. /.  WORLD TRADE  
ORGANIZATION  G/SPS/W/180 
25 November 2005 
 
 (05-5614) 
Committee on Sanitary 
and Phytosanitary Measures Original:   Spanish 
 
 
  
SECOND REVIEW OF THE OPER ATION AND IMPLEMENTATION 
OF THE AGREEMENT ON THE APPLICATION OF 
SANITARY AND PHYTOSANITARY MEASURES 
 
Prioritization of Issues for the Future  Work Programmes of the SPS Committee
 
 
Communication from Costa Rica  
 
 
 The following communication, received on 23 November 2005, is being circulated at the 
request of the delegation of Costa Rica.  
_______________ 
 
 
1. In view of the importance of the Second Revi ew of the Operation and Implementation of the 
Agreement on the Application of Sanitary and Ph ytosanitary Measures, Costa Rica regards as highly 
significant the initiative to expand the discussions undertak en in this context so as to include the most 
relevant issues in the future work programme of the Committee on Sanitary and Phytosanitary 
Measures.
1  Similarly, we recognize the relevan ce of New Zealand's proposal in document 
G/SPS/W/168 on the need to prioritize the discussion of issues. 
2. Among the questions raised in the current revi ew of the operation of the SPS Agreement there 
are issues that are already long-standing items on the Committee's agenda2, and on these issues there 
is already a permanent forum for discussion that would enable specific items to be introduced in 
response to the questions raised.  Accordingly, Costa Rica views the prioritization of issues as 
relevant in the case of those questions that do not currently appear as an item on the SPS Committee's 
agenda. 
A prioritized future work programme for the Committee 
 
First:  undue delays  
 
3. Costa Rica shares the concern expressed by Uruguay3 as well as by other Members on the 
issue of "Undue Delays", and thus we attach gr eat importance to continuing to discuss this issue 
which finds expression in problems such as exagge rated information requirements, non-transparent 
procedures, together with excessively long time-lim its to analyse and decide on risk analysis, the 
adoption or modification of measur es, and other aspects relating to the application of sanitary and 
phytosanitary measures.  Problems of this kind frequently affect our exporters' market access. 
                                                      
1 G/SPS/W/163. 
2 Draft Report to the Committee by  the Secretariat G/SPS/W/173/Rev.2. 
3 G/SPS/W/160, G/SPS/W/169. G/SPS/W/180 
Page 2  
 
 4. Although the issue of "Undue Delays" has in fact been dealt with among the issues already 
discussed by the SPS Committee such as Equivalence
4 and continues to be dealt with among other 
issues that are currently being discussed such as Regi onalization, this is an issue of a cross-cutting 
nature that affects other mechanisms and discip lines of this Agreement, on which discussion has not 
been exhausted.  Costa Rica considers it to be highl y important to continue to discuss this issue in the 
context of the Second Review of the SPS Agreement. 
Second:  consultations under Article 12.2  
 5. Through the application of Article 12.2 of th e Agreement the SPS Committee has helped to 
discuss and solve the trade concerns raised by the Me mbers.  The application of this Article has made 
it possible to speed up the solution of trade problem s relating to the application of SPS measures, so 
as not to have to employ the time and economic res ources that would be involved in resorting to other 
bodies.  However, we share the view of the United Sates that the mechanism established in 
Article 12.2 has been underutilized, since it has not been developed so as to become an operational 
mechanism with established processes and procedures.
5 
6. Similarly, Costa Rica views with interest the idea of studying in more detail the possible 
alternative approaches that might derive from the a pplication of Article 12.2.  We believe it to be 
desirable that the SPS Committee s hould discuss possible alternatives that would lead to the more 
effective application of this mechanism, so that the trade concerns raised in the SPS Committee might 
have a better likelihood of being resolved.  For a small country such as Cost a Rica, this mechanism 
represents an opportunity to settle disputes and f acilitate trade without having to resort to the 
considerable expense involved in the u se of the dispute settlement mechanism. 
__________ 
  
                                                     
 
4 G/SPS/19/Rev.2. 
5 G/SPS/W/163.