there was a need to identify better ways to coordi nate at a regional level.  It would also be good if 
the secretariats of the three Sisters and of the SPS Committee could meet more regularly in order to 
facilitate better communication and greater awar eness.  The representative of the European 
Communities stated that it would be helpful if the WTO Secretariat and the secretariats of the three 
Sisters could work together in order to addr ess the specific trade concerns expressed at SPS 
Committee meetings. 
(ii) Use of Ad Hoc Consultations 
112. The Secretariat introduced document G/SPS/W/243, which was based on the joint proposal 
made by Argentina and the United States during the Second Review for a procedure for ad hoc 
consultations and negotiations under the SPS Agreement and which reflected Members' comments 
and suggestions.  This document acknowledged the fact that work was being undertaken by the 
negotiating group on NAMA on developing a mechanism to deal with these kind of problems.  The 
document made clear that the work in the SPS Co mmittee was not intended to affect the discussions 
taking place elsewhere.  The Secretariat recalled that the procedure of good offices of the Chair was part of the Rules of Procedure of the SPS Committee.  The Secretariat document attempted to capture the suggestions and flexibilities expressed by Memb ers at the June meeting of the SPS Committee to 
try to find a compromise while basing the details on what had already been jointly put forward by 
Argentina and the United States. 
113. The representative of Brazil presented document G/SPS/W/248, which contained a proposal 
for the implementation of the consultation mech anism in the SPS Committee.  Brazil's primary 
concern was to ensure that th is mechanism would effectively resolve the SPS divergences amongst 
Members.  Brazil agreed with most of the joint proposal submitted by Argentina and the United States 
(G/SPS/W/233), but proposed some modifications .  These changes included making a first meeting 
between the requesting and responding parties compulsory;  that consultations not surpass 108 days or 
six months;  and that the Secretariat should ci rculate to all Members any requests to use the 
mechanism as well as the formal answers from the responding parties during the first compulsory 
meeting. 
114. The representative of Mexico noted his authorities' intention to submit written comments to 
documents G/SPS/W/243 and G/SPS/W/248.  With resp ect to the proposal in G/SPS/W/243, Mexico 
considered it important to include a clause in the firs t paragraph to ensure that  there was no conflict of 
interest between the parties involve d and the chair or facilitator.  Paragraph 4 of the same proposal 
should specify that the condition for beginning consu ltations should be that a specific trade concern 
(STC) had been raised by at least one Member during at least one Committee meeting.  Mexico considered it important that nothing that took place  during the consultations  should be made public 
unless the parties agreed to this.  In paragraph 9(1) , there was a need to define the material, personal 
and time scope of the problem.  In paragraph 10 it was not clear when the responding Member would 
need to respond to a request.  Paragraph 16 should allow for only one consulting Member to conclude 
the consultations.  (Mexico's suggestions were s ubsequently circulated in documents G/SPS/GEN/988 
and G/SPS/GEN/989.) 
115. The representative of India noted that the pro cedure which they favoured was the one outlined 
in document TN/MA/W/106, which was currently unde r negotiation.  Because of capacity constraints, 
India was unable to negotiate the same issue in  two separate fora in the same organization.  G/SPS/R/56 
 Page 23 
 
 
  116. The representative of China recognized the n eed to develop a procedure for ad hoc 
negotiation and consultation amongs t Members under the SPS Agreement.  China noted that there 
would be a need to bring technical experts from capital for the relevant meetings, which would be 
burdensome especially for developing country Members. 
117. The representative of Argentina drew attention to paragraph 3 of G/SPS/W/243 and noted that 
they had been waiting for the results of the NAMA discussions for many years.  Although Argentina 
was a co-author of the text under discussion in the NAMA negotiations, it was of the view that the SPS Committee must move soon to formalize rules w ith respect to ad hoc consultations and in 
particular on the use of the good offices of the Chair. 
118. The representative of the Philippines noted that  the proposal in G/SPS/W/243 was similar to 
the horizontal mechanism being considered in th e NAMA negotiations and had a similar objective of 
trying to resolve trade concerns in a timely and e xpeditious fashion.  There was a need to ensure 
coherence in that work  and across the board. 
119. The representative of Canada stated that G/SPS/W/243 set forth reasonable guidelines for the 
use of Article 12.2.  Ad hoc cons ultations were meant to be more voluntary than mandatory and so the 
procedure should not include stringent timelines.  Canada considered the SPS Committee's work on 
Article 12.2 to be compatible with the work being undertaken in NAMA. 
120. The representative of the United States expressed support for the ratification of the draft ad 
hoc consultation document and explained that the co ncerns expressed by India and other delegations 
were not warranted.  On the contrary, discu ssions within NAMA and the SPS Committee would 
provide Member's with a greater number of av ailable options for resolving trade concerns. 
121. The Chairperson invited Members to subm it any written comments on G/SPS/W/243 to the 
Secretariat by 16 December 2009. 
(b) Third Review 
(i) Report of the Informal Meeting 
122. The Chairperson reported that at the inform al meeting of the SPS Committee on the Review 
of the Operation and Implementation of the SPS Agreement held on 27 October, Members had 
discussed (i) two proposals from MERCOSUR on issu es for consideration during the Third Review 
and, (ii) the revised draft report of the Third Review and the recommendations contained therein. 
123. The Chairperson had recalled that according to the agreed timetable for the Review, the goal 
was to complete the Third Review in 2009 – that is , to adopt the report of the Third Review at this 
meeting of the Committee. 
