RESTRICTED  WORLD TRADE  
ORGANIZATION  G/SPS/R/49 
18 June 2008 
 (08-2876) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
SUMMARY OF THE MEETING OF 2-3 APRIL 2008 
 
Note by the Secretariat
1 
  
Table of Contents
 
  
Page
  
I.
 ADOPTION OF THE AGENDA.............................................................................................3  
II. ACTIVITIES OF MEMBERS.................................................................................................3  
III. SPECIFIC TRADE CONCERNS ...........................................................................................6  
(a) New issues ..................................................................................................................... .............6  
(b) Issues previous ly raised ....................................................................................................... .......8  
(c) Consideration of specific notifications received.......................................................................12  
(d) Information on resolution of issues...........................................................................................1 3 
IV. OPERATION OF TRANSPARENCY PROVISIONS........................................................13  
(a) Chairman's report on informal meeting ....................................................................................14  
(b) Other matters relating to transparency......................................................................................15  
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT ................16  
(a) Chairman's report on informal meeting ....................................................................................16  
VI. EQUIVALENCE.................................................................................................................... .17 
(a) Information from Members on their experiences .....................................................................17  
(b) Information from relevant  observer organizations....................................................................17  
VII. ARTICLE  6 - PEST OR DISEASE FREE AREA ..............................................................17  
(a) Chairman's report on informal meeting ....................................................................................17  
(b) Information from Members on their experiences .....................................................................19  
(c) Information from relevant  observer organizations....................................................................19  
VIII.  TECHNICAL ASSISTANCE AND CO-OPERATION ......................................................20  
(a) Report on special Workshop..................................................................................................... 20 
(b) Information from the Secretariat............................................................................................... 21 
                                                      
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/49 
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  (c)
 Information from Members....................................................................................................... 23 
(d) Information from observers ..................................................................................................... .24 
IX. OTHER ISSUES ARISING FROM THE REVIEW OF THE OPERATION OF 
THE SPS AGREEMENT.......................................................................................................24  
(a) Use of ad hoc consultations .................................................................................................... ..24 
(b) Relationship between the SPS Committ ee and Codex, IPPC and OIE.....................................26  
X. MONITORING THE USE OF INTERNATIONAL STANDARDS..................................26  
(a) New issues ..................................................................................................................... ...........26  
(b) Issues previous ly raised ....................................................................................................... .....26  
XI. CONCERNS WITH COMMERCIAL  AND PRIVATE STANDARDS............................27  
XII. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS ................................................................................................................30  
XIII.  OBSERVERS – REQUEST FOR OBSERVER STATUS ..................................................30  
XIV.  ELECTION OF CHAIRPERSON ........................................................................................30  
XV. OTHER BUSINESS................................................................................................................3 1 
XVI.  DATE AND AGENDA FOR NEXT MEETING..................................................................31  
  G/SPS/R/49 
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  I. ADOPTION OF THE AGENDA 
1. The Committee on Sanitary and Phytosanitary M easures (the "Committee") held its fortieth 
meeting on 2-3 April 2008.  The proposed agenda  for the meeting was adopted with amendments 
(WTO/AIR/3169).  In particular, the specific trade concern of the European Communities with regard 
to India's import restrictions on live horses (STC  62)  was withdrawn following progress in bilateral 
consultations. 
II. ACTIVITIES OF MEMBERS 
Australia – Update on the outbreak of Equine Influenza  
 
2. The representative of Australia reported that th e outbreak of equine influenza had now been 
eradicated.  The containment and eradicati on programme, which was undertaken with the 
involvement of the horse industry and those who came  into contact with horses, had been successful. 
in stopping the spread of the disease.  Standstill pr ovisions, movement restrictions, good biosecurity 
practices, early reporting of suspected disease and ta rgeted vaccination were critical elements in 
containing and eradicating the disease.  As of Ma rch 2008, Australia was provisionally free of equine 
influenza.  Information on the control and erad ication was available at www.outbreak.gov.au.  
Australia had kept the OIE and its trading partners  informed of the outbreak of the disease and of the 
control measures.  A number of Members had alr eady removed emergency restrictions they had 
temporarily imposed on Australian horse exports, a nd Australia invited other Members to do the 
same.  
Australia – Review of Quarantine and Biosecurity Arrangements 
 3. The representative of Australia reported th at a review of quarantine and biosecurity 
arrangements had begun in February 2008.  The term s of reference of the review included current 
arrangements to achieve Australia's appropriate le vel of health protection;  public communication, 
consultation and research and review processes;  resource levels;  and ins titutional arrangements to 
deliver biosecurity, quarantine and export certificati on services.  A small panel of independent experts 
was undertaking the review.  They had released an  issues paper and were seeking submissions from 
domestic and international stakeholde rs by the end of April 2008.  Th e review was to be completed by 
30 September 2008.  More information was avai lable at www.quarantinebiosecurityreview.gov.au 
4. The representative of the European Comm unities welcomed the consultation with 
international stakeholders and the opportunity to  submit comments.  The European Communities had 
experienced difficulties in the past with Australia's quarantine procedures, and in particular relating to 
the complexity and delays in the Import Risk As sessment (IRA) procedures.  While the European 
Communities had hoped that the new handbook published in 2003 would improve the transparency 
and predictability of the process, it still remained  slow and sometimes unpredictable.  The new 2007 
IRA process set timefram es for concluding decisions, but s till permitted stopping the clock under 
certain circumstances.  The European Communities urged Australia to ensure that its SPS measures 
were based on science, did not result in undue delays, and avoided ar bitrary and unjustified 
impediments to trade.  
Argentina – Information on the Foot-and.-Mouth Disease (FMD) Situation 
5.
 The representative of Argentina reported that si nce 2003, the OIE had recognized two areas of 
Argentina as FMD-free, one with and one without vaccination.  These areas were protected by buffer 
zones where the OIE risk mitigation measures were applied.  The area that was FMD-free without 
vaccination included the area south of the 47th parallel.  As of May 2007, the OIE recognized the 
expansion of this area to include most of the pr ovinces of Rio Negro and Neuquén.  Systematic annual G/SPS/R/49 
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  serological sampling was carried out throughout the country, following the recommendations of the 
OIE Terrestrial Animal Health Code, to detect any viral activity and to determine the immunity levels 
of cattle in the vaccinated region.  More than 90% of Argentina's cattle herd was concentrated in the 
area which was recognized as FMD-free with vaccination.   Cattle in this area, which covered slightly 
more than the northern half of the country, were systematically vaccinated twice each year.  Argentina 
also had in place safeguard measures on the borders with Bolivia, Brazil and Paraguay. 
6. The representative of Argentina noted his count ry's excellent, internationally recognized 
health status with respect to other animal diseas es including BSE, avian influenza, Newcastle disease 
and classical swine fever.  Argentina urged Members to take into consideration the OIE's recognition 
of this health status in the developmen t and application of their SPS measures. 
United States – Food Protection Plan 
7. The representative of the United States provided information on the Food and Drug 
Administration's (FDA) Food Protection Plan.  This revision to the fundamental approaches used by 
FDA was designed to address new food protection c oncerns regarding the increased consumption of 
convenience foods or those provided by food services,  as well as the growing percentage of the US 
population that are immune-compromised.  The Food  Protection Plan, released in November 2007, 
provided a comprehensive strategy to further stre ngthen the US food safety system through providing 
integrated layers of protection.  It focused on prevention of food contamination from the beginning, 
risk-based intervention to verify preventive measu res, and rapid response when contaminated food 
was detected.  The next steps would include the development of an implementation plan through 
consultations of all stakeholders, and the devel opment of legislative proposals on export certificates, 
third party certification and mandatory recall.  The FDA would enact any new legal requirements 
through the notice and comment rule-making pro cess.  Stakeholder input was encouraged and 
briefings had been provided to representatives of 48 embassies in Washington.  The Food Protection 
plan covered all products for which FDA was res ponsible, including dairy products, whether produced 
domestically or imported. 
United States – Situation with respect to BSE 
 
8. The representative of the United States recalle d that the United States had previously 
highlighted problems that it had encountered because some Members imposed unduly restrictive measures with respect to bovine spongiform encephalopathy (BSE).  The United States appreciated that the Philippines, Indonesia and Barbados, as well as other Members, were now permitting imports 
of US beef in accordance with the OIE guidelines.  The United States urged those Members which had 
not yet done so to align their import requirements with the OIE recommendations. 
9. The representative of Canada joined the Unite d States in urging Members to base their BSE 
measures on OIE standards.  The OIE recognized Cana da as a controlled risk country with respect to 
BSE, and the OIE Terrestrial Animal Health Code identified the conditions for safe trade in beef.   
10. The representative of Uruguay also expressed a ppreciation for those Members who adhered to 
the OIE Code.  The Code had many chapters, incl uding one related to Foot and Mouth Disease (FMD) 
and he urged Members to apply the recomme ndations of all of the Code chapters. 
China – High Level International Forum on Food Safety 
11. The representative of China provided informa tion on the High Level International Forum on 
Food Safety which had been jointly organized by Ch ina and the WHO.  This important global meeting 
on enhancing food safety in a global community had been held in Beijing, China, in November 2007.   G/SPS/R/49 
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  More information regarding the forum, includi ng the Beijing Declaration on Food Safety, was 
provided in document G/SPS/GEN/838. 
Brazil – Information on Food and Mouth Disease (FMD) Situation 
 
