RESTRICTED  WORLD TRADE  
ORGANIZATION  G/SPS/R/40 
26 May 2006 
 
 (06-2530) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
SUMMARY OF THE MEETING OF 29-30 MARCH 2006 
 
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.......................................................................10  
(d) Information on resolution of issues...........................................................................................1 0 
IV. OPERATION OF TRANSPARENCY PROVISIONS........................................................11  
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT ................11  
(a) Chairman's report on the informal meeti ng on special and differential treatment....................11  
(b) Comments on the Chairman's report and on the African Group proposals related to 
Article 9.2 .................................................................................................................... .............13  
(c) Other matters relating to special  and differential treatment......................................................14  
VI. EQUIVALENCE (ARTICLE 4)............................................................................................14  
(a) Information from Members on their experiences .....................................................................14  
(b) Information from relevant  observer organizations....................................................................14  
VII. PEST- OR DISEASE-FREE AREAS (ARTICLE 6)...........................................................14  
(a) Chairman's report on the informal meeting on regionalization.................................................14  
VIII.  TECHNICAL ASSISTANCE AND COOPERATION .......................................................15  
(a) Information from the Secretariat............................................................................................... 15 
(b) Information from Members on technical assistance .................................................................16  
(c) Technical assistance activities ................................................................................................ ..16 
IX. ISSUES ARISING FROM THE REVIEW OF THE OPERATION OF THE SPS 
AGREEMENT ...................................................................................................................... ..17 
                                                      
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/40 
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  (a)
 Relationship between the SPS Committee and the standard-setting bodies .............................17  
(b) Undue delays................................................................................................................... ..........18  
(c) Consultations under Article 12.2 and the handling of specific trade concerns.........................18  
(d) Clarification of certain terms ................................................................................................. ...19 
X. MONITORING OF THE USE OF INTERNATIONAL STANDARDS ...........................19  
(a) New issues ..................................................................................................................... ...........19  
(b) Issues previous ly raised ....................................................................................................... .....20  
XI. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS ................................................................................................................20  
XII. OBSERVERS- REQUESTS FO R OBSERVER STATUS..................................................21  
XIII.  ELECTION OF THE CHAIRPERSON...............................................................................21  
XIV.  OTHER BUSINESS................................................................................................................2 2 
XV. DATE AND AGENDA OF TH E NEXT MEETING ...........................................................22  
  G/SPS/R/40 
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I. ADOPTION OF THE AGENDA 
1. The Committee on Sanitary and Phytosanitary M easures (the "Committee") held its thirty-
fifth meeting on 29 – 30 March 2006.  The agenda pr oposed for this meeting, circulated on 17 March 
(WTO/AIR/2785), was adopted with amendments. 
2. The WTO Secretariat pointed out problems ar ising from the fact that documents were 
being provided late und invited Members to send their submissions at an early stage and electronically. 
II. ACTIVITIES OF  MEMBERS 
Argentina's implementation of the international standard on wood packaging materials 
3. The representative of Argentina reported on a system developed by Argentina for the 
implementation of ISPM 15 of the Intern ational Plant Protection Convention (IPPC) 
(G/SPS/GEN/653).  In this respect, the Govern ment had adopted Regula tions 03/2005 and 685/2005 
of the Secretariat for Agriculture, Husbandry, Fisheries and Fruit (SAGPyA), which were being 
applied by the National Agriculture and Food Qua lity and Health Service (SENASA).  The system 
included the inscription, approval and registrati on of centres for treatment of wood packaging 
materials (Centros de Aplicación de Tratamientos  a Embalajes de Madera, CATEM), traditional wood 
drying kilns (Hornos Secaderos Tradicional es de Madera, HOSETRAM) and wood packaging 
production plants (Fábricas de Embalajes de Ma dera, FEM).  At this time, 149 CATEMs, nine 
HOSETRAMs and ten FEMs had been approved and registered.  During 2005, approximately 
8,800,000 pallets, 4,700,000 boxes, 1,600,000 bins  and 100 cubic meters of wood for stowage had 
been certified. 
4. Imports were covered by the Resolutions SAGPyA Nº 685/05 and SENASA N° 19/2002, 
which established the phytosanitary requirements fo r wood packaging materials and wood for carriage 
and/or stowage entering Argentina. 
5. The standards referred to, as well as further information about accredited firms, could be 
found on the web page www.senasa.gov.ar
.  