124. According to the adopted procedure for undertak ing the Third Review of the SPS Agreement 
(G/SPS/W/228), Members had been invited to identify issues for discussion as part of the Third Review. 
125. During the informal meeting Members had discussed a new proposal from MERCOSUR 
(G/SPS/W/244) which had been submitted in resp onse to China's specific proposals on Annex C of 
the SPS Agreement (G/SPS/W/234), and which had b een reflected in the revised draft report. 
126. Several Members had supported MERCOSUR's proposal and noted that the SPS Committee 
should initiate discussions on how to effectivel y implement relevant provisions of the SPS 
Agreement, and clarify the scope of, and some terms in, Article 8 and Annex C.  It had been further G/SPS/R/56 
Page 24  
 
  noted that a more in-depth discussion on Article 8 and Annex C based on specific examples from 
Members could facilitate the implementation of Article 8. 
127. Other Members had stressed the need to avoid duplicating the work being done by the Codex, 
IPPC and OIE in the area of control, inspection and approval procedures.  Some Members had also 
suggested that any clarification of terms should be considered on a case-by-case basis. 
128. Members had also considered a second propo sal by MERCOSUR contained in G/SPS/W/245, 
relating to the development of guidelines to further the implementation of Article 13.  This proposal 
had also been reflected in the revised draft report. 
129. Several Members had welcomed the proposal  from MERCOSUR as a good basis for further 
debate by the Committee on the issue of private st andards, but also on Article 13 more generally.  
They had considered such discussion to be a prior ity issue as it could enable, in particular, small 
developing country Members to better implem ent SPS provisions and improve market access. 
130. Other Members had raised concerns to this proposal and noted that work on private standards 
had revealed widely divergent views, and that resources would be best used by focussing on the 
development of government measures.  Some Members had further noted that it was premature to 
develop guidelines for Article 13 or a Code of Good Practice for private standards as this could pre-
empt the results of the Committee's current work on private standards. 
131. In accordance with the procedures and timeline adopted by the SPS Committee for 
undertaking the Third Review of the SPS Agreemen t (G/SPS/W/228), the Secretariat had prepared a 
revision of the draft report on the Review (G/SPS/W/ 237/Rev.1).  The Secretariat had noted that the 
revised draft report was based on proposals a nd comments from Members and discussions in the 
Committee.  Specific proposals and documents had been put forward under the Third Review by:  
China, Australia, India, MERCOSUR (Argentina, Br azil, Paraguay and Uruguay), Codex, IPPC and 
OIE. 
132. The Secretariat had noted that the revised draft report included recommendations under each 
section, in relation to the issues under considerati on, which proposed some immediate actions, but 
mostly proposed further work by the Committee. 
133. The discussion on the revised draft report of the Review had focussed on the 
recommendations contained under each section of the report.  Members had no specific objections to 
most of the recommendations suggested in the revised draft report. 
134. For those recommendations on which Members ha d suggested revisions, the Secretariat had 
offered to prepare a piece of paper wh ich showed the suggested changes. 
135. The Chairperson concluded her report on the info rmal discussions by noting that concluding 
the Review did not finish the work, but would a llow the Committee to focus on those issues identified 
in the recommendations. 
(ii) Consideration of Draft Report (G/SPS/W/237/Rev.1) 
136. The Secretariat drew attention to a room doc ument which presented the proposed changes to 
the draft report on the Review (G/SPS/W/237/Rev. 1) as discussed during the informal meeting. 
137. The representative of India noted that they had no t been able to participate in the informal 
discussions and indicated that they would shortl y circulate a revision of their earlier proposals 
(G/SPS/W/236/Rev.1).  India supported MERCO SUR’s proposals in G/SPS/W/245 on private  G/SPS/R/56 
 Page 25 
 
 
  commercial standards, and considered that in  the circumstances it was necessary for the SPS 
Committee to develop guidelines for the clarif ication and implementation of Article 13. 
138. Several Members suggested further modifications to the draft report.  In particular, some 
Members considered it would be premature to make private standards a standing item at Committee meetings since a lot of analytical work was still bei ng carried out by the ad hoc working group in this 
area.  Many Members highlighted concerns with the implementation of Artic le 13 and the importance 
of making reference to the need for clarificati on of this article in the report on the Review. 
139. The Secretariat clarified that a "standing" agenda item was one which the Committee had 
decided (by consensus) should be included in the agenda of every Committee meeting.  Otherwise, 
any Member could request the inclusion of an item on  the agenda of any Committee meeting, either at 
the end of the previous meeting when the Committee adopts a tentative agenda for its next meeting or 
by notifying the Secretariat at least eleven (11) da ys before the meeting that it wants an item to be 
included in the agenda. 
140. The Chairperson indicated that Members should submit, in writing, any comments and 
suggestions on the draft report on the Third Review  before 16 December 2009.  This would permit the 
Secretariat to circulate a revised draft report for consideration and adoption by the Committee at its 
meeting in March 2010. 
X. MONITORING ON THE USE OF INTERNATIONAL STANDARDS 
(a) New Issues 
(i) Lack of Implementation of MRL for Ractopamine by Codex – Concerns of Brazil 
141. The representative of Brazil noted that extens ive discussions on this matter occurred during 
the last two sessions of the Codex Alimentarius Commission and at the 18
th session of the Codex 
Committee on Residues of Veterinary Drugs in Foods .  Despite the evidence presented by JECFA, an 
MRL had not been adopted by the Codex.  Brazil was concerned about the repeated postponement of 
a decision in spite of the existence of strong scientific  evidence in favour of the adoption of this MRL.  