12. The representative of Brazil provided information on recent actions for the eradication of 
FMD which his country had taken since the last me eting of the SPS Committee,  Brazil had lifted all 
sanitary restrictions on municipalities where outbreaks had been eradicated, and had requested the OIE to recognize the re-establishment of an FMD-fre e area which included 16 Brazilian states. Brazil 
had also updated its legislation to fully reflect the most recent OIE scientific guidelines.  It had 
vaccinated 200 million bovine and buffalo, which represented an investment of about US$ 200 
million, as well as further investments in improved surveillance in border ar eas.  Through cooperation 
in regional bodies, OIE specialists had established hi gh surveillance zones along some borders in the 
region.  In addition, following the recent EC r estrictions on Brazilian meat, Brazil had introduced 
improvements in its traceability procedures, which should result in the gradual resolution of this 
problem.  Brazil had adopted an integrated approach  in which traceability was just one element, and 
which achieved a level of protection recognized by  the European Communities as equivalent to the 
protection it deemed appropriate.  Brazil requested that all Members comply with their obligations 
under Article 2 to apply SPS measures only to the ex tent necessary to protect health, and not in a 
manner which constituted a disguised r estriction to international trade. 
13. The representative of the European Communities recalled that the European Communities had 
continued to allow access to Brazilian beef, and had been working constructively with Brazil to 
ensure that this continued.  Some new measures ha d been introduced, but meetings were taking place 
to ensure improved compliance, and EC technical experts were in Brazil to provide assistance. The 
European Communities hoped to see the volume of beef  trade from Brazil restored to its previous 
levels. 
14. The representative of the OIE noted that that th is was an example of how the application of 
OIE standards, together with the strengthening  of national veterinary services and regional 
cooperation, could improve the health situati on and trading prospects of WTO Members.   
Zambia – Information on various SPS activities 
15. The representative of Zambia provided informa tion regarding its fruit fly situation, honey 
surveillance program, and the operation of its SPS Enquiry Point (G/SPS/GEN/836).  With respect to the fruit fly situation, Zambia had introduced a ne w surveillance system based on trapping and lures, 
with the assistance of the US Department of Agricu lture.  The trapping progr am would be extended to 
other parts of the country and should determine th e routes of entry and possible management options 
for fruit flies.  With regard to honey, a survey had been initiated to dete rmine whether areas of 
Zambia were free from Paenibacillus larvae subsp.  larvae  (American Foulbrood).  This was 
particularly important to avoid restrictions in market access for Zambian organic honey.  
Paenibacillus larvae subsp.  larvae  was not isolated from any of the samples.  The representative of 
Zambia also noted various assistance projects had permitted the establishment and equipping of the 
national SPS Enquiry Point, which was now fully operational.  
16. The representative of the European Communiti es noted the uniqueness of this intervention 
from Zambia.  It was a very positive development to  receive such useful information from Zambia on 
various programmes and projects in the SPS field.  Honey was a major export product, and probably 
one of the easiest animal products to export, he nce the information by Zambia on its experiences 
could be useful for other Members.  The repres entative of the European  Communities encouraged 
other Members to follow the example of Zambia in providing feedback on experiences and on various SPS-related projects. G/SPS/R/49 
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  III. SPECIFIC TRADE CONCERNS 
(a) New issues 
Egypt's restrictions on heat-treated products in relation to avian influenza – concerns of the 
European Communities  
17. The representative of the European Commun ities noted that they had held bilateral 
negotiations for some time with regard to Egypt's import restrictions on heat-treated poultry products.  
Egypt permitted imports only from countries free of Av ian Influenza, which was not in line with the 
OIE standards.  This measure was disproportiona te to the risk.  The European Communities hoped 
that its good relationship with th e Egyptian authorities, which had permitted the resolution of many 
concerns in the past, would enable a rapid resolu tion to this problem.  The European Communities 
formally was requesting that Egypt review its import restrictions and bring them in line with the SPS 
Agreement. 
18. The representative of Egypt recalled that the Working Procedures adopted by the SPS 
Committee (G/SPS/1, paragraph 3) indicated that rele vant Members should be informed in advance of 
a meeting of the intention to raise an issue which concerned that Member.  The representative further 
recalled that Egypt had previously experienced an outbreak of Avian Influenza, and was making all 
efforts to prevent a re-introduction of the disease.  During recent bilateral technical consultations the 
European Communities had provided information, including on treatment methods, that was required 
in order for Egypt to undertak e a risk assessment.  The risk assessment was under way, and the 
comments of the European Communitie s would be taken into account. 
Mexico's import restrictions on cooked and frozen meat – Concerns of Brazil 
 
19. The representative of Brazil noted that his count ry's concerns related to cooked frozen meat 
from areas free of Foot and Mouth Disease (FMD).  A ccording to the OIE Terrestrial Animal Health 
Code,. heat-treatment of meat guaranteed its safet y.  Therefore, there was no scientific basis for 
Mexico's decision not to permit meat from Brazil.  This decision was also not in line with NAFTA 
practices, since both the United States and Cana da imported th9s product from Brazil.  Brazil 
requested details from Mexico on the criteria used fo r the evaluation of processing facilities.  This was 
not the first time that there had been undue delays  in Mexico response to such problems;  these had 
previously occurred in the sending of auditing t eams to Brazil.  Brazil was concerned with the 
unpredictable and protectionist practices of Mexico. 
20. The representative of Mexico recalled that a bilateral exchange had taken place in August 
2007, regarding a Memorandum of Understanding betw een sanitary services to cooperate in certain 
areas and address trade concerns.  A monitoring gr oup had met to discuss bilateral issues, and had 
agreed on the need for a technical subgroup to meet  to discuss this issue, however the subgroup had 
not yet met.  Mexico was now analyzing the deta iled information on cooked frozen meat that it had 
received from Brazil, and would continue to work with Brazil on all bilateral SPS issues. 
EC Maximum Residue Levels for Ethephon in pineapple – Concerns of Ecuador 
 
21. The representative of Ecuador noted his country's concern about possible modification of the 
EC Maximum Residue Levels (MRLs) for Eethephon, particularly in pineapple.   The European 
Communities was currently using the Codex standard s, but a re-evaluation of these MRLs by the 
European Food Safety Authority ( EFSA) had resulted in a lowering of the Acceptable Daily Intake 
(ADI) levels.  EFSA was now reviewing MRLs in pineapple, and proposing that these be reduced 
from 2 mg to 0.05, which was the limit of detection.  Ecuador considered that the  risk assessment was  G/SPS/R/49 
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  not based on adequate scientific evidence nor on th e Codex standard, and was concerned that this 
change could have serious socio-economic consequences (see also G/SPS/GEN/841/Rev.1). 
22. The representative of Costa Rica noted that his co untry was also analyzing the effect of this 
new limit on Costa Rica's exports, and asked to be  informed of further discussions on this matter. 
23. The representative of the European Communities noted that the EC's own producers and plant 
protection industry shared the concer ns of Ecuador and Costa Rica.  They had expressed concerns that 
the reduction in MRLs was excessive and not suffici ently science-based, which showed that there was 
no protectionist intent.  However, in the interest  of food safety it was so metimes necessary to set 
limits that created problems for producers, and Et hephon was an example of this.. EFSA had carried 
out an extremely thorough evaluation of the substance,  in particular in light of its importance, which 
had led to the recommendation to set more rigorous limits.  The EC authorities were in 
correspondence with both Ecuador and Costa Rica, and invited them to present their scientific 
evidence that the direction taken by the European  Communities was wrong.  Such evidence would be 
taken into account in other cases as well;  in th e past the European Communities had accepted such 
requests to review its risk assess ments.  The European Communities would explore every opportunity 
to be flexible in how this new MRL was applied to imports. 
US regulatory process economic analysis requirement – Concerns of Brazil 
 
24. The representative of Brazil indicated that before an import permit final rule was approved, 
the US regulatory process required not only a health risk assessment but also economic analysis of the imported product.  This longstandi ng Brazilian concern had previously been discussed bilaterally but 
remained unresolved despite the est ablishment of a bilateral committee.  The analysis was done to see 
if there would be damage to small US businesses, however it was unclear what happened when an economic impact was detected.  This time-consuming step resulted in delays in the final assessment, 
which caused economic losses to the exporting Member.  Brazil considered that this requirement was 
not in compliance with Article 5 of the SPS Agre ement, according to which only certain economic 
factors were to be considered in risk assessment s.  These did not include the analysis of possible 
economic harm that could be caused by the impor ted goods.  Brazil requested the United States to 
eliminate this economic analysis requirement. 
25. The representative of the United States noted that  Brazil's concerns appeared to be based on 
misperceptions.  The US Administrative Procedur es Act of 1946 established the regulatory process 
for all regulations.  This include d public participation in the ru le-making process, but ensured the 
scientific basis of final decisions.  Many stakeholde rs had requested that the process be expedited.  
The relevant US agencies made every effort to expe dite the process, but were required to comply with 
the legislation.  The economic analysis provided important information on the likely impact of  a 
proposed regulatory change.  But SPS measures we re not determined on the basis of the economic 
analysis – this was simply a part of the internal transparency requirements. 
Malaysia's price list for inspections – Concerns of Brazil 
 
26. The representative of Brazil observed that recently approved Malaysian legislation 
established inspection fees of US$ 30,000 per year for each Brazilian establishm ents, even if in the 
absence of any health violations.  Although Malaysia had tried to justify the fees as necessary to cover 
its costs, it was apparent that these fees were not  in compliance with the SPS Agreement.  According 
to Annex C, any fees should be equitable compared  to those charged to domestic industries, and no 
higher than the actual costs of the service.  Mala ysia was clearly overcha rging exporting countries, 
and it was not clear whether any fees we re imposed on national producers.  G/SPS/R/49 
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  27. The representative of the European Communities sh ared the concerns rais ed by Brazil, as they 
had experienced similar problems.  It was clear that the fees were not proportionate to costs, and that 
the requirement for annual payment of such fe es would discourage exporters.  Although they 
appreciated that Malaysia would cover the costs of its own inspectors when they went to other 
countries, they requested Malaysia to revise the fee schedule. 
28. The representative of Australia also  shared the concerns about the trade impact of Malaysia's 
requirement.  It was not clear how this fee schedule had been developed, or why different rates were 
applied to different trading partners. This could have significant impacts on the trade in meats, and 
Malaysia was requested to explain its current requi rements and to consider alternative approaches. 
29. The representative of New Zealand also shared the concerns expressed, and furthermore noted 
that although. Malaysia notified bilaterally inform ed New Zealand of these requirement after the fact, 
it had not submitted an official WTO notification.  He requested Malaysia to delay implementation of 
this requirement, to notify it and allow time fo r comments and discussions, and to take these into 
account. 
30. The representative of Uruguay supported the concerns raised by others, and also was 
concerned that this measure could create an unw elcome precedent if others followed the same 
example. 
31. The representative of Malaysia noted that co sts had increased and presented a strain on the 
national budget.  The fees would allow Malaysia to  continue inspections without disruption.  The 
measure was not yet in place, and Malaysia was e ngaging in consultations w ith exporting countries.  
The proposed measure had been notified in Ma rch 2008, and a comment period was provided. 
(b) Issues previously raised 
32. The Secretariat drew attention to the latest revision of the compilation of specific trade 
concerns, revision 8 of document G/SPS/GEN/204.   The basic document contained summary 
information regarding all specific trade concerns raised in the Committee since 1995, including a table 
which assigned a unique identifying number to each concern.  Addendum 1 of the document provided 
information on concerns raised for the first time during 2007, or issues previously raised on which 
further discussion took place or for which a solution was reported during 2007.  Addendum 2 contained information on concerns previously ra ised for which no discussion had occurred in 2007, 
and addendum 3 identified those issues for which so lutions had been reported prior to 2007.  This 
revision of the document was the first which had been generated through the new IMS database 
system, and Members were requested to check all of th e issues of concern to them to ensure they were 
accurate. 
India's import restrictions on animal products on th e basis of Avian Influenza (STC 185) – Concerns 
of the European Communities  
33. The representative of the European Communities i ndicated that India continued to ban certain 
EC animal products due to Avian Influenza (AI).  Although India had earlier this year relaxed the ban 
for some products, it continued to ban many commod ities.  India imposed the ban in response to both 
high and low pathogenic strains of AI.  The OIE, ho wever, did not recommend trade bans if AI was 
present only in wild birds, or if low pathogenic strains were found.  The obligation to notify cases of low pathogenic AI to the OIE should not be misuse d as a reason to impose trade restrictions, as the 
OIE had previously clarified in this Committee.  Fu rthermore, heat-treated products could be safely 
traded regardless of the AI status of the expor ting country.  The European Communities considered 
also that India's ban on pigmeat and pork products based on AI concerns was disproportionate to the 
risk.  Although the European Communities had request ed information regarding what needed to be  G/SPS/R/49 
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  done to regain free status, India had not provided any response.  As indicated previously, the 
European Communities was of the view that India' s measures were disproportionate to the risks and 
for some products were not based on scientific evid ence.  In addition, high pathogenic AI had been 
found in India , and the European Communities ques tioned whether Indian do mestic products would 
be subject to the same treatment as imported goods. 
34. The representative of the United States stated that her country shared the concern. that India's 
measures were introduced and maintained without suffi cient scientific basis or a risk assessment.  The 
measures were unjustifiably restrictive and too br oad in geographic and commodity application.  
Bilateral exchanges had allowed progress on some areas, but not regarding the AI measures.  Despite requests, the United States had not yet received copi es of India's risk assessment.  Furthermore, these 
emergency import prohibitions had been extended again (G/SPS/N/IND/46/Add5)., after having been 
in place for almost two years.  The United States ur ged India to lift AI measures that were not based 
on science, and in particular to distinguish betw een high and low pathogenic strains, recognize 
disease-free zones, not apply measures to swine and pork products, and  to recognize measures taken 
to inactivate the virus. 
35. The representative of Australia noted that her c ountry shared the concerns of the European 
Communities and the United States, and urged I ndia to base its measures on sound science and the 
OIE standards.   
36. The representative of Mali reported that since his country did not know how to do a risk 
assessment with regard to AI, it had closed its borders to poultry imports from countries which had 
the disease. 
37. The representative of India noted that AI continued to spread, and that it had serious human 
health implications with hundreds of persons alrea dy affected.  India had previously had an outbreak, 
and despite its efforts to eradicate the disease, new outbreaks had occurred.  Therefore India was 
extremely cautious to safeguard animal and human health, especially as India had a widespread, small 
family poultry businesses.  India was not permitting imports from affected countries.  India viewed 
low and high pathogenic strains of AI with equal concern, regardless of whether in poultry or wild 
birds.  Low pathogenic AI presented a high potential risk, as the science showed that the virus was 
constantly evolving and there was a possibility of low pathogenic AI mutating into a highly 
pathogenic strain.  With respect to the OIE guidelin es, India had voted against the resolution in the 
last annual session which proposed that low pathogenic AI was not a concern for international trade.  
India was not the only country taking such measu res, and Egypt had apparently imposed similar 
requirements..  Pigs were potential hosts of both the AI and human viruses, and could serve as vessels 
where the viruses could mix, therefore India was al so prohibiting swine and pork products from AI-
affected countries.  India was visited by wild birds, therefore the risk of transmission of AI through this means could not be ignored.  India had recen tly reviewed and modified its measures on pathogen 
free eggs, and pet food, and agreed to provide info rmation to the European Communities shortly.  The 
concerns raised by other Members would be communi cated to technical experts in capital.  India 
assured all Members that it would abide by its WTO obligations. 
38. The representative of the European Communities cl arified that in case of Egypt, the measures 
were applied to very different commodities.  A lthough both countries had measures related to AI, 
these could not be easily compared. 
US import restrictions on cooked poultry products (STC 257) – Concerns of China 
 39. The representative of China indicated that despite  numerous bilateral meetings, including on 
the recognition of equivalence, Ch ina's cooked poultry products we re still denied access to the US 
market.  The United States had admitted that there were no technical problems with the importation of G/SPS/R/49 
Page 10  
 