BSE situation in the United States 
6. The representative of the United States welcomed the removal of BSE-related bans on US 
beef, other ruminant products and live cattle by  a number of trading partners.  These actions 
represented a science-based approach to sanitary me asures and a movement towards adherence to the 
standards of the World Organization for Animal H ealth (OIE).  The United States encouraged all 
countries to follow the guidelines developed by th e OIE and to remove any remaining unjustified 
restrictions on products from the United States. 
7. With respect to the recent incident of BSE in the United States, the representative of the 
United States stressed  that th e animal was detected through the US BSE surveillance programme, in 
which 650,000 samples had been tested.  Finding one case in so many samples was neither 
remarkable nor did it compromise the safety of  US ruminant products.  This second case of BSE did 
not change the fact that BSE prevalence in  the United States remained extremely low. G/SPS/R/40 
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  China's implementation of regi onalization for animal diseases 
8. The representative of China stressed the importan ce of the animal husbandry sector for China;  
in 2004, total production volume exceeded 725 millions  tons of meat, 272 million tons of eggs and 
237 million tons of milk.  That accounted for 10.7 per cent of the meat, 42 per cent of the egg and 
2.2 per cent of the milk production worldwide.   Taking into account the vast territory and 
characteristics of the environment, animal husba ndry styles varied from one region to another in 
China.  China paid attention to the implementati on of the principle of regionalization for animal 
disease control.  In the light of the SPS Agreemen t and relevant international standards, China 
prevented or eradicated animal diseases by adop ting administrative, legislative, economic and 
technical measures, including the establishment of  non-epidemic areas, as  well as experimental 
animal disease-free areas in which more stringent  measures are taken to ensure higher level of 
protection and control of animal diseases. 
9. China had formulated a series of laws and re gulations governing regionalization, including, 
inter alia ,  the "Law on Animal Epidemic Prevention of the People’s Republic of China", the "Law on 
Agriculture of the People’s Republic of China", the "Regulations on Emergency Response to Major 
Animal Diseases", the "Requirements of Conditio ns for Animal Diseases-free Areas" and the 
"Regulations for Animal Vaccination Identification" .  China had implemented regionalization for the 
major animal diseases in order to control the introd uction and prevalence of animal diseases.  Five 
experimental animal disease-free areas had been established for foot and mouth disease, classical swine fever, highly pathogenic  and Newcastle di sease.  By 2005, accumulated investment in these 
experimental areas had reached US$200 million, with US$120 million from the central government 
and the rest from the local governments.  Major t asks had included the reconstruction of veterinary 
laboratories in terms of disease detection abilities;   establishment of identification and record 
management systems of animal vaccination to im prove traceability;  implementation of specific 
animal disease monitoring and surveillance progr ammes to improve detection and early-warning 
ability;  testing 2.3 million samples in 2005;   strengthening  animal movement control systems with 
strict animal quarantine and inspection;  cons tructing emergency-response systems to ensure 
emergency response capability for animal diseases c ontrol, etc.  Furthermore, animal movement 
control systems had been established which included  strict quarantine and inspection regulations.  
Ongoing surveillance showed that the disease-free st atus in these areas has been well maintained.   
10. Sustainable development of the animal husba ndry sector within the experimental disease-free 
areas was evident, with prominent integrated bene fits.  However, the establishment and maintenance 
of animal disease-free areas was very costly in fi nancial and technical and administrative resources.  
China would summarize its experiences with the experimental disease-free areas, broaden the 
investment channels, and continue to enhance the wo rk based on risk analysis so as to improve the 
national animal health protection level.  At the same time, China encouraged and welcomed 
information-sharing, experience exchanges and technical assistance from other WTO Members as 
well as relevant international or ganizations in this regard. 
Update on the  situation in the European Communities  
11. The representative of the European Communitie s drew attention to the comprehensive 
document providing information on EC control meas ures for  (AI) (G/SPS/GEN/641).  This document 
explained the latest legislation adopted for the prevention of AI, including cooperation with third 
countries, international institutions and research centres. 
12. The highly pathogenic strain of AI had been c onfirmed in wild birds in only 11 EC member 
States.  This reflected the very comprehensive nature  of the EC surveillance and eradication measures.  
Only two cases had been reported in commercial bird fl ocks, which had been eradicated.  In the light  G/SPS/R/40 
 Page 5 
 
 
  of these facts,  the reactions of many trading partne rs was unscientific and exaggerated.  The measures 
imposed on EC poultry meat exports had often been unnecessary.  