Since an MRL was needed in order to facilitate in ternational trade, Brazil hoped that a decision would 
be made at the next meeting of the Codex Commission. 
142. The representative of Canada noted that Cana dian exporters had also experienced trade 
difficulties in several markets due to the absence of an MRL for ractopamine.  In 2005 Health Canada 
approved the use of ractopamine in swine feed a nd established an MRL for ractopamine in pork.  
Canada supported the adoption by Codex of the proposed MRLs for ractopamine and was pleased 
when, in September 2007, the Codex Committee on Residues of Veterinary Drugs in Foods 
recommended the adoption of ractopamine MRLs at st ep 8.  Canada was disappointed that this was 
not adopted at the 2009 Codex Commission meeting and expressed hope that it would be adopted at 
the 2010 meeting. 
143. The representative of the United States stated that adoption of international standards for 
ractopamine should be an important priority for all WTO Members.  Years of scientific evidence 
proved that ractopamine could be used safely.  Ractopamine had been approved by over 25 countries 
and was currently at Step 8 in the Codex process.   Some Members, however, imposed ractopamine 
bans without sufficient scientific evidence to suppor t them.  Codex had not adopted the draft MRLs at 
the 2009 Commission meeting because of a request from a major trading partner that one further scientific review be done by JECFA.  The United St ates urged that trading partner to provide JECFA 
with the necessary information so that this study could be completed, and expressed the hope that the 
Codex Commission would move forward with adoption of the standard once that study was complete. G/SPS/R/56 
Page 26  
 
  144. The representative of the European Communities noted that last year the European Food 
Safety Agency (EFSA), which was responsible for risk assessment, gave a standard opinion regarding 
the harmfulness of this substance.  China had also  conducted a study on the effect of ractopamine on 
the tissue of pigs.  The Codex Commission decided that JECFA should evaluate the Chinese studies 
before coming to a decision with respect to the MRL for ractopamine. 
145. The representative of China noted his aut horities' commitment to ensuring that the 
international standard on ractopamine was of the highest quality.  China would continue to actively 
participate in the Codex standard development proc ess by carrying out experiments and sharing data 
with JECFA.  The representative of Norway supported the interventions of the European 
Communities and China, stressing the need for JECF A to evaluate the last data submitted by China 
before coming to a final conclusion. 
146. The representative of Australia agreed with the interventions of Brazil, Canada and the United 
States on this issue.  Codex had made a risk management decision based on a risk assessment of the available data, and Australia supported the adoptio n of the draft proposed MRL for ractopamine. 
147. The representative of the Codex noted that JE CFA had conducted an evaluation in accordance 
with the procedure in place for veterinary drugs.  As noted by Australia, the risk management decision 
made by the Committee on Residues of Veterina ry Drugs was then forwarded to the Codex 
Commission, but at the Commission there was no c onsensus.  Rather, at the Commission session 
delegates referred to further studies and scientific data on the matter.  It was agreed that JECFA would review the data that it had not previously review ed.  Two meetings of JECFA were scheduled for 
2010 and they would make every effort to have the out come of the review of this data available for 
the next session of the Commission in July 2010. 
148. In response to a question from Chile regarding bovine somatotrophin (BST), the 
representative of the Codex noted that although the proposed MRL had been retained at Stage 8 for 
the past nine years, there was no request by Codex members to change this status. 
(b) Issues Previously Raised 
(i) Draft NAPPO Regional Standard:  Guidelines for Regulating the Movement of Ships and 
Cargoes Aboard those Ships from Areas Infested  with the Asian Gypsy Moth (RSPM N 33) – 
Concerns of China 
149. The representative of China noted that this was th e fourth time that it was raising this concern 
in an SPS Committee meeting.  The "Guidelines for Regulating the Movement of Ships and Cargo from Areas Infested with the Asian Gypsy Moth" had been approved by the North American Plant 
Protection Organization (NAPPO) on 10 August 2009  with immediate eff ect.  The Guidelines 
identified risk management options for the moveme nt of ships and cargo from areas infected with 
Asian Gypsy Moth, such as inspection, systemic appro aches, pest-free areas, certification, rejection of 
the shipment, refusal of entry etc.  The guideline di d not mention specific countries but stated that the 
pest was "present in temperate As ia, has been reported east of the Ural Mountains, but no definitive 
distribution information in eastern Europe is avai lable."  China reiterated its serious concerns 
regarding this standard, and the hope that the memb er countries of NAPPO would take these concerns 
and comments into consideration when developing  specific implementation actions, in order to 
minimize the adverse impact of their SPS measures on international trade. 
150. The representative of Korea supported China's inte rvention and noted that this standard was 
adopted without any critical reflection of concerne d parties' comments, although this standard could 
have a negative impact on their trade.  Korea th erefore asked NAPPO member countries to implement 
the standard in a manner which would minimize the negative impact on trade in accordance with the  G/SPS/R/56 
 Page 27 
 
 
  SPS Agreement and the relevant international standa rd.  These measures should reflect the role and 
responsibility of the exporting and impor ting country in a balanced manner. 
151. The representative of Japan supported the views of China and Korea.  Japan intended to 
consult with NAPPO and its member countries on the im plementation of this standard to ensure that 
the measure was economically and technically feasibl e and not more trade restrictive than necessary. 