  cooked poultry from China, yet imports remained re stricted due to legal problems.  The Agriculture 
Appropriations bill, which contained a specific provi sion to not allow imports from China, had been 
signed into law.  This prohibition was contrary to Articles .2.2 and 2.3 of the SPS Agreement, as the 
law was discriminatory and not science-based.  This  development set a bad precedent, showing that 
SPS measures could be easily overturned by legislation th at paid no attention to scientific factors.   
40. The representative of the United States explai ned that the Agriculture Appropriations bill 
prohibited the use of federal funds by USDA to conti nue work on this rule.  China's concerns would 
be brought to the attention of the appropriate authorities in Washington , with the aim to resolve this 
problem as soon as possible. 
EC import restrictions on cooked poultry products (STC 256) – Concerns of China 
 
41. The representative of China noted that si nce July 2002, the European Communities had 
prohibited imports of cooked poultry due to hygien ic concerns and AI.  China had taken steps to 
address these concerns and to facilitate a risk ev aluation.  China had thought the issue was now 
resolved, and that the ban should have been lifted.  This had not yet occurred, but China hoped that 
trade could soon take place. 
42. The representative of the European Communities observed that trade could take place safely 
for both cooked and fresh poultry meat, and the European Communities imported large quantities of both from a range of countries, including countries where AI was endemic in the bird population.  In the case of China, discussions had taken place rega rding the conditions under which trade could take 
place.  An agreement had been reached on these c onditions, and the European Communities had also 
expected trade to resume.  Unfort unately, there had been an obstacle.   China had explicitly agreed to 
send virus isolates to EC reference labs; but these had not yet been received.  Until these had been 
provided, the European Communities could not take the final administrative measures to allow trade 
to resume.   
43. The representative of China noted that it was possible that the isolates had already been 
provided.  However, she questioned the rationale for this request, as cooked poultry presented a very 
low risk for transmission of the AI virus. 
44. The representative of the OIE clarified that ther e were two issues under consideration.  One 
was the need to encourage transparency and di sease reporting, including sharing of information on 
isolates in order to characterize strains of the viru s.  The second aspect, not to be confused with the 
first, was the identification of which measures should be applied to trade.  There was now a lot of 
information on the risks of highly pathogenic AI and on the lack of risk associated with low 
pathogenic strains, as well as information on effec tive means for inactivation of the virus.  The 
Terrestrial Animal Health Code was also clear on lack of risk from pigs, hence no trade measures 
were warranted.  The OIE remained concerned that Members were not applying OIE recommendations.  The OIE invited Members to bri ng forward new information that might warrant a 
revision of the recommendations.  It was critical that  trade measures be proportionate to the risks, and 
that Members not apply unjustified measures.  This which would discourage reporting of disease outbreak and lead to increased risks to human an d animal health.  The representative of the OIE 
recalled that the OIE could help with the reso lution of technical disputes among Members if so 
requested. 
45. The representative of the European Communities responded to China that, as indicated by the 
OIE, it was in the interest of transparency to ha ve virus isolates.  The European Communities required 
the same data for outbreaks in EC member States, to improve scientific knowledge of  the disease.    G/SPS/R/49 
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  El Salvador's measures affecting poultry, poultry meat and eggs (STC 252 and 254) – Concerns of the 
United States   
46. The representative of the United States. repor ted that following an inspection visit in 
February, the authorities of both countries were now  working on the language for export certificates. 
for poultry meat and table eggs  The draft documen ts had been provided to El Salvador, and the 
United States hoped that this issue would soon be  resolved in accordance with the SPS Agreement 
and international standards. 
47. The representative of El Salvador confirmed that consultations had taken place, with a 
positive. outcome.  
Application and modification of the EC Regulat ion on Novel Foods (STC 238) – Concerns of 
Colombia 
48. The representative of Colombia, speaking on beha lf of Bolivia, Ecuador, Peru, Chile, Costa 
Rica, Mexico and Paraguay, recalled the concer ns previously expressed regarding the proposed 
revision of the EC Regulation 258/97, as contai ned in COM(2007)872.  The proposed regulation had 
been notified to the TBT Committee,  however these Members consider ed that it was appropriate to 
continue to consider this issue in the SPS Co mmittee.  These Members welcomed the proposed 
recognition of traditional food products from third countries, resulting from their biodiversity and 
with a history of safe use for large proportions of the populations of these countries.  This recognition 
could facilitate trade, which was particularly im portant as the production of these traditional products 
was often part of programs to dive rsify agricultural production and exports. 
49. The representative of Colombia noted that a num ber of concerns remained.  The proposed 
definition of a traditional foodstuff was that it had b een part of the diet of a large part of the 
population for at least one generation.  This definition could restrict those products that were part of 
the dietary traditions of certain subpopulations or regi ons of the country.  It would also be useful to 
clarify how a "generation" was to be defined.  Another concern was that requests for authorization 
would have to come from commercial operators, hence excluding such requests from the competent 
governmental authorities or producer associations.  These Members also suggested that information 
regarding safe use of the traditional food in other countries should also be considered. 
50. The concerned Members recognized that although the proposed process had been 
considerably simplified, a period of five months was still foreseen for consideration of a request, and 
they suggested that three months should be suffici ent.  These Members remained concerned that the 
definition of a novel food remained a product that ha d not been consumed in the EC market prior to 
1997, which seemed to bear no relation to the scientif ic evidence regarding the safety of a product. 
51. The representative of Brazil indicated that hi s country supported the concerns raised by 
Colombia on behalf of eight countries.  Brazil was still analyzing the relevant documents, but 
considered the issues raised by Colombia to be very important. 
52. The representative of the European Communities noted that issue had been raised several 
times previously.  The European Communities was curre ntly revising legislation, in particular the 
provisions on traditional products and products of biological diversity, in response to concerns raised 
by various developing countries..  A much simplif ied procedure was now bei ng developed.  A range 
of legitimate and reasonable concerns had been e xpressed, and these should be communicated directly 
to the relevant EC services, since the legisla tion was currently under consideration.  While the 
concern was that the EC legislation might be a barri er to trade in traditional products, this should be 
seen in the broader context:  The European Commun ities was by far the world's largest importer of G/SPS/R/49 
Page 12  
 
  fruits and vegetables, especially from developing c ountries, hence the import regime in general was 
extremely import friendly.   
US restrictions on wooden Christmas trees (STC 241) – Concerns of China 
53. The representative of China reiterated that no so lution had been found to the trade restrictions 
affecting wooden Christmas trees and other wooden ha ndicrafts despite three years of hard work.  
China had developed an inspection and supervision plan to ensure that the IPPC standard was 
implemented, i.e. the fumigation or heat treatment of these products.  US experts had undertaken a field visit which resulted in a positive evaluation.  The US pest risk assessme nt was reportedly in the 
final stage, and the delegate questioned whether this  had now been finalized.  China  wished to know 
when trade would be resumed, and how China's wo rking plan was being taken into account by the 
United States. 
54. The representative of the United States recalled that the restrictions had been imposed 
following the interceptions of large numbers of  live pests on Chinese wooden handicrafts over a 2-
year period.  Of particular concern were intercep tions on products that had been fumigated or heat-
treated.  The United States had sought input from th e Chinese authorities to develop a plan of action 
to address the problem, but had received no response.  As a result of continued interceptions, in April 
2005 the United States suspended importation of  wood handicraft items from China that contained 
wooden logs, limbs, branches or twigs greater than one  centimetre in diameter and intact bark.  The 
United States had shared its risk assessment with  Chinese authorities, and undertaken a number of 
bilateral technical meetings.  The United States was now developing a proposed rule on import 
requirements, that would likely be published within nine months.  The objective was to permit trade to 
take place with as few restrictions as possible while safeguarding agains t the introduction of 
dangerous forest pests. 
US restrictions on potted plants in growing media  (STC 153) – Concerns of China 
55. The representative of China noted that this was a long standing concern, with almost six years 
of pest risk assessments and technical. discussions.  A bilateral protocol had been signed, but could 
not take effect before the US domestic administra tive and legal procedures were finalized.  However, 
when the United States had published the final rule, this established more stringent requirements than 
those in the signed protocol, and made exports impo ssible.  China requested an explanation of the 
differences between the Final Rule and the protocol, and how the principle of taking the least trade restrictive measure possible had been taken into account. 
56. The representative of the United States confirmed that although the import requirements for 
penjing  had been the subject of extensive bilateral di scussions in the past, this issue had not been 
raised by China at bilateral plant health talks in February 2008.  The United States required dwarf 
plants to be produced under phytosanitary secure cond itions for 2 years prior to import.  Plants less 
than 2 years old were not subject to this requireme nt as they posed a lower risk.  In 2003, the United 
States had provide a proposed work plan to Chin a that would ensure production conditions met US 
requirements.  Since that time, however, China had not engaged with US plant health officials on the 
work plan, which was necessary in order for trade to  take place.  The United States looked forward to 
working on the resolution of this issue with China. 
(c) Consideration of specific notifications received 
G/SPS/N/OMN/22 
 