13. The representative of the European Communiti es invited Members to read the document 
providing information on the European Communities'  comprehensive measures on AI, not only for 
reassurance about the safety of EC exports but also with a view to developing their own approach 
towards AI. 
14. In response to a question on possible utilizati on of vaccination, the representative of the 
European Communities indicated that vaccination was not currently being used, but rather that the 
legislation set out a framework in which it might be used.  In that context, two EC member States had applied for an authorization to use vaccination un der certain, clearly defined circumstances.  The 
European Communities did not intend to make la rge-scale use of vaccination.  Furthermore, any 
product from vaccinated birds could only be traded in very special circumstances. 
15. The representative of the OIE expressed appreciati on for the high level of transparency of EC 
measures on AI and encouraged all Members to use OIE standards and avoid putting in place 
unnecessary import bans. 
Information on the lifting of the em bargo on UK cattle and meat exports 
16. The representative of the European Communities re ported that the remaining restrictions on 
meat and cattle exports from the United Kingdom to  other EC member States had recently been 
removed.  There had unfortunately been little media atte ntion to this decision, in contrast to the media 
intention during the outbreak of the disease.  The deci sion to lift the restriction had been undertaken 
very carefully on a scientific basis, and reflected the reality that European consumers were fully 
assured of the safety of beef from the United Kingdom and from elsewhere in the European 
Communities.  In light of this, the European Commu nities noted that restrictions on EC beef by its 
trading partners were no longer justifiable. 
Brazil's foot and mouth disease situation 
17. The representative of Brazil reported that out breaks of foot and mouth disease (FMD) had 
been detected only in two Brazilian states:  Mato Grosso do Sul and Paraná.  In the state of Mato 
Grosso do Sul, where the first cases of disease had been detected in October 2005, the slaughtering 
process had already been completed.  Over 33,740 animals suspected of being infected had been 
slaughtered.  Surveillance activitie s had confirmed the absence of new suspected cases in the 
surveillance zone. 
18. In Paraná, the notification of suspected case s of FMD on 21 October 2005 had been based on 
epidemiological links with the outbreak of the dise ase in Mato Grosso do Sul.   The 11 firms with 
suspected cases as well as a 10 kilometre buffer zone surrounding them had been kept under 
quarantine during the investigation.  Following the confirmation of a number of FMD cases, Brazil 
had taken the necessary measures in accordance with  the guidelines established by the OIE.  Since 
November 2005, no new suspected cases  of the disease had been detected. 
19. Biosecurity measures restricting the movement of suspected live animals, people, and animal 
products in the affected zones continued in both states. 
20. The representative of Brazil invited trading partners  to ensure that their sanitary restrictions 
were limited to the two Brazilian states affected  by the outbreaks of the disease and were in 
accordance with international standards. G/SPS/R/40 
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  III. SPECIFIC TRADE CONCERNS 
(a) New issues 
Application and modification of th e EC Regulation on novel foods 
21. The representative of Colombia raised concerns  on the application of the EC Regulation on 
novel foods (Regulation No 258/97) and with the draf t project of the European Commission to amend 
the regulation, foreseen to enter into force in 2007.   The amendment could directly affect the trade 
potential of traditional and exotic foods. 
22. Some traditional and exotic products already ha d substantial presence in the US and Japanese 
food markets, and European consum ers were now becoming interested in these food products.  It was 
important to recall, however, that these traditiona l foods had been consumed in South America for 
thousands of years.  This was in contrast to gene tically modified products which could be considered 
as real novel foods. 
23. Increased trade in traditional and exotic products  also had important socio-economic impacts, 
as the export of these products represented a measu re to decrease extreme rural poverty in South 
America and had potential to address specific social and environmental issues, such as providing 
alternatives to both the growing of  narcotic crops and to the illega l felling of protected forests.  
24. Colombia was aware of the importance of prot ecting consumer health.  However, the amount 
of information on the safety of these traditional fo od products required by the EC regulation and the 
costs to undertake scientific studies were not proportional to health risks and were excessive 
especially for small scale farmers and exporters.  The proposed amendment of Regulation 258 would 
result in a non-tariff barrier to trade with negative effects on the introduction of traditional foods into 
European markets, contrary to Articles 2.2 and 5.6 of the SPS Agreement. 
25. Columbia requested the European  Communities to consider the following points regarding the 
amendment of the Regulation 258/97: 
• The non-application of Regulation 258 to exo tic, traditional products with a history of 
safe consumption in their region of origin; 
• Greater transparency and clarity in the pro cedures and definition, giving credit to a safe 
consumption history of food in the country of origin; 
• Requirements, tests, and procedures in proportion with the nature of the foods concerned 
and the risks they could imply for consumers;  and 
• All exotic traditional products to remain in the public domain and no private entity to be 
granted privileged access to  the European market. 