152. The representative of Canada noted that the NAPPO measure on AGM was being put in place 
to control the risk to North America's forests.  NAPPO representatives had been diligent in ensuring 
that all concerned stakeholders, including the shippi ng industry, had been consulted.  The standard 
would be phased in with full implementation taki ng place in March 2012.  The measure had taken all 
possible SPS measures into consideration and had been developed to be no more trade restrictive than 
necessary to manage the risk.  Furthermore, all NA PPO member countries were working with affected 
Members to come up with appropriate implementa tion plans and a number of Members had already 
participated in these meetings.  The risk of in troduction of AGM was acute.  In 2009, Canadian 
authorities had detected egg masses, each containing  thousands of eggs, on ten ships travelling from 
the region. 
153. The representative of Chile questioned whether this issue belonged under the agenda item 
related to the monitoring of the use of intern ational standards.  Was it appropriate for the SPS 
Committee to raise this matter with NAPPO since it was not one of the three Sisters?  Chile suggested 
that these types of issues could be addressed under specific trade concerns. 
154. The representative of the IPPC indicated that a lthough regional plant protection organizations 
were recognized in the IPPC Convention and ofte n the regional organizati ons deposited a regional 
standards with the IPPC, this did not make th ese an international standard.  The IPPC work 
programme included consideration of the need for an  international standard on the movement of pests 
via ship containers and vessels.  In such situations , the IPPC might use a regional standard as the basis 
for the development of an international standard. 
XI. CONCERNS WITH PRIVATE AND COMMERCIAL STANDARDS 
(a) Report on Chairperson's Consultations 
155. The Chairperson informed the Committee th at on Tuesday 27 October, she had held 
consultations with the ad hoc working group on pr ivate standards for the fourth time.  Although she 
had not intended to consult with the group prior to  the Committee meetings, a number of participants 
had requested such consultations.  The representatives  of the Codex, OIE and IPPC had also attended 
the meeting. 
156. The meeting had given the Members an opportunity to consider the Secretariat document 
entitled "Possible Actions for the SPS Committee Re garding Private Standards" (G/SPS/W/247) and 
the MERCOSUR document entitled "Legal Framew ork for Private Standards in the WTO" 
(G/SPS/W/246).  The OIE, IPPC and Codex had also provided updates with r espect to their work on 
private standards. 
157. The Secretariat had explained that the report in G/SPS/W/247 represented the third step of the 
Committee's endeavour to undertake a three-step study on the effects of private standards.  The first phase was the circulation to Members of a questionna ire on private standards.  The second step was 
the preparation of a descriptive report, summarizing th e replies to the questionnaire.  This third step 
put together a compilation of possible actions by the SPS Committee and/or Members to enhance the 
benefits of private standards and address identif ied concerns.  The repor t drew upon the Committee's 
discussions to date, Members' written contributions, and the descriptive report, keeping in mind the G/SPS/R/56 
Page 28  
 
  limitations pointed out by Members on various o ccasions.  Some of the possible actions focused on 
more practical approaches and others addressed legal and systemic questions. 
158. The representative of the Codex had noted th at the Codex Alimentarius Commission had 
discussed the issue of private standards during its l ast session and would revert to it at its next session 
in July 2010.  Many delegations had expressed c oncerns with the recommendations of an FAO/WHO 
paper prepared by consultants, including its sugg estions that Codex adapt its own procedures to the 
changing circumstances.  It had been pointed out th at Codex standards needed to be benchmarks for 
all food safety standards.  Delegations had raised c oncerns in particular related to the compliance and 
certification costs.  A further study would be prepar ed to analyze the costs and benefits of private 
standards and Codex would also look at th e speed of its standard-setting activities. 
159. The representative of the OIE had informed the working group that an ad hoc expert working 
group would meet in November to prepare a report based on replies to a questionnaire circulated to 
OIE members regarding the effects of private standa rds, both for animal welfare and animal health.  
The 66 responses received to date had suggested that the main concerns were the costs of compliance, 
the lack of scientific basis and multiplicity of st andards, and the lack of transparency/consultative 
mechanisms in developing private standards.  Some be nefits had also been identified such as the fact 
that private standards could, in some cases, assist the implementation of official standards.  Overall, 
however, there was clear recognition of the fact that claims of sanitary safety should not be used to 
gain marketing advantage.  The report of the work ing group would be submitted to the Terrestrial 
Code Commission for consideration in February and the report of that Commission, which would be 
available publicly at the end of March, would be  considered during the OIE General Assembly in 
May 2010. 
160. The Chairperson of the IPPC had noted that a lthough the issue of private standards had been 
raised at their annual meeting in April 2008, no wo rk was currently being done on private standards as 
they related to plant health. 
161. The representative of Argentina had introdu ced the MERCOSUR document and called on the 
SPS Committee to address the issue of private standa rds to ensure a predictable trading environment 
since private standards were the new conditions of market access. 
162. Some Members were concerned that the Committee could risk basing its discussions on 
incorrect information contained in the descriptive re port and proposed to revise it.  Others pointed out 
that trying to collect more information on the effects of private standards would not change significantly the types of actions that the Committee could undertake regarding this issue.  It was also 
suggested that the Committee's discussions were already having a positive impact on the actions by 
some of the private standard-setting entities and that the momentum needed to be maintained. 
163. There had been some suggestions regarding the nomenclature used for the different steps of 
the study on private standards.  The second step had been initially called a "descriptive report", 
whereas it should more appropriately be called a "com pilation of replies".  The third step had been 
initially called an "analytical report".  However, the report did not provide a detailed or in-depth 
analysis of types and effects of private standard s.  Rather, it focused on possible actions for the 
Committee or Members.  Therefore, it would be mo re appropriate to call it an "identification of 
possible actions". 