57. The representative of the European Commun ities expected appreciation to Oman for 
respecting the transparency provisions and providi ng this notification.  However the requirement  G/SPS/R/49 
 Page 13 
 
 
  being notified, that health certificates required ratification by national embassies, was not just a 
requirement imposed by Oman or by the Gulf C ooperation Council (GCC) countries.  Other Members 
were imposing a similar requirement.  Health certificates issued by  competent authorities' should not 
need to be ratified by embassies, as this lead to additional steps, fe es, and undue delays .  Furthermore, 
sometimes embassies refused to provide such ratif ication, creating additional trade delays and 
problems.  The European Communities wanted to ra ise this issue before th e problem became more 
widespread, and suggested that administrative procedures should be simplified and respect WTO 
provisions. 
58. The representative of Saudi Arabia noted th at although his country was a member of the 
GCC, his comments were not being made on behalf of GCC members as a whole.  He noted that all 
possible efforts were being made to draft a manual that complied with the relevant international 
standards, particularly those of Codex.  Althoug h the measure was to have entered into force in 
January 2008, this had not yet occurred.  Some conc erns that had been identified should be resolved 
when the standard was revised.  The draft was in Arabic, and many of the concerns were due to 
misinterpretations.  An official English transla tion was underway and would be available along with 
the revision of the text.  GCC countries were depe ndent on other countries for their food supply, and 
would make every effort to ensure fair trade for both sides.  Saudi Arabia would discuss these issues 
bilaterally. and would also bring the matter to the attention of the GCC secretariat.   
(d) Information on resolution of issues 
Canada's restrictions on Enoki mushrooms (S TC  229) – Concerns of Chinese Taipei 
59. The representative of Chinese Taipei reported that the issue of Canada's restrictions on the 
importation of Enoki mushrooms had been resolved.  This issue had first raised been in 2006, and 
since then there had been constructive technical dialogue on several occasions.  Scientific evidence 
and information on pest risk assessment had been  provided, and Canada had undertaken on-site 
inspections.  Consequently Canada had lifte d its ban with effect from January 2007. 
60. The representative of Canada confirmed that th is issue had been resolved due to a close 
collaborative working relationship between technical officials.  Following the visit of Canadian 
officials to Chinese Taipei, import permits had been  issued during 2007 and Enoki mushrooms  were 
now being imported into Canada. 
Japan's import suspension of heat-processed stra w and forage for feed (STC 222) – Concerns of 
China 
61. The representative of China reported  that follo wing the provision of information  requested 
by Japan, Japan had subsequently lifted the ban on  imports of heat-processed straw and forage for 
feed from China.  The representative of Japan conf irmed that a solution had been reached on this 
matter.  
IV. OPERATION OF TRANSPARENCY PROVISIONS 
62. The Chairman drew attention to the most recent list of national notification authorities 
contained in G/SPS/NNA/13 and the most recent list of national enquiry points contained in 
G/SPS/ENQ/23.  The notifications received since the last meeting of the SPS Committee were summarized, on a monthly basis, in G/SPS/GEN/ GEN/811, G/SPS/GEN/813, G/SPS/GEN/814, G/SPS/GEN/820 and G/SPS/GEN/827.  Document G/SPS/GEN/817 identified all SPS documents submitted by Members, Observers and the Secretariat during 2007.  G/SPS/R/49 
Page 14  
 
  (a) Chairman's report on informal meeting 
63. The Chairman reported that at its informal meeting on transparency on 1 April, the 
Committee had structured its discussions around the specific recommendations that had come out of 
the workshop on transparency held in Octobe r 2007.  These recommendations involved the following 
six issues: 
(i) revision of the Recommended Transparency Procedures contained in G/SPS/7/Rev.2; 
(ii) training and dissemination on the SPS Information Management System as well as 
other sources of SPS-related information; 
(iii) regular updates on the level of implem entation of transparency provisions; 
(iv) explanatory documents on timeframes relate d to transparency obligations and on 
benefits of the SPS Agreement; 
(v) establishment of a mentoring mechanism between officials responsible for 
implementing the transparency provisions in different Members;  and 
(vi) development of a practical procedural manual. 
64. With respect to the revision of the recommended transparency procedures, Members had held 
a very fruitful discussion based on a Compilation of Proposals from Members circulated by the 
Secretariat in G/SPS/W/215/Rev.1.  Also, Arge ntina and Chile had provided written comments on 
these proposals in documents G/SPS/W/220 and G/SPS/W/221, respectively.  Members had agreed on many of the suggested modifications, however ther e were a few issues requiring further reflection by 
the Committee. 
65. In light of the discussions, the Secretariat had prepared a Room Document highlighting the 
modifications suggested during the informal meetin g, which was available for consideration at the 
regular meeting of the Committee. 
66. With respect to the second recommendation on training and dissemination on the SPS 
Information Management System, the Secretar iat had provided a brie f update on the recent 
enhancements to the  SPS IMS, including the possibilit y to rapidly generate monthly, weekly or daily 
summaries of notifications.  This had been follo wed by an update from the FAO on the International 
Portal on Food Safety, Animal and Plant Health, underlying the co-operation between the WTO and 
the FAO on establishing linkages between the SPS IMS and the Portal.  Also, the representative of the 
IPPC had presented the International Phytosanitary Port al, highlighting the central role of the Portal in 
all information exchange and dissemination in areas covered by the IPPC.   
67. With respect to the third recommendation on re gular updates on the level of implementation 
of transparency provisions, the Secretariat had co mmitted to circulating annual updates.  The next 
update would be prepared for the October 2008 meet ing of the Committee.  At the same time, the 
Secretariat indicated that Members themselves could undertake such analyses using the SPS Information Management System, which was accessible on the Internet. 
68. Due to time constraints, the fourth reco mmendation related to " timeframes" had been 
considered during the informal meeting on special  and differential treatment and discussions on the 
mentoring mechanism and the procedural manual were  deferred to the transparency agenda item of 
the formal meeting of the Committee. 
69. Following the Chairman's oral report of the in formal meeting, the Committee considered the 
room document highlighting further proposed m odifications to the recommended transparency 
procedures.  Many Members indicated that the dr aft now provided a good basis for a decision by the  G/SPS/R/49 
 Page 15 
 
 
  Committee, although some further modifications we re suggested on several points.  While some 
Members suggested that more time should be prov ided to consider the proposed revision, others 
pointed out that the Committee had first begun discussing the revision of the transparency provisions in June 2007, and that this had been the focus of a special meeting in October 2007.  The proposed 
revisions thus reflected extensive previous  deliberations and could now be finalized. 
70. Several Members insisted that the revi sed recommended procedures should include 
provisions relating to the notification of requests fo r recognition of pest- or disease-free areas, and the 
notification of the responses to such requests.  Ot her Members noted that transparency regarding the 
recognition of pest- or disease-free areas was include d in the proposed guide lines on regionalization, 
which were also before the Committee for adoption.   The Committee agreed that should the proposed 
decision on regionalization not be adopted, then the provisions regarding transparency contained in 
that proposed decision would be included in the pr oposed revision of the tr ansparency procedures. 
71. The Committee adopted the revision to th e recommended procedures on transparency 
(G/SPS/W/215/Rev.2) on an ad re ferendum basis, with any objec tions to be submitted to the 
Secretariat at the latest by 30 May 2008.  No obj ections were raised and the adopted decision was 
subsequently circulated as G/SPS/7/Rev.3.  
(b) Other matters relating to transparency 
72. The Secretariat reported that the updated ve rsion of the new SPS document management 
system, the SPS IMS, was now operational and being used by the Secretariat for the preparation of a number of documents.  Members would probably fi nd useful the new features which facilitated the 
quick preparation of customized reports, for exam ple on notifications affecting specific products or 
regions, as well as providing up-to-date information on contact information for SPS notification 
authorities and enquiry points.  
73. The Chairman recalled that the Secretariat ha d been requested to develop a procedure and 
formats for the implementation of an informal mentoring mechanism to facilitate contacts and 
assistance between Member's SPS Notification Authoriti es and Enquiry Points.  The Secretariat noted 
that a procedure and formats had been proposed  in document G/SPS/W/217, and any comments or 
endorsement of the proposed procedure were invite d.  One developing country Member had already 
provided a response, offering to provide me ntoring to other interested Members. 
74. The representative of New Zealand stated that the Secretariat's proposal was straight-forward 
and useful.  Mentoring could be a very cost-effec tive way to provide assistance.  The details of the 
assistance to be provided should be worked out bila terally.  Mentoring was essentially about sharing 
experiences, without any commitment to providing other assistance.   
75. The Secretariat drew attention to the availability on the WTO web site of the draft of the 
detailed procedural manual which w as being developed by New Zealand, Australia and Oman.  Given 
the size of the draft document, the draft had not been circulated on paper, as noted in document G/SPS/GEN/824.  The final version of this pro cedural manual would not be an official WTO 
document, but it would be printed and distributed by the WTO Secretariat in the same manner as the 
current transparency handbook. 
76. The representative of New Zealand noted that the draft manual was presented in sections 
which corresponded to different systems, for exampl e, one section addressed how to manage a paper-
based system, as opposed to a system based on elect ronic communications and files.  New Zealand 
and the co-authors invited Members to consider the draft manual and to provide comments. G/SPS/R/49 
Page 16  
 
  V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT 
(a) Chairman's report on informal meeting 
77. The Chairman reported that at an informal m eeting held on 1 April, he had first reminded 
delegates that when the Committee had agreed on the extension of the procedure to enhance the 
transparency of special and differential treatment in  February 2006, it agreed to review the procedure 
again at the Committee's first meeting in 2008.  Un fortunately, since the 2006 review, there was still a 
paucity of experiences on the use of this procedure. 
78. In addition, a number of the modifications to the G/SPS/33 procedure proposed by Egypt 
were being considered in the context of the revision of the "Recommended Procedures for 
Implementing the Transparency Obligations of th e SPS Agreement"  (G/SPS/W/215/Rev.1).  Changes 
in the transparency procedures would have some  consequential changes to the corresponding steps 
described in G/SPS/33. 
79. Therefore, at the informal meeting, the Committe e had considered that it would be useful to 
postpone the review of G/SPS/33 until a decision was made on the revision of regular transparency 
provisions.  It was thus suggested to revert to the review of G/SPS/33 at the next Committee meeting 
in June 2008. 
80. With regard to other S&D issues, Egypt ha d observed that some proposals made at the 
Special Session of the Committee on Trade and Devel opment (CTD SS) relating to Article 10.3 of the 
SPS Agreement might impact procedures of the SPS Committee.  Egypt was concerned that the CTD 
SS might agree on procedures to grant waivers to developing countries that the SPS Committee would 
find difficult to implement.  It was suggested , therefore, that the SPS Committee should seek to 
establish linkages with the CTD SS.  
81. Egypt had suggested that it would be useful fo r the Committee to be briefed at each meeting 
on the relevant on-going discussions taking place in th e CTD SS.  One possibility was to invite the 
chairperson of the CTD SS to report on this work at the next meeting of the SPS Committee.  
82. With respect to the implementation of Article  10.4 of the SPS Agreement which provided for 
Members to encourage and facilitate the active partic ipation of developing countries in the work of 
the relevant standard setting bodies, Egypt sought information from the three sister organizations on 
the participation of developing countries in their wo rk.  Egypt suggested that it would be useful if 
Codex, IPPC and OIE included information about the le vel of participation of developing countries in 
their activities as part of their regular reports to the SPS Committee meetings. 
83. Codex had reminded delegates of the existe nce of the Codex Trust Fund, which was 
established in 2004 to enhance participation of deve loping countries in Codex meetings.  An annual 
report on the number of delegates from developing countries sponsored by the Codex Trust Fund to 
attend the meetings of the Codex Alimentarius Co mmission or its subsidiary bodies was available and 
could be provided to delegates. 
84. IPPC had explained that IPPC's Trust Fund was supporting the participation of 80 developing 
countries to the next annual meeting of the CPM.  It also had allowed the organization of workshops 
in 140 countries on draft ISPMs and ensured a good re gional representation in all strategic meetings.  
Capacity building activities were also conducted. 
85. OIE had called attention to a report on capac ity building activities it had undertaken to 
enhance the understanding of OIE's procedures and par ticipation of developing countries in its work.   G/SPS/R/49 
 Page 17 
 