26. The representative of Ecuador reported that the amendment would also affect the trade 
potential of traditional and exotic food from his count ry.  In light of Ecuador's great biodiversity, over 
the last decade international organizations like UNCTAD had been promoting the development of 
new export products ("Bio-Comercio") .  In Ecuador also the export of  traditional and exotic foods had 
major socio-economic impacts and related closely to efforts to overcome rural poverty.  Ecuador 
invited the European Communities to  consider carefully Colombia's  recommendations regarding the 
amendment.  The amendment of the regulation and its impacts were of importance for many 
developing countries.  G/SPS/R/40 
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  27. The representative of Peru added that cu rrently, within the Convention on Biological 
Diversity, countries were discussing measures and m echanisms for the preservation and sustainable 
use of biodiversity.  Contrary to that approach, the application of Regulation 258 would restrict 
greater sustainable use of traditional and exotic prod ucts, by diminishing their export potential.  The 
representative of Peru stressed the high costs and th e long period of time needed for products to be 
registered under Regulation 258 to allow them to ente r the European market.  Peru also supported the 
Colombia's recommendations regarding the amendment (G/SPS/GEN/681). 
28. Representatives of Paraguay, Costa Rica, Chile a nd Brazil reported that their exports had also 
been affected by Regulation 258/97.  Benin re quested more information on how a product was 
considered as "novel".  Argentina and Mexico both indicated that they were still in the process of 
analyzing the implications of the regulation.  India, Uruguay, Venezuela, Honduras and El Salvador 
expressed their interest in the topic and shared  the concerns of Colombia, Ecuador and Peru. 
29. The representative of the European Communities confirmed that Regulation 258/97 was being 
reviewed and recognized that some modifications we re needed.  He referred to a 40-page document  
which might answer a lot of questions and which w ould be circulated as an SPS document shortly.  
The document set out clearly the purpose and scope of the regulation, which was targeted at new food 
technologies, including genetically modified products.  As the food industry was investing in different 
new technologies, Regulation 258 aimed to reassure  European consumers of the safety of those 
technologies.  The vast majority of applications fo r authorization of novel foods had been from within 
the European Communities.  The European policy was aimed at striking the right balance between 
encouraging technical innovation and ensuring that  consumers are protected.   Some products 
marketed as "products of biodiversity" had in the pa st turned out to be unsafe and harmed the users.  
Dealing with such products was thus in the interest of all stakeholders, considering the damage to the 
image of products if they were marketed in an unsafe manner.  The representative of the European 
Communities invited interested stakeholders to  submit comments and make their views known. 
Brazil's lack of regionalization for Newcas tle disease and restriction on live birds 
30. The representative of the European Comm unities raised concerns regarding import 
restrictions applied to EC produc ts related to the failure to r ecognize regionalization and the disease-
free status of some EC member States.  France ha d made several official requests for recognition of 
regionalization for Newcastle disease to the Brazilia n authorities during 2005 and 2006, however  no 
recognition of regionalization had been made by the Brazilian competent authorities. 
31. The EC member States did not understand why Br azil refused to recognize regionalization for 
Newcastle disease while the Eu ropean Communities recognized regionalization of Brazil for 
Newcastle disease and for other major animal di seases.  A situation where a whole country was 
affected by a ban when only a limited part of its territory was affected by a disease did not fit the concept of regionalization promoted by the SPS Agre ement.  Trade had to be allowed from other 
areas or regions within a country where the disease  did not exist.  The European Communities urged 
Brazil to respect Article 6 of the SPS Agreement, to  follow the international rules set up by the OIE 
and to respond positively to legitimate requests for th e application of the principle of regionalization 
for EC member States. 
32. The representative of Brazil reported that due to an outbreak of Newcastle disease in the 
French department of the Loire Atlantique, repor ted to the OIE on 27 July 2005, on 5 August 2005 
Brazil suspended imports of live birds and avian genetic material, exclusively from that French 
department.  Another case was notified to the OIE on 21 October 2005 in the Port de Calais 
department, whereupon Brazil extended the import restric tions to the whole of the French territory.  A 
further outbreak of Newcastle disease was subseque ntly notified in another French department on 
18 November 2005.  French health authorities de nied any epidemiological connection between the G/SPS/R/40 
Page 8  
 
  outbreaks and reported that the outbreaks had been rela ted to contamination by migrating birds.  On 
25 February 2006, a case of highly pathogenic  (AI)  was identified in France, which once again was 
attributed to contamination by migrating birds.  