164. It was noted that while there were differen ces among Members as to what the SPS Committee 
could do on the issue of private standards, this reflected differing views on the appropriate role 
governments should play in private business transactions, not differences in the development status of 
Members.  In addition, it was apparent that many private companies and traders around the globe 
were not aware of the differences between governme ntal SPS requirements and private standards.  G/SPS/R/56 
 Page 29 
 
 
  165. It had been suggested that the Committee could prioritize and sequence its work by 
identifying which actions could be further elaborated  and pursued in the short run and which could be 
discussed further.  Some Members also suggested  that some of the actions could be merged. 
166. In concluding her oral report on the consultations , the Chairperson indicated that the working 
group proposed the following: 
• that the working group continue to pursue its work on private standards; 
• that all Members be invited to submit written comments on document G/SPS/W/247 
by 16 December , indicating in particular any sequencing they would like to see in 
discussing all the possible actions already identified, providing the reasons behind the proposed sequencing; 
• that the Secretariat consider the suggesti ons on changing the titles of what had been 
called the "descriptive" and "analytical" reports; 
• to request the Secretariat to revise the report on possible actions in light of Members' 
oral and written comments, taking into account any updates from the three Sisters;  
and  
• that the Chair consult again with the ad hoc working group prior to the March meeting 
of the SPS Committee to review the revised draft report. 
167. The representative of Japan requested that the restricted status of G/SPS/W/247 be maintained 
at least until after the Committee's considerati on of this document at the next meeting. 
168. The Secretariat clarified that a restricted document was circulated only to Members and 
observer governments of the WTO.  It was not made public and did not appear on the WTO public 
website.  These documents remained restricted for 60 da ys after the date of circulation and then could 
be maintained restricted upon the request of a Member, but only for a certain length of time. 
169. The representative of the European Communiti es noted that Switzerland had circulated a 
constructive document shedding new light on the discu ssions.  The document had not been considered 
by the working group because Switzerland was not a member of this group. 
170. The representative of Argentina noted that mo re discussion was required in the informal 
group but the objective of the next meeting in Marc h should be to adopt a timetable or steps based on 
information supplied by Members to the Secretariat. 
171. The Chairperson noted that any Member could present a paper on private standards in the SPS 
Committee.  The Member would also be invited to present its document to the ad hoc working group.  
However, the membership of the ad hoc  working group would remain the same. 
172. The representative of Switzerland indicated that their document (G/SPS/GEN/967) was 
intended to contribute to the ongoing discussion in the Committee.  It outlined the Swiss 
Government's strategy for ensuring that private voluntary standards contributed positively to sustainable development and did not operate as unn ecessary barriers to trade.  Switzerland believed 
that private voluntary standards could provide signif icant benefits for developing countries.  In order 
for private standards to fulfil their potential, pub lic and private actors must proactively invest in 
processes to ensure that the special needs of deve loping countries were met in the implementation of 
these standards. 
173. The representative of MERCOSUR noted that document G/SPS/W/246 expressed the concern 
of MERCOSUR with respect to the proliferation of private standards and how the advance of these G/SPS/R/56 
Page 30  
 
  standards had affected market access in the same manner as regulations.  The SPS Committee was 
considered to be competent to find a solution to th e concerns of many Members that private standards 
were being applied in a manner that rendered the SPS Agreement ineffective. 
174. The representative of the OIE noted that as far as health standards were concerned, the OIE 
did not see a role for private standards since health protection was ensured by the official standards of 
the three standard-setting organizations.  The em phasis should be placed on assisting developing 
countries to deal with what amounted to a market ba rrier in many cases.  The OIE encouraged all of 
its members to respond to the OIE questionnaire. 
175. In response to a question, the Secretariat noted th at the Chairperson's oral reports were for the 
purpose of informing the Committee about what had ha ppened at a workshop, informal meeting or ad 
hoc consultation.  These reports became part of th e final summary report of the Committee meeting.  
These reports were not presented for adoption by th e Committee, but Members had the opportunity to 
comment on these oral reports to ensure they were complete and correct. 
XII. TRANSITIONAL REVIEW UNDER PARAGRAPH 18 OF THE PROTOCOL OF 
ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA 
176. The Chairperson recalled that in accordance with Paragraph 18 of the Protocol of Accession 
of the People's Republic of China, the SPS Committ ee was to undertake an annual review for eight 
years of the implementation by China of the SPS Agreement.  The United States and the European 
Communities had submitted documents on this  subject, G/SPS/GEN/963 and G/SPS/GEN/968, 
respectively. 
177. The representative of the United States observe d that the Transitional Review Mechanism 
allowed Members to assess and understand the progr ess that China had made in implementing and 
complying with the WTO Agreements.  She raised  several issues relating to restrictions on 
agricultural trade, noting that in most cases the de tails of the US concerns had been raised under 
previous agenda items at this meeting.  The con cerns were:  (1) restrictions on pork imposed due to 
H1N1 outbreak among humans in the United States, a nd whether China had any scientific evidence to 
justify these restrictions;  (2) BSE-related restric tions on imports of beef and beef products, with a 
request that China provide additional information on  the risk assessment that supported the measures 
applied to US-origin beef and beef products;  (3 ) BSE-related import rest rictions on protein-free 
tallow;  and (4) restrictions related to avian infl uenza, in particular bans affecting the states of 
Virginia, Kentucky, Idaho and Arkansas.  The repres entative recalled that several of these issues had 
already been raised during the 2008 transitional review, however China had provided only limited 
responses to date. 
178. The representative of the United States furthe r requested information on the status of 
revisions to China's sampling plans and microbiological criteria for food-born pathogens, as well as the procedures it used to revise national standards.   Moreover, the United States was also concerned 
that China had banned ractopamine without co nducting an appropriate risk assessment. 