 
  Two-thirds of OIE's members were developing coun tries and efforts were made also at the regional 
level to enhance the participation of developing countries. 
86. The Secretariat had presented the document G/SPS/GEN/819 on time-frames relating to the 
introduction of new SPS measures.  The paper had been  prepared in response to Members' request for 
clarification of the relationship between the various steps involved in the drafting and notification of a 
new or modified SPS measure and its applica tion, and in particular the obligation and 
recommendations regarding time-frames for each step.  The Secretariat had stressed that the document 
presented its own understanding of this relationship and th e applicable time-frames.  
87. Cuba had indicated that the document expl ained clearly the procedures and enhanced 
understanding of delegates.  Cuba suggested that the document be examined by the Committee with a 
view to its eventual adoption as a decision by the Committee. 
88. In commenting on the Chairman's oral report,  the representative of Cuba noted that her 
country supported the suggestion by Egypt regarding the need for coherence be tween the work of the 
SPS Committee and that of the CTD SS on Article  10.  The representative of the European 
Communities agreed that it was important to ensu re that each body knew what was going on in the 
other, and consult at the national level with colleagues.  At the sa me time, one shoul d avoid reopening 
issues which were under discussion in other bodies.  The CTD was addressing many areas of WTO activities, not just matter relating to SPS measure s, and reopening of discussions would make work 
unmanageable.   
VI. EQUIVALENCE 
(a) Information from Members on their experiences  
89. No Member provided any information under this agenda item. 
(b) Information from relevant  observer organizations 
90. The representative of the Codex recalled that the Codex Committee on Food Import and 
Export Certification and Inspection Systems (CCF ICS) had been working since 2004 on providing 
additional guidance to assist both importing a nd exporting countries undertake an equivalence 
determination.  In November 2007, Codex members agreed to advance to Step 5/8 the appendix to 
guidelines on recognition of equivalence.  If adopted  by the Codex Alimentarius Commission in July 
2008, this appendix would be included in the Codex guidelines and complete the work in this area. 
91. The representative of the OIE indicated that guidance regarding rec ognition of equivalence 
were included in the Terrestrial Animal Hea lth Code.  However, there was no new work on 
equivalence,  as no OIE members had requested a review of this text. 
92. The representative of the IPPC recalled that  the Committee on Phyto sanitary Measures had 
approved the International Standard for Phytosan itary Measures 24, guidelines for the determination 
and recognition of equivalence.  Also ISPM 1 includ ed provisions with regard to the recognition of 
equivalence.   
VII. ARTICLE  6 - PEST OR DISEASE FREE AREA 
(a) Chairman's report on informal meeting 
93. At the informal meeting on 1 April, the Chai rman had recalled that the Committee had been 
kept informed about the work of a small group of Members to advance the development of procedures G/SPS/R/49 
Page 18  
 
  to provide more certainty and clarity regardi ng the process, information requirements, and time 
necessary to start and to complete decisions on th e recognition of pest- or disease-free areas.   
94. In February, New Zealand, who had chaired this  ad hoc group, had submitted a draft text on 
behalf of the group for consideration by this Comm ittee.  This draft text had been circulated as 
document G/SPS/W/218.  Unfortunately, Mr Keawe Woodmore, who had chaired this group, was 
unable to come to Geneva to present the draft text.   
95. The Chairman had read out a message to the Committee from Mr. Woodmore.  In this 
message, Mr Woodmore had explained that the text  reflected the significant contribution made by 
each member of the small group as well as his own judgement on where consensus was likely to lie.  The small group had represented a wide cross-sect ion of the Committee and the positions on this 
issue.  He had emphasized that in his view, the te xt reflected the middle ground, and he had warned 
against losing what had been achieved in order to obtain some small improvements to the text. 
96. The Chairman had emphasized that the draft text represented a compromise, and that this 
implied, by definition, that no one was fully satisfied, that no Member had gotten everything they hoped to get in this text, nor had any Member been able to avoid everything that they had hoped to 
avoid.  The Chairman had cited an expression that sa id that sometimes the best was the enemy of the 
good.  That is, sometimes in the attempt to make so mething just a little bit better, the delicate balance 
of what made it good was lost.  He had asked the Committee to reflect on whether it had now reached 
that point on this issue.   
97. The Chairman had recalled that this Committee had in the past taken some very pragmatic 
approaches, for example when adopting guidelines regarding the implementation of Article 4 – the 
recognition of equivalence -- in October 2001.  Th e Committee had adopted those guidelines in full 
knowledge that several Members wanted to see specifi c elements in the guidelines further elaborated.  
The initial Decision on Equivalence hence included re ference to further work, and subsequently the 
Committee had revised the Decision to include the mo re elaborated provisions.  Perhaps a similar 
approach would be useful in this situation. 
98. Chile had introduced document G/SPS/W/222, emphasizing that the Committee had been 
working on the issue of regionalization for a long time.  In Chile's view, the Committee should adopt 
the text developed by the small group as a basis for its work in the coming years.  Many Members had 
supported this view, highlighting the fact that the draft text contained a proposal to periodically review the guidelines in light of implementation experiences.  
99. Other Members, while appreciating the progress made by the small group of Members, had 
proposed changes to the draft guidelines.  A few Me mbers had recalled that the issue of undue delays 
in the process of recognition of pest- or disease-fr ee areas had been one of their main concerns, and 
that therefore they wished to have indicativ e timeframes to enhance predictability and avoid 
unnecessary delays in the recognition process.  They had proposed removing the words "if possible" 
in paragraph 14 (iv) of the draft guidelines.  They  had emphasized that the IPPC's recently adopted 
ISPM 29 on recognition of pest-free areas and areas of low pest prevalence contained the same 
wording as that contained in this paragraph; in their view, an SPS Committee decision should go a 
little further.  They had also drawn attention to Annex C on Inspection, Control and Approval 
Procedures, which contained some relevant provisi ons on undue delays and publication of standard 
processing periods.  Other Members had proposed cha nges to paragraphs 8, 16, 21, 22 and 32 of the 
text. 
100. A few Members had recognized that some Member s who had not been part of the small group 
process might need more time to consider the text. One Member had indicated that the issue of undue  G/SPS/R/49 
 Page 19 
 
 
  delays went beyond regionaliza tion and could continue to be addressed once the guidelines on 
regionalization had been adopted. 
101. Many Members had emphasized that the current version of the text represented a compromise 
achieved after five years of discussions.  They were  of the view that the Committee should capture the 
progress on this issue embodied in the draft guidelin es and not risk going backwards by seeking small 
improvements.  They had urged Members to adopt the current version of the text and improve it 
through revisions in the future, recalling that th e draft text represented a consensus among Members 
with very divergent views.   
102. The Committee had expressed its appreciation of the work done by the small group, and 
especially by Keawe Woodmore, the Chairman of the group. 
103. Summing up, the Chairman had noted that con sensus seemed close.  He had urged Members 
to ask themselves whether they could now lock in the progress made so far, or whether to continue 
discussing the text in an open fashion with the risk  of unravelling what the small group had achieved.   
104. Following these discussions, the IPPC had drawn attention to the information in documents 
G/SPS/GEN/832 and 833.   The newest phytosanitary  standard, ISPM 29 on recognition of pest-free 
areas and areas of low prevalence, had been adopted  very quickly in response to the urgency Members 
attached to the issue.  A working group would ex amine the feasibility of international recognition of 
pest-free areas in the IPPC context. 
105. The OIE had reported that at the General S ession in May 2008 some new work related to 
regionalization might be adopted.  The OIE was  re vising the text on containment zones to facilitate 
the re-establishment of disease-free zones afte r a disease incursion.  Compartmentalization was 
another important area of work, and an STDF project was going to look at its practical 
implementation. 
106. Many Members had expressed appreciation for the work done by the OIE and the IPPC. 
107. In commenting on the Chairman's oral report, some Members agreed that the Committee was 
close to reaching agreement on this matter, but note d that in particular those Members who had not 
participated in the working group might need ti me to consult with capital-based experts on the 
proposed decision.  
108. The Committee adopted the decision on the rec ognition of pest- or disease-free areas or areas 
of low pest or disease prevalence as contained in  document G/SPS/W/218 on an ad referendum basis, 
with any objections to be submitted to the Secretar iat at the latest by 15 May 2008.  No objections 
were raised and the adopted decision w as subsequently circulated as G/SPS/48. 
(b) Information from Members on their experiences 
109. The representative of Peru drew attention to its report regarding the determination that the 
avocado-producing areas of the Peruvian coast were free of Stenoma catenifer  (Lepidoptera: 
Oecophoridae). Document G/SPS/GEN/815 provides in formation on the actions which had been 
taken by Peru since 2000 to ensure appropriate surveillance and controls, with the objective of 
expanding exports of avocadoes. 
(c) Information from relevant  observer organizations 
110. The representative of the OIE reported that the OIE was reviewing dossiers with regard to the 
recognition of certain countries as free of BSE, Foot and Mouth Disease, contagious bovine G/SPS/R/49 
Page 20  
 
  pleuropneumonia, and/or rinderpest.  Many of th ese dossiers would be proposed for approval by the 
OIE International Committee meeting in May, and a number of the dossiers regarded BSE.  The 
annual meeting would also consider the revision of re levant texts, identificatio n of containment zones, 
and collaborative programmes to facilitate the recogn ition of freedom from rinderpest consistent with 
the international rinderpest eradication programme.  The OIE encouraged Members to apply the OIE 
Code recommendations so as to facilitate trade. 
VIII.  TECHNICAL ASSISTANCE AND CO-OPERATION 
(a) Report on special Workshop 
111. The Chairman reported that on Monday, 31 Marc h many delegates had participated in an 
STDF workshop on approaches to the evaluation of SPS capacity in developing countries.  The 
workshop had been by approximately 200 particip ants from the Committee and some 15 officials 
from developing countries whose participation was funded by the STDF. 
112. During the course of the day, 10 presentati ons had been made on SPS-related capacity 
evaluation tools developed by international organizati ons.  The presentations were structured in three 
sessions, with opportunities for comments and questio ns from the floor at the end of each session.  
113. The first session had addressed specific capacity evaluation tools for plant protection, 
veterinary services and food safety with presentati ons by representatives of the International Plant 
Protection Convention (IPPC) Secretariat, the World Organisation for Animal Health (OIE), and the 
Food and Agriculture Organization (FAO).  The second session had focused on general capacity 
evaluation tools with presentations from the World Bank, the Bhutan Agriculture and Food Regulatory Authority, the International Ins titute for Cooperation on Agriculture (IICA) and 
PROMPERU
2.  In the third session, the scope of the discussion had been widened to related 
approaches to capacity evaluation, with presentati ons from the International Food Policy Research 
Institute (IFPRI), the United Nations Industria l Development Organization (UNIDO)  and the 
Convention on Biological Diversity (CBD).  
114. The presentations had illustrate d the different approaches to the evaluation of SPS-related 
capacity needs from self-assessment tools (like the IPPC 's tool) to externally-led evaluations (such as 
that used by the OIE) with variations in-betw een.  Some approaches were focused on capacity to 
comply with international standards, such as tho se of IPPC, OIE, while others took a broader view 
including the development of a vision of the desire d future capacity, such as IICA, FAO.  In some 
cases, the findings generated by the capacity evalua tion tools remained confidential while in others 
they wee publicly available.  
115. In the fourth and final session, there had been an open discussion about practical aspects 
related to the use of the different tools, including the merits of specific versus generic tools, the 
beneficiary's role in the selection of tool, its appli cation and end use, the prioritization of needs, and 
the scope for collaboration in the future developm ent and use of these tools including the sharing of 
results. 
116. From the discussion, it had become clear that there was a proliferation in approaches to SPS 
capacity evaluation, which reflected growing inte rest in the relationship between SPS and market 
access.  While the standards of three organizations (i .e. Codex, IPPC and OIE) were recognized by the 
SPS Agreement, many more organizations were i nvolved in SPS capacity bui lding and had developed 
accompanying capacity evaluation tools.  However, th is raisesdrisks for duplication in evaluations as 
well as in the design and implementation of resultant projects.   
                                                      