179. The representative of the European Communities sh ared the concerns of the United States on 
a number of issues, including:  (1) H1N1 related trade requirements on pigs and pig products from 
several EC members States;  and (2) BSE-related trade restrictions, reiterating that OIE standards should be respected .  The European Communities also had specific concerns regarding the plant 
health standards implemented by China.  In ad dition, the European Comm unities expressed concern 
for the lack of a notification before the applica tion of the new Chinese food safety legislation and its 
implementing regulation, and provided comments on a number of chapters of the new legislation.  
Finally the representative of the European Comm unities expressed concern on the slow progress of  G/SPS/R/56 
 Page 31 
 
 
  bilateral negotiations of SPS protoc ols and inspections that limited market access of EC products to 
China, especially for meat, fruits and vegetables. 
180. The representative of China offered some clarif ications and responses to the questions and 
comments raised by the United States and the Europ ean Communities.  However, China had received 
the EC questions only on 24 October and had not had time to prepare the corresponding answers.  
Nonetheless these issues were being discussed under the bilateral cooperation mechanism and China 
would continue to work with the European Comm unities to resolve the issues in an appropriate 
manner. 
181. Regarding US concerns on BSE-related issues on beef, the representative stated that China 
had conducted many bilateral talks with the Unite d States between senior level politicians as well as 
technical experts.  Based on a risk assessment, Ch ina had agreed to import US de-boned beef from 
animals aged under 30 months.  China was willing to address the US beef import concerns through a step-by-step approach.  China's beef industry had vi sited the United States at the invitation of the US 
beef industry, to purchase eligible beef products.  However, the USDA had refused to issue sanitary 
certificates for those beef products and had thus st opped the purchase.  China had made efforts to 
address the US demands, and the issue could not be furthered without US cooperation. 
182. With regard to the BSE-related issues on othe r products, the representative of China reported 
that in March 2008, the quarantine and inspection au thorities of China and the United States held a 
bilateral technical meeting on animal quarantine an d inspection.  During the meeting, the two sides 
had in-depth discussions and reached an agreemen t on the working procedures to move the tallow 
issue forward.  In order to further clarify the de finition of protein-free tallow by the OIE, in March 
2008 the United States proposed to the OIE that the de finition of protein-free tallow be modified;  the 
proposal was approved in August of this year.  Chinese experts were now carrying out a risk 
assessment according to the newly revised OIE standa rds and they would try to resolve the issue soon. 
183. Regarding restrictions related to H1N1, the re presentative of China, for the sake of time, 
advised Members to refer to th e statement that had been made by the Chinese delegation under the 
agenda item on specific trade concerns, regarding th e reasons for China's adoption of the relevant 
measure and the work plan for the next stage.  China welcomed any input from its trading partners 
with regards to scientific research that would he lp it finalize the risk assessment.  Based on the 
conclusions of the risk assessment, China woul d consider adjusting the temporary measure 
accordingly.  
184. On avian influenza, the representative of China not ed that according to OIE rules, all cases of 
H5 and H7 avian influenza should be communicated to the OIE.  This was an indication of the special 
status of these two types of low pathogenic subtype av ian influenza.  Due to this situation, China had 
applied the principle of regionalization, and had su spended the import of poultry and poultry products 
from certain states of the United States that ha d relevant outbreaks.  The Chinese policy had taken 
into consideration both risks and the need for tr ade; and China believed the measures were rational 
and science-based. 
185. The representative of China indicated that documen ts on the lifting of the ban with respect to 
avian influenza in the states of Idaho and Kentuc ky had been submitted to the Chinese expert panel 
and a risk analysis on the lifting of the ban was now underway.  After the conclusion of the 
assessment, China would communicate the relevant in formation to the United States in a timely 
manner.  Regarding the lifting of the ban with resp ect to avian influenza in Virginia, China requested 
the United States to provide virus strains as soon as  possible, so that China could make accurate 
analysis on the pathological causes of avian influen za in Virginia and the impact of lifting the ban on 
China.  The representative stated that according to the SPS Agreement, an exporting Member has the 
obligation to provide to the importing Member the ev idence needed to complete the risk assessment.  G/SPS/R/56 
Page 32  
 
  The representative expressed hope that the United St ates could cooperate with China in providing the 
virus strains as soon as possible.  Regarding the lifti ng of the ban with respect to avian influenza in 
Arkansas, the representative reported that Chin a and the United States had held two rounds of 
technical document exchanges.  The Chinese Mi nistry of Agriculture had now received the 
supplementary documents provided by the United Stat es and a risk assessment was in process.  China 
would communicate the result to the United States once it was available. 
186. With respect to pathogens in poultry products , the representative of China reported that in 
2008 the Chinese Ministry of Health had organized, fo rmulated and published, in connection with the 
Standardization Administration of the People's Republic of China, relevant standards on the 
inspection of microorganisms in foods, such as the Inspection of Salmonella, and Microbiological 
Inspection in Food Hygiene .  The Ministry of Health undertook the formulation and promulgation of 
food safety standards as from 1 June  2009, in accordance with the new Food Safety Law of the 
People's Republic of China.   This law required integrating the curr ent standards in the areas of edible 
agricultural products, food hygiene and food quality, with the mandatory food standards in the current sectorial standards, and promulgating them as a un ified national food safety standard.  This task 
involves many standards and a huge amount of work, therefore, the Ministry of Health would 
undertake the work with good planning and organizati on.  At present, the Chinese Ministry of Health 
was working on a safety standard for dairy products in connection with relevant authorities.  The 
revision of the standards on microbiological criteri a in food, including fresh and frozen poultry, would 
be incorporated into the work plan for the next st age.  Additionally, China pointed out that a seminar 
had been organized with the United States on best practices for controlling sal monella in poultry and 
poultry products.  Experts from China and the United States would enhance communication and 
dialogue in the area of food safety assessment and relevant standards. 
187. On the issue of residue standards for ractopamine , the representative of China stated that in 
October 2007 the Ministry of Agriculture had set up an expert group to conduct a risk assessment on 
ractopamine.  During 2009, the expert group had carried out research work on residue elimination in 
various varieties and various modes of feeding.  The results showed that with the recommended dose 
of usage, relatively high residue levels remained in  edible tissues, especially in the viscera, therefore 
resulting in higher potential risks for Chinese consumers.   The Ministry of Agriculture would continue 
to work on the risk assessment;  however, due to the complexity of the task, no specific time line 
could be established.  On the issue of when China could submit further data on risk assessment to the 
Codex Alimentarius Commission (CAC), the representative recalled that the 32
nd session of the CAC 
did not adopt the maximum residue level on ractopamine in July 2009, but had decided to return the 
matter to JECFA for further assessment.  China had al most finished analyzing the test data on residue 
elimination of ractopamine and the testin g report would be submitted to JECFA soon. 
188. The Chairperson informed th e Committee that she would submit a factual report on the 
review to the Council for Trade in Goods (subsequently circulated as G/SPS/52). 
XIII.  MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS  
189. The Chairperson invited observer organizations to report on matters of interest arising from 
their work, and thanked those observers that had pr ovided written reports in advance of the meeting. 
190. The representative of the OIE presented thei r report in G/SPS/GEN/971.  The OIE was 
concerned that the existing standards on FMD were not being put into effect in a timely manner.  This 
was of particular concern because diseases such  as FMD, BSE and avian influenza had been 
highlighted in many trade disputes.  OIE work on FMD was continuing in two respects.  One of these 
was compartmentalization, whereby determining the status of a particular sub-population and industry 
sector with regard to FMD freedom could provide a pathway for facilitating trade.  The OIE was also  G/SPS/R/56 
 Page 33 
 
 
  continuing to consider standards based on the treat ment of commodities as a mechanism to avoid the 
requirement for zones to establish disease freedom.  This mechanism would be further discussed at 
the next meeting of the Code Commission and at the General Session in May 2010.  The OIE was also considering commodity-based standards with regard to  aquatic animals, in particular in the use of 
antibacterial products in aquatic animals. 
191. The representative of IICA highlighted their work on STDF project 108 which was further 
detailed in G/SPS/GEN/972.  The project involved a high level course in microbiological risk evaluation and chemicals in foods for ten countries in the Americas.  Manuals of good practice were 
drawn up for participation in the Codex, IPPC, OIE and the WTO SPS Committee, and these would be provided to Members at the next Committee meeti ng.  More workshops were being planned for ten 
countries on phytosanitary risks.  Specific nati onal activities were also highlighted, such as the 
application of the PVE (performance, vision and st rategy) tool to strengthen official food safety, 
veterinary and phytosanitary services in Paraguay and would soon be used in Peru for food safety. 
192. The representative of the Codex stated that thei r report highlighted the adoption of codes for 
reduction of food contamination (G/SPS/GEN/973).  The report also provided information on several 
Codex Committees including on Fish and Fishery Products, on Food Hygiene and the Taskforce on 
Antimicrobial Resistance. 
193. The representative of the IPPC noted that they  had just completed the member consultation 
phase on several draft standards and thanked the count ries which helped to compile these comments.  
A large number of comments had been received on proposed revisions to ISPMs dealing with export 
certification systems and phytosanitary certificates, whic h could reflect some of the concerns raised at 
the SPS Committee.  At the end of November, the IPPC would circulate specifications for a number 
of draft standards on which members would be invited to submit comments.  The Standards Committee would likely recommend three new standard s for adoption by the CPM.  In 2010, there 
would be two meetings of the Standards Committee,  five technical panels, and two expert working 
group meetings to deal with the import of plant br eeding materials and soil and growing media.  A bi-
annual call for new topics for standards in 2009 resu lted in 21 submissions to be reviewed by the 
Standards Committee.  In November the IPPC webs ite would be revised to make room for regional 
plant protection organizations and international organizations to include information to IPPC 
members. 
194. The representative of the IPPC further reported that the IPPC had received only one request 
under the dispute settlement process, but this was in th e early stages and not yet public.  A strategy for 
national phytosanitary capacity building was being de veloped and in the next few weeks an expert 
working group would examine how to finalize th is strategy and implement it.  The FAO had 
developed guidelines on the implementation of standard s for foresters.  The IP PC continued to work 
with the CBD, especially on invasive alien species and living modified organisms.  Information on 
pest risk analysis training was available on the IPPC  website.  The IPPC was also continuing to work 
on the reduction of methyl bromide emissions. 
195. The representative of OIRSA highlighted several activities described in G/SPS/GEN/974.  
These included work carried out in Belize with re spect to Huanglongbing;  in Honduras regarding 
areas free from fruit fly;  and support to several phy tosanitary programmes in Nicaragua, El Salvador 
and Panama.  On 9 October 2009, Guatemala was declared free of Classical Swine Fever.  OIRSA training courses were being provided in El Sa lvador, the Dominican Republic and Nicaragua. G/SPS/R/56 
Page 34  
 
  XIV.  REQUESTS FOR OBSERVER STATUS 
196. The Committee agreed to invite all of the ad  hoc observers to participate in the next 
Committee meeting, including the informal meeti ngs on the review and special and differential 
treatment. 