 2 Peru Export and Tourism Promotion Board  G/SPS/R/49 
 Page 21 
 
 
  117. Several participants had noted the importa nce of monitoring the impact of capacity 
evaluations in generating results, such as a dditional domestic resources or donor funding for SPS 
capacity building, improved trade performance, impr oved pest or disease or human health situation.  
There was recognition that limited attention had been  paid to monitoring the impact of these activities 
of to date.  
118. One of the clear messages emerging from the workshop was the need to harmonize 
approaches to capacity evaluation, while still respectin g the requirement to respond to the needs of the 
beneficiary.  Another conclusion related to the need to make the results of completed capacity 
evaluations more widely available, both domestically and internationally.  
119. The Chairman indicated that all of the presentations made at the workshop would be posted 
on the STDF website and the SPS gateway of the WT O website.  The meeting would  also be 
available as a .podcast from the STDF website. 
120. In closing the workshop, the Chairman noted  that the information session had achieved its 
objective of sharing information on the purpose and scope of the different tools that existed for 
capacity evaluation in the SPS area, and experiences a nd results of their practical application.  The 
SPS Committee would have an opportunity to discu ss the issue during the regular meeting.   
121. Commenting on the Chairman's report, the representative of the European Communities 
indicated that they fully supported the STDF taking  the role of coordinating SPS-related capacity 
building.   
122. The representative of the United States stressed that it would be useful if donors could learn 
what capacity assessments had been made and have acc ess to these.  This would create efficiencies 
and help better target technical assistance efforts.  She suggested that perhaps the Secretariat could 
assist in this regard. 
(b) Information from the Secretariat 
 STDF Update 
 123. The Secretariat provided a report on the Standard s and Trade Facility (STDF) and referred to 
G/SPS/GEN/829, which gives an overview of STDF activities.  The Secretariat expressed 
appreciation for the continued support of a grow ing number of donors and noted that 14 donors now 
participated in the work of the STDF.  Particular  thanks were given to the European Communities, 
Denmark, Ireland, Italy, Sweden, United Kingdom , Norway, Switzerland, Canada and the United 
States - which had all renewed or provided new contributions since th e last SPS Committee meeting.  
Discussions with other donors are ongoing.  The S ecretariat noted that donor participation was 
important, especially as the STDF moves towards a greater focus on coordination activities as 
outlined in detail in the STDF Operating Plan for 2008-09 and the Medium Term Strategy.  124. Coordination activities started in 2007 in the fra mework of the Aid for Trade Initiative.  The 
STDF had continued this work through pilot activ ities, in East Africa, Central America and the 
Greater Mekong Delta Sub-Region, to compile and analyse the findings of completed capacity evaluations in the SPS area and compare them with technical assistance provided.  Based on this 
analysis, gaps were identified and prioritized, a nd action plans developed to mobilize resources to 
address the outstanding priority needs.  Workshops  were planned in each region in May and June 
2008 to present the outcomes of this work.  G/SP S/GEN/812 provides further information on these 
activities. G/SPS/R/49 
Page 22  
 
  125. The Secretariat noted that the STDF workshop on capacity evaluation tools on 31 March 2008 
was the first in a series of thematic events and a workshop on "good practice"  in SPS-related technical 
assistance was planned for October 2008.  The Secret ariat thanked Members who had already replied 
to the request for information on "good prac tice" in SPS-related technical cooperation 
(G/SPS/GEN/816) and encouraged other Members to respond as the quality of the workshop would 
depend on the information received.  It was noted that the deadline for res ponses to this request had 
been extended until the end of April 2008. 
126. The Secretariat reported that the STDF was continuing its efforts to track flows of SPS-
related technical assistance but noted that some methodological difficulties had been encountered, especially with respect to tracking flows through ex isting databases.  The Secretariat expressed its 
hope to have an update of G/SPS/ GEN/726 before the end of 2008. 
127. The Secretariat reminded Members of the STDF's role as a funding mechanism for SPS-
related projects and project development activities.  The primary focus of these activities was to turn 
good ideas into projects that could be financed outside  of the STDF.  Information on funding available 
under the STDF was available in G/SPS/GEN/829. 
Other WTO SPS technical assistance activities 
128. The Secretariat informed the Committee of th e Technical Assistance Activities provided since 
the last SPS Committee meeting in October 2007: 
(a) E-Training Course on Introduction to the SPS Agreement, in English, 5 November to 
14 December 2007; 
(b) Regional Trade Policy Course for Latin American countries in Chile, 9 November 
2007; 
(c) National SPS/TBT Seminar in Nicaragua, 13-15 November 2007; 
(d) National SPS Seminar in Yemen, 20-21 November 2007; 
(e) WTO Regional Workshop on the SPS Agreement for English-speaking African 
countries, in Zambia, 10-12 December 2007; 
(f) National SPS Seminar in Costa Rica, 30 January to 1 February 2008; 
(g) Regional Trade Policy Course for the Caribbean  countries in Jamaica, 20-21 February 
2008;  
(h) E-Training Course on Introduction to the SPS Agreement, in English, 25 February to 
4 April 2008; 
(i) 43
rd Trade Policy Courses in Geneva, in English, 3-4 March 2008;  
(j) Training course on SPS notifications to Ukrainian officials, 10 March 2008; 
(k) 4th Trade Policy Courses in Geneva, in English, 10-11 March 2008;  
(l) National SPS/TBT Seminar in Belize, 11-13 March 2008; 
(m) Regional Trade Policy Course for Asian countries in Singapore, 20 March 2008. 
129. The Secretariat also reported on the upcoming technical assistance activities for 2008:  
(a) Regional SPS Workshop for some Latin Ameri can countries in Paraguay, 22-24 April 
2008;  G/SPS/R/49 
 Page 23 
 
 
  (b) Regional SPS Workshop for English-speak ing African countries, dates to be 
confirmed; 
(c) Regional SPS Workshop for Arab and Middle E ast countries, dates to be confirmed; 
(d) Regional SPS Workshop for Pacific c ountries, dates to be confirmed; 
(e) National Seminars on SPS in Rw anda, Cape Verde, Zimbabwe , Chile, India, Lao, and 
China, dates to be confirmed; 
(f) E-Training Course on Introduction to the SPS Agreement in Spanish and French, 
dates to be confirmed; 
(g) In addition, general training on the SPS Agreement would be provided during: 
(h) 45th Trade Policy Course in Geneva, in Spanish; 
(i) 46th Trade Policy Course in Geneva, in French; 
(j) 13th Introduction Course for LDCs countries in Geneva, in English; 
(k) 14th Introduction Course for LDCs countries in Geneva, in French; 
(l) Regional Trade Policy Courses for English- speaking and French-speaking African 
countries. 
130. The Secretariat also informed the Committee about the 4th Specialized Course on SPS, which 
will be held in Geneva from 29 September to 17 Oc tober.  Twenty-five participants from developing 
countries will be selected to attend the specialized course.  The speci alized course will last for three 
weeks, starting one week before and continuing one week after the October meeting of the SPS 
Committee.  The specialized course comprised an in-depth and "ha nds-on" training on SPS, with the 
participation of representative from the OIE, IPPC, a nd Codex.  Also, the follow-up to the previous 
SPS specialized course, which had been in French, w ould take place just prior to the next meeting of 
the SPS Committee.  Further information about the Specialized Course on SPS could be obtained at 
the WTO website. 
(c) Information from Members 
131. The representative of Canada provided inform ation on a Canadian technical assistance 
initiative to help countries in South America preven t and eradicate FMD.  Ca nada's contribution of 
Cdn $660,000 over two years would include labor atory equipment and training in diagnostic 
technologies, and commuter simulation modelling and simulation to assess, predict and mitigate FMD outbreaks.  This initiative was delivered in coope ration with IICA and the Pan-American Health 
Organization's FMD Center for South America.  The contribution was addressed to two main projects.  
One was to enhance diagnostic cap abilities in countries of the And ean region to facilitate rapid 
responses to a disease occurrence.  The second proj ect focussed on computer simulation modelling to 
predict and mitigate FMD outbreaks, with wo rkshops in Brazil and later in Canada. 
132. The representative of the European Communiti es indicated that information regarding its 
2008 technical assistance activities was availabl e in the room for interested delegations. 
133. The representative of Mali reported that there ha d been a phytosanitary evaluation undertaken 
of eight members of the West African Economic and Monetary Union (UEMOA).  On the basis of 
this evaluation action plans had been developed an d were now being undertaken.  In addition, the 
STDF had undertaken a review of Ma li's SPS-related needs, and a pr oject had been developed with 
respect to mango exports.  This had had very po sitive effects, as mango exports from Mali to the 
European Communities had increased from 2 million tons in 2005, to over 8million tons in 2008. G/SPS/R/49 
Page 24  
 
  134. The representative of Malawi expressed appr eciation to ComMark Trust for funding the 
participation in the SPS Committee me etings since October 2008.  This was part of capacity-building 
activities.  
(d) Information from observers 
135. The representative of the Codex recalled that the Codex trust fund had been established in 
2003 and operational since 2004.  As it would soon r each the mid-point of its planned existence, an 
impact study would be undertaken.  The next m eeting of the Codex Alimentarius Commission would 
be held in Geneva during the first week of July, immediately following the next meeting of the SPS 
Committee.  The FAO/WHO would hold a side event regarding the operation of the Codex Trust Fund on 3 July, which was open to all Codex member s and observers.  At the CAC and other Codex 
meetings, several hosting countries had offered to or ganize briefing sessions for first-time participants 
to explain how to intervene and more effectivel y contribute to the Codex standard-setting process. 
136. The representative of Chile observed that the Codex Trust Fund had effectively increased 
participation of developing countries.  One of the reasons for the fund related to increased Codex 
activities, including the now annual meetings of th e Codex Commission.  This made it difficult for 
Latin American countries to participate since most of  the meetings were held in other hemispheres.  
These additional constraints should be taken into acco unt in the evaluation of the Codex Trust Fund. 
137. The representative of of the FAO reported that a new biosecurity toolkit was now available in 
three languages (English, French and Spanish).  As had been outlined during the workshop on 
capacity evaluation tools, this toolkit had alread y been used in a number of activities, including a 
training of trainers course.  More inform ation was available from the FAO website. 
138. The representative of the IPPC drew attenti on to document G/SPS/GEN/834, which listed 
recent phytosanitary capacity building projects.  These included projects in the Gambia, Mozambique, 
Tanzania, Cambodia and Indonesia.  Furthermore, th e IPPC was assisting with  a Japanese project in 
the South Pacific, a project in West Africa on traini ng in pest risk assessment, and another project in 
the Kyrgyz Republic. 
139. The representative of the OIE indicated that technical assistance was a significant area of 
activity, as detailed in document G/SPS/GEN/830.  The OIE was actively pursuing a number of 
specific initiatives, including the Program for the Eval uation of Performance of  Veterinary Services 
(OIE PVS) and the laboratory twinning initiativ e.  Although the ultimate aim was for candidate 
laboratories to reach OIE Reference Laboratory status, it was recognized acknowledged that this 
would be beyond the scope of some national laborator ies.  In such cases, twinning could bring the 
national labs closer to OIE Reference status by improving standards in specific selected areas.  
140. The representative of IICA noted that informa tion regarding the Initiative of the Americas 
programme, the STDF-funded programme for further capacity development, and the programme to 
enhance understanding and use of the relevant in ternational standards wa s detailed in document 
G/SPS/GEN/835.  The document also provided inform ation on specific regional or national activities 
undertaken by IICA. 
IX. OTHER ISSUES ARISING FROM THE RE VIEW OF THE OPERATION OF THE 
SPS AGREEMENT 
(a)
 Use of ad hoc consultations 
141. The representative of Argentina noted that th e SPS Agreement foresaw the use of ad hoc 
consultations as a means for resolving trade diffi culties.  It was clear that the mechanism of  G/SPS/R/49 
 Page 25 
 
 
  considering specific trade concerns in the Committee did not lead to the resolution of all problems.  
While the Good Offices of the SPS Chair provided another mechanism, it appeared that many 
Members did not know how to make use of this possibility.  That might explain why the mechanism had only been used three times since 1995.  Theref ore, Argentina was proposing the development of a 
more specific mechanism in document G/SPS/W/219,  without prejudice to the discussions on the so-
called horizontal mechanism which were taking place in the Non-Agricultural Market Access 
(NAMA) negotiations.  The objective was to make use of the mechanism foreseen in Article 12.2 
through the development of a very concrete pro cedure to resolve trade problems when dialogue had 
not been fruitful.  Argentina was suggesting a flexible mechanism that was not complicated and which 
would permit the establishment of a constructiv e dialogue.  The proposed mechanism foresaw 
possible intervention by the Secretariat, as well as by the three standard-setting bodies because often 
trade problems were linked to international standards.  
142. Several Members supported the suggestion by Arge ntina of a flexible mechanism that might 
be more frequently utilized than the Chairman's Good Offices.  A number of Members indicated that 
they had not had sufficient time to consider the propo sal by Argentina, and sugg ested that it be further 
discussed at the next meeting of the Comm ittee, perhaps in an informal meeting. 
143. The representative of India agreed that there had been little use of the Chairman's Good 
Offices and that a more structured procedure might be helpful.  He noted, however, that there was a 
procedure for the notification of non-tariff barriers in the context of the NAMA negotiations.  In the 
NAMA negotiations Members were considering a pr oposal similar to what Argentina had proposed, 
This was to be a flexible mech anism, in which the Chairman ha d a role, but it also allowed for 
voluntary problem solving through use of experts.  The advice of a non-technical person might not be 
acceptable, especially for SPS matters, so the NAMA mechanism built-in the use of experts.  Some 
100 Members now supported the proposal in NAMA to  develop a structure that not only looked at 
technical bodies, but could be used more widely, including in WTO Committees that did not have provisions for the use of Good Offices.  While the scope of this mechanism was still under discussion, 
considerable progress was being made regarding th e procedure.  The objective was to make the 
procedure flexible, useful, the best possible for the money.  India encouraged delegates to discuss this 
matter with their colleagues participating in the NA MA negotiations, so as to develop a structure that 
would be of use to everyone. 
144. The representative of Argentina clarified that following discussions with colleagues 
participating in the NAMA negotiations, Argentina be lieved that both approaches could coexist.  This 
proposal was without prejudice to Argentina's positi on in NAMA.  The proposal was not to create a 
new procedure, but rather to facilitate and enhance th e use of a mechanism that already existed.  This 
was one of the issues that had been identified for further work in the Second Review of the SPS 
Agreement, and no Member had opposed that sugges tion.  Argentina did not think that progress on 
this issue should be subordinated to other areas, es pecially since it related to the implementation of a 
specific provision of the SPS Agreement. 
145. While the representative of Brazil agreed in prin ciple that the two mechanisms could coexist, 
and both were going in the same, right direction.  However, he agreed with India that the Committee 
should wait to see how the matter progressed in the NAMA negotiations.   
146. The representative of the United States indicated that her country had serious concerns with 
the issues that could arise if SPS measures were subject to the proposed NAMA procedure.  The 
United States thought that the SPS Committee coul d more effectively address these issues.  
Procedures already existed for consideration of specific trade concerns, as well as for ad hoc 
consultations.  Members should consider the pot ential negative implications if SPS issues were 
addressed outside the SPS Committee.   G/SPS/R/49 
Page 26  
 
  147. The representative of Chile agreed that the SPS Committee could better address issues of a 
scientific nature, and benefited from the participat ion of technical experts from the standard-setting 
bodies.  Chile was also concerned with how issu es that fell under the scope of both NAMA and the 
SPS Agreement, such as fisheries and forestry prod ucts, might be addressed.  Several other Members 
also supported the suggestion of the United States for an enhanced mechanism to address specific 
trade concerns within the SPS Committee, noting th at rather than creating a new mechanism which 
potentially duplicated existing procedures, it would be preferable to improve the already existing 
mechanisms of the SPS Committee.   
148. The representative of India clarified that the mechanism under discussion in NAMA would 
simply identify some expedited working proce dures for each Committee to adopt to resolve trade 
problems related to NTBs.  This mechanism was fu lly voluntary, and Members could walk away from 
the process at any time.  The objective was that similar procedures should exist in all Committees 
responsible for trade in goods, but these would need  to be adopted by each Committee.  Many of the 
NTBs notified to NAMA, including by India, relate d to standards.  Although these were mainly TBT 
issues, some concerns also SPS measures.  While  the SPS Committee already had certain procedures, 
the gaps in the existing structure could be fille d in through the NAMA mechanism.  This was still a 
work in progress, so India again encouraged de legates to get in touch with their colleagues 
participating in the NAMA negotiations. 
149. The Chairman proposed that the Committee reve rt to this matter at its next meeting. 
(b) Relationship between the SPS Comm ittee and Codex, IPPC and OIE 
150. The Chairman noted that although the Committee had identified this as an issue for further 
consideration, following the discussion last June  of the Secretariat’s background note on the 
relationship with the 3 sisters (G/SPS/GEN/775) ther e had been no further proposals regarding how to 
proceed on this matter.  
151. The representative of Chile noted that none of the three sister organizations had effective 
mechanisms to monitor the applica tion of international standards by Members.  With the adoption of 
the new recommended procedures on transparency, the SPS Committee would have more information 
regarding the use of international standards throug h SPS notifications.  The Committee needed to find 
a way to make use with this information.  Chile  had previously submitted a document on this matter, 
as had New Zealand. 
152. The representative of Argentina agreed that gi ven the importance of international standards 
for developing countries, an effective means of m onitoring the use of the standards was needed.   
153. The Chairman suggested that this item should be kept on the agenda of the next Committee 
meeting only if new submissions or proposals were provided. 
X. MONITORING THE USE OF INTERNATIONAL STANDARDS 
(a) New issues 
154. No Member raised any new issue under this agenda item.   
(b) Issues previously raised 
155. There was no further discussion on issues previously raised.  G/SPS/R/49 
 Page 27 
 
 
  XI. CONCERNS WITH COMMERCIAL AND PRIVATE STANDARDS 
156. The Director-General of the OIE addressed th e Committee in the context of the document of 
the OIE regarding the issue of commercial and priv ate standards (G/SPS/GEN/822).  He observed that 
there had been many requests from developing countri es for the OIE to address this issue.  Their fears 
were that this situation, linked to the concentrati on of retailers and distribut ors, which had not existed 
at the time the SPS Agreement was negotiated, now put  at risk the basic of the SPS Agreement.  The 
OIE Board had requested Dr Vallat to launch discussi ons on this matter in the context of animal 
health standards.  They did not want the work of the three standard-setting bodies to be destroyed by the emergence of standards that were non-demo cratically established and not science-based.  
Although buyers had freedom of decision in their purchases, Dr Vallat proposed to address the aspects 
related to sanitary risk.  The OIE dealt with an imal health and zoonoses, on the basis of risk 
assessments.  OIE standards were discussed by memb ers, science-based, and democratically adopted.  
The OIE standards could provide the necessary health guarantees to buyers.  Dr Vallat was not proposing to address issues of animal welfare at this  time, although he suggested that there could be a 
future discussion on the link between anim al welfare and the TBT Agreement.   
157. Dr Vallat noted that official standards had both a horizontal and vertical aspect.  The OIE 
considered that the  preconditions for certification in international trade must always be based on the 
official Competent Authority.  Th e Competent Authority could ensure fulfilment of the international 
quality standards for veterinary services, which coul d be trusted and audited by importing countries.  
OIE could provide independent ev aluations of veterinary services upon request.  These evaluations 
were confidential, but could be made transparent in the country agreed.  This was the horizontal 
aspect of official standards. 
158. The vertical aspect of official  standards was based on risk assessments of the 100 animal 
diseases considered to pose health risks.  The OI E had developed specific standards for each disease.  
The OIE Code contained thousands of pages, based  on millions of working hours.  Compliance with 
these standards was mandatory for OIE members.  If there was a need for further requirements, these 
should be based on risk assessments, to ensure the scientific validity of the measure.  There was 
furthermore a link between animal health and food safety.  A cooperation mechanism had been 
established between the OIE and Codex to avoid dupli cation and contradictions, to ensure that there 
were no gaps between animal hea lth and food safety standards.  Th e OIE and Codex were cooperating 
on issues such as antibiotic resistance, traceability, sa lmonella in poultry, etc., through both formal 
and informal mechanisms.   
159. The OIE considered that private standards could lead to unjustified trade barriers, particularly 
as they were often stricter than the official regul ations.  Furthermore, private standards were not 
transparent, because they were th e result of private interactions.  Private standards on animal health 
presented a risk for both health and trade, especially for developing countries.  Dr Vallat stressed that 
Members had an obligation to ensure the SPS Agreement was respected.   
160. With regard to animal welfare, OIE member s had requested OIE to develop international 
reference standards in this area.  OIE was adop ting standards based on the best available science, 
which were democratically adopted by vote.  St andards had been adopted on humane methods of 
slaughter and on conditions of transport of live anim als by plane, ship or land.  Work was underway 
on the issue of production conditions, which was a difficult dossier.  Multinational companies 
supported this work on animal welfare because they, particularly the large restaurant chains, were 
confronted by public demands.  While the public de mands might not be rational, the companies were 
concerned to ensure that they could rely on sci ence-based, non-anthropomorphic standards.  OIE was 
participating in the Safe Supply of  Affordable Food Everywhere (SSA FE) initiative so as to be aware 
of the views of large companies not only on animal  welfare but also on animal health.  Although the 
Industry did not have a single, common view, most wished to see all members apply OIE standards G/SPS/R/49 
Page 28  
 