197. There was no change in the position of Member  with respect to the pending requests for 
observer status from the Asian and Pacific Coconut Community (APCC), Convention on Biological 
Diversity (CBD), International Vine and Wi ne Office (OIV) and the Gulf Customs Council 
Standardization Organization.  The Committee decide d to revert to these outstanding requests at the 
next regular meeting. 
(a) Request from ECOWAS 
198. The Secretariat recalled that one objective of  the PAN-SPSO project was to increase and 
facilitate the participation of African countries in the work of Codex, IPPC, OIE and the SPS 
Committee.  Therefore it would be useful if the regional economic commissions had the opportunity 
to be observers in the SPS Committee.  Such a requ est for observer status had been received from the 
Economic Community for West African States (E COWAS).  As with previous requests, the 
Secretariat prepared a brief background docum ent on ECOWAS (G/SPS/GEN/121/Add.4).  The 
Secretariat noted that only one of ECOWAS' 15 members was not yet a member of the WTO.  ECOWAS had observer status in Codex, IPPC and OIE and ad hoc observer status in the WTO Committee on Trade and Development. 
199. There were no comments from Members with regard to this request.  In the circumstances, the 
Chairperson suggested that the Committee revert  to the request from ECOWAS, and any other 
subsequent requests, at the next Committee meeting. 
XV. CHAIRPERSON'S ANNUAL REPORT TO THE COUNCIL FOR TRADE IN GOODS 
(G/L/897) 
200. The Chairperson noted that it was usual at this ti me of the year for the Chairperson to provide, 
under her own responsibility, a brief, factual annua l report on the activities of this Committee for 
consideration by the Council for Trade in Goods (CTG).  A draft of the annual report was usually 
provided to Members during the October meeting of the Committee, so th at any comments from 
Members could be addressed before the report was finalized and submitted to the CTG.  This year, 
however, the meeting of the CTG was scheduled fo r 30 October, and the report of the Committee had 
to be provided at least ten days prior to the meeti ng.  The Secretariat had therefore circulated the draft 
of the Chairperson's annual report by fax to all de legations, and solicited Members' comments.  On the 
basis of these comments, the report was finalized  and had been submitted to the CTG as document 
G/L/897. 
201. The information in the annual report would be re vised to reflect the i ssues discussed and the 
outcome of this Committee meeting.  Members were  invited to submit any further comments on the 
annual report to the Secretariat by 6 November.  Th e revised report was subsequently circulated as 
G/L/897/Rev.1. 
XVI.  OTHER BUSINESS 
202. The representative of Colombia informed the Committee of Venezuela's recent decision to 
stop issuing SPS certificates for certain goods coming from Colombia.  The representative of 
Venezuela requested that Colomb ia present the details of their concern and assured the Committee  G/SPS/R/56 
 Page 35 
 
 
  that they would deal with this matter on a b ilateral basis.  Information from Colombia was 
subsequently circulated in G/SPS/GEN/983. 
XVII.  DATE AND AGENDA FOR NEXT MEETING 
203. The Chairperson recalled that the next meeti ng of the Committee was tentatively scheduled 
for 17-18 March 2010 .  Informal meetings on the Review and special and differential treatment were 
scheduled for 16 March, 2010 . 
204. The Committee agreed on the following tent ative agenda for the next meeting: 
 1. Proposed agenda 
 2. Election of Chairperson  3. Information on relevant activities 
  (a) Information from Members 
  (b) Information from Observer organizations 
 4. Specific trade concerns   (a) New issues 
  (b) Issues previously raised 
  (c) Consideration of specific notifications received 
  (d) Information on resolution of issues in G/SPS/GEN/204/Rev.10 
 5. Operation of transparency provisions  6. Implementation of special and differential treatment   [(a) Report on informal meeting 
  (b) Review of operation of S&D transparency procedure (G/SPS/33)] 
 7. Equivalence – Article 4 
  (a) Information from Members on their experiences 
  (b) Information from rele vant observer organizations 
 8. Pest- and Disease-free areas – Article 6   (a) Information from Members on their pest or disease status 
  (b) Information from Members on their experiences in recognition of pest- or 
   disease-free areas   (c) Information from rele vant observer organizations 
 9. Technical assistance and cooperation   (a) Information from the Secretariat 
  (b) Information from Members 
  (c) Information from observers 
 10. Review of the Operation and Implementation of the SPS Agreement 
  (a) Issues arising from the Second Review 
  (b) Use of ad hoc consultations   (c) Third Review 
   (i) Report on informal meeting 
   (ii) Consideration of draft report 
  G/SPS/R/56 
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   11. Monitoring of the use of international standards 
  (a) New issues 
  (b) Issues previously raised 
 12. Concerns with private and commercial standards   (a) Report on Chair's consultations 
 13. Observers – Request for observer status 
 14. Other business  15. Date and agenda of next meeting 
205. Members were asked to take note of the following deadlines: 
(i) For submitting proposals on issues to be considered by the Committee during the 
Third Review:  Wednesday,  16 December 2009
; 
(ii) For submitting comments on the various proposals before the Committee:  
Wednesday, 16 December 2009  
(iii) For identifying new issues for considera tion under the monitoring procedure, AND 
for requesting that items be put on the agenda : Thursday, 4, March 2010  
(iv) For the distribution of the airgram:  Friday, 5 March, 2010  
__________