  since they operated as an anti-crisis  insurance.  Because of this, some  private funds were provided to 
help national application of OIE standards. 
161. Dr Vallat proposed that the SPS Committee conti nue to provide a forum for issues related to 
private standards in the SPS area, and that it encour age the full respect of the standards recognized by 
SPS Agremeent. 
162. The representative of Uruguay supported the vi ews expressed by Dr Vallat and proposed that 
the SPS Committee continue to address the issue of private standards as a matter of priority.  
Agricultural exports were of critical importance to  the Uruguayan economy, which had been able to 
achieve access to many markets around the world thro ugh the concerted efforts of the government and 
private sector.  However, in addition to mee ting the ever-changing SPS requirements of importing 
countries, in recent years private standards had begun to create even more restrictive additional 
market requirements.  This resulted in increased costs of production, processing and certification.  80% of Uruguay's agricultural production came from fa mily production units.  As private standards 
favoured economies of scale in production, this put most family farms at a disadvantage.  Uruguay fully supported the continued discussion of the issu e of private standards in the SPS Committee in a 
broad and pragmatic manner, to ensure that pr ivate standards not impose unjustified barriers to 
international trade.  
163. Many Members supported the view that private st andards were not part of the SPS standard-
setting system and posed an additional burden on producers, particularly small producers in 
developing countries.  The private standards were not  in line with the principle of enhancing trade;  
unlike the relevant international standards, they  were not science-based nor transparent.  These 
Members considered that this issue should be ma intained on the agenda of the SPS Committee, with 
further discussion of the applicability of the SPS Agr eement to private standards and consideration of 
the specific experiences of Members. 
164. Several Members noted that in the context of Article 13 of the SPS Agreement, Members had 
a responsibility for what took place in their territo ries.  If private companies were creating problems 
for developing countries throug h SPS requirements, this matter should be addressed by the 
Committee. 
165. A number of Members indicated that a primary concern was the potential of private standards 
to effectively undermine the work of the Codex, OIE a nd IPPC.  In this regard, they suggested that it 
would be helpful if these organizations also addressed the issue of private standards.  As the bulk of 
private SPS standards currently focussed on food sa fety, it was fortunate that Codex procedures 
provided for input from the relevant industry representatives. 
166. Some Members noted that private standards imp acted heavily also on producers in developed 
countries.  Governments could not dictate market co nditions, and private standards were a reality of 
the market.  However, there was a need to get the right balance between private standards and official 
requirements, and a number of legitimate concerns  had been raised during the discussions.  Members 
needed to support the development and use of the in ternationally developed standards, as the lack of 
strong international standards created a policy vacuum  which private standards attempted to fill.   
167. Argentina proposed that the Committee adopt a two- track approach to address this issue.  On 
the one hand, it would be useful to seek pragma tic, short-term solutions for specific problems 
identified by Members.  In parallel, Argentina sugg ested that an informal, small working group could 
address the issue of the relationship between the SPS Agreement and private standards, particular with 
regard to Article 13.  Many Members supported the suggestion for the creation of a small working 
group on the issue, and suggested that it would be useful if representatives of the three sister  G/SPS/R/49 
 Page 29 
 
 
  organizations also participated.  A number of Members also agreed that it was important to seek 
solutions for specific problems identified. 
168. The representative of UNCTAD drew attention to  a new series of publications on the market 
access and development effects of private standards on fruits and vegetables in different regions.  The 
publications were also available from the UNCTAD website.  These studies did not address the 
justifiability of private standards nor the applicability  of WTO agreements, but considered the. market 
access implications, especially of GlobalGAP, as well as the developmental implications and particular effects on small-scale farmers.  Recent initiatives to involve small scale farmers in the private standard setting processes were being examin ed.  UNCTAD was also examining the effects of 
standards related to fair trade practices, environmen tal concerns, ethical issues, and organic standards, 
in the context of the up-coming UNCTAD confer ence in May.  A side event would focus on 
sustainability standards and how to make these wo rk for small farmers.  All WTO Members were 
welcome to attend these events. 
169. The representative of the World Bank noted that  the Bank had undertaken research on impact 
of private standards, with a particular focus on the issue of the potential crowding out of small 
producers.  Most private standards dealt not only w ith health aspects, but also with environmental 
protection, value-added and other objectives.  The re search did not show that in every instance there 
was clearly a crowding-out effect on small farmers.   For example, Kenyan and Ugandan farmers had 
benefited through compliance with private standards fo r coffee.  The issue was much broader than the 
narrow mandate of the SPS Agreement.  The Worl d Bank looked forward to working collaboratively 
with whatever group may be established to deal with this issue. 
170. The representative of ISO observed that there were differences between different private 
standards.  In its work the ISO applied principles such as transparency, openn ess, consensus, etc., in 
line with the SPS Agreement.  A number of ISO st andards were formally recognized by Codex and 
ISO and incorporated in the official standards.  
171. Dr Vallat indicated that there was no clear defin ition of standards, and considerable confusion 
between international standards, private sta ndards on SPS and other private standards.  The 
representative of the European Communities, as well as other Members, noted the complexity of this 
issue and the need for the SPS Committee to focu s only on those areas which were within its 
competence.  The representative of Egypt stressed that as long as private standards were affecting 
international trade, they should be  discussed in a multilateral forum 
172. The Chairman concluded that the complexity of the issue was clear from the discussions, as 
was the fact that many Members shared serious con cerns regarding the effects of private standards.  
He concurred that the Committee should focus on ly on SPS-related issues.  He welcomed the 
suggestion of Argentina for a two- tiered approach.  One phase would be  to focus on specific examples 
and to use these to identify how th e Committee could deal with the problem as a whole.  As noted by 
Argentina, there was a need for a dialogue, not only between Members in the Committee, but also 
with other stakeholders.  In that respected th ere was relevant work also underway in other 
international organizations, including the World Bank and UNCTAD.  It could also be useful to talk 
with private standard-setters about concerns of  their going beyond science-based standards.  The 
second step could be the establishment of a small, in formal working group, which might want to focus 
on the legal relationship issues, particularly in the co ntext of Article 13.  The Chairman suggested that 
it might be useful to schedule an informal consu ltation with those Members who were interested on 
this in the margins of the next SPS Committee meeting, to determine how to proceed.   
173. The Secretariat noted that the STDF Working Group had identified the issue of private 
standards as the theme for their discussions in June.  In this context, a workshop might be organized G/SPS/R/49 
Page 30  
 
  to look at the growing body of research in this area, as well as at initiatives to facilitate compliance 
with private standards.  
XII. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS 
174. The representative of the OIE noted that the pr esentation of the Terrestrial Animal Health 
Code was being changed.  The Code would be sp lit into two volumes.  Volume I would contain the 
vertical or disease-specific standards, while Volume II would contain the horizontal standards (ethics, 
quality of veterinary services, certification, risk anal ysis etc.).  The change in presentation would not 
affect the content of the Code, although a lot of work  was underway to update a nd modernize the text.   
175. The representative of the IPPC drew attention to documents G/SPS/GEN/832 and 
G/SPS/GEN/833, which provided summaries of existi ng IPPC summaries and of the IPPC work 
programme.  Several proposals would be cons idered for approval by the Commission on 
Phytosanitary Measures at its meeting the followi ng week, including four international standards 
presented for adoption.  As noted previously, one im portant issue was the development of a technical 
assistance strategy.  In addition, the 2007 independ ent review of the IPPC would be discussed.   
176. The representative of the Codex indicated that documents G/SPS/GEN/825 and 
G/SPS/GEN/828 provided information on relevant Code x activities and standards.  Twenty meetings 
were held each year, of Codex committee and task forces.  Although the outcome of the task forces 
was equivalent to that of traditional Codex comm ittees, the task forces had a time-bound existence.  
Codex continued to work together with the OIE on th e issue of antimicrobial resistance.  Efforts were 
underway to reduce the cost implications of particip ation in the work of Codex, for example, through 
the scheduling of back-to-back meetings.  There wa s also concern about geographic concentration of 
Codex meetings, with initiatives underway to hold more  meetings in developing countries.  The next 
meeting of the Codex Alimentarius  Commission would be held in Geneva during the  first week of 
July, right after SPS Committee to facilitate part icipation.  The Maldives had become the 176
th 
member country of Codex.  plus  1 member organization.  G/SPS/GEN/828 provided a complete list of 
all Codex standards.  As all standards had a uni que serial number, these could be used to identify 
relevant standards on the new SPS notification form at.  Some serial numbers contained an R, which 
meant that these were regional, not worldwide standards.  If the app licability of such standards were 
extended, then the R was removed. 
XIII.  OBSERVERS – REQUEST FOR OBSERVER STATUS 
177. The Committee agreed to invite those organiza tions which had been granted observer status 
on an ad hoc, meeting-by-meeting basis to participate in its next meeting.  The Committee also 
decided to invite all observer organizations to  participate in its next informal meetings. 
178. The Committee was unable to reach any decision with regard to the requests for observer 
status from the Office International de la Vigne et  du Vin (OIV), from the Asian and Pacific Coconut 
Community (APCC), from the Convention on Biodiversity (CBD), or from the Gulf Cooperation 
Council Standardisation Organization (GSO).  The Committe e agreed to revert to this matter at its next 
meeting. 
XIV.  ELECTION OF CHAIRPERSON 
179. The Chairman reported that the Chairperson of  the Council for Trade in Goods had not yet 
concluded his consultations on a sl ate of names for appointment as chairpersons to the subsidiary 
bodies of the Council for Trade in Goods in accordance with the estab lished Guidelines for 
Appointment of Officers to WTO bodies (contained in document WT/L/31).  He suggested, therefore,  G/SPS/R/49 
 Page 31 
 
 
  that the election of the Chairperson of the Co mmittee be postponed until the next Committee meeting 
in June.  The election could take place at the time of the first informal Committee meeting, scheduled 
for 23 June 2008, with the Committee briefly switching to formal mode to acclaim its new Chairperson. 
XV. OTHER BUSINESS 
180. The representative of Bolivia reported that a new sanitary certification system was now in 
place.  Details of the new requirements were available from the SENASAG website. 
181. The representative of Zambia expressed appr eciation to the UK DFID for sponsoring his 
participation in the meeting.  He recalled the comments of the representative of the European 
Communities regarding the useful information that had been provided by participants from least 
developed countries.  In this re gard, he encouraged other Memb ers to consider sponsoring the 
participation of delegates from de veloping countries, as their partic ipation became more effective 
through continued participation.   
XVI.  DATE AND AGENDA FOR NEXT MEETING 
182. The next meeting of the Committee is tentatively scheduled for 24-25 June 2008
, with 
informal meetings scheduled for 23 June.   
183. The relevant deadlines for submitting ite ms for the agenda are as follows: 
(i) For providing specific comments or sugg estions on the Recommended Procedures 
on Transparency (G/SPS/W/215 ):  Thursday, 12 June 2008;  
(ii) For identifying new issues for consideration under the monitoring procedure, and for 
requesting that items be put on the agenda :  Thursday, 12 June 2008;  
(iii) For the distribution of the airgramme:  Friday, 13 June 2008.  
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