33. In the light of all the outbreaks attributed to migrating birds, Brazil decided to monitor the 
situation in France with regard to  bird diseases, in order to protect its own population.  Brazil wished 
to maintain good trade relations with France and the European Communities, and applied fully the 
provisions of Article 6 on regionalization.  Howeve r, the outbreaks of Newcastle disease, the available 
information and the recent occurrence of AI were a ll relevant.  Brazil was the world's largest exporter 
of chicken, and needed to maintain its status as free of AI. 
Argentina's restrictions on beef exports 
34. The representative of the European Comm unities reported that Argentina had placed 
restrictions on its own beef exports, reducing in pa rticular the quantity of beef it exported under the 
so-called Hilton Quota.  The European Communitie s understood that this measure was taken due to 
concerns about the quantities and prices of beef available on the Argentine domestic market.  However, this trade disruption could lead to a weak ening of the SPS controls necessary to ensure that 
beef exports met the SPS requirements of the Eu ropean Communities.  The European Communities 
sought assurances that its sanitary requirements could be met, particularly in terms of traceability, if 
export quantities were substantially reduced. 
35. The representative of Argentina took note of  the concern of the European Communities. 
(b) Issues previously raised 
Israel's lack of phytosanitary import legislation 
36. The representative of the European Communitie s noted that the continuing absence of 
phytosanitary import legislation in Israel led to uncer tainty for EC exporters a nd was in  contradiction 
with international standards.  Although some co rrective actions had been taken by Israel, the 
legislation continued to be in a draft stage, and fi nal approval by Israel's relevant authorities was still 
pending.  The European Communities urged Israel  to adopt national legislation containing 
phytosanitary import requirements as soon as possible. 
37. The representative of Israel stressed her count ry's full commitment to comply with the 
obligations of the SPS Agreement.  Israel was awar e of the importance of a coherent and transparent 
legislation to allow the smooth development of intern ational trade.  Israel had informed its trading 
partners that new and comprehensive draft legisla tion was under preparation.  This legislation would 
be submitted to Israel's newly elected parliament.  Israel had undertaken measures which showed its 
willingness to respond to its trading partners' concerns.  
Australia's import restrictions on New Zealand apples 
38. The representative of New Zealand observe d that 30 March 2006 was the deadline for 
submission of comments on Australia's revised draft import risk analysis for New Zealand apples.  
New Zealand hoped this meant that this long-standing i ssue could be resolved in the near future.  All 
available evidence showed that with regard to fire  blight, no measures by Australia were necessary or 
justified on commercially traded apples.  This pos ition was supported by other observers and by the 
facts and findings of the Japan-Apples  case.  Any measures applied to New Zealand apples had to be 
applied only to the extent scientifically justified as necessary to protect plant life or health, and such 
measures had to be the least trade restrictive.  He urged Australia to expeditiously complete its 
consideration of New Zealand's fourth request for market access by finalizing the import risk analysis  G/SPS/R/40 
 Page 9 
 
 
  and making a policy determination to allow for the importation of New Zealand apples into Australia 
before the end of 2006.  If a solution to this i ssue could not be found bilaterally, other options could 
not be ruled out.  
39. The representative of the United States noted that  her country also had an outstanding request 
to Australia regarding phytosanitary import condition s for apples, and urged Australia to finish and 
publish the revised Import Risk Assessment (IRA). 
40. The representative of Australia recognized the importance of New Zealand's request.  
Australia confirmed that the comment period for the revised IRA would end the following day.  
Following the closure of the comment period, Aust ralia would review the revised draft IRA and 
amend it if necessary.  A draft final IRA report woul d then be reviewed by a group of scientists to 
ensure that all stakeholder comments had be en taken into account.  A final IRA with 
recommendations would then be provided by Biosecurity Australia to Australia's Director of Quarantine for a quarantine policy determination.  An y relevant scientific information resulting from 
the Japan - Apples  case would be taken into account in the pr eparation of the final IRA, although the 
case was not directly applicable to trade in apples from New Zealand to Australia. 
Mexico's regulations affecting imports of poultry 
41. The representative of the United States expressed a ppreciation that a bilateral agreement with 
Mexico in August 2005 had resulted in the remova l of bans on US poultry in October 2005.  
However, in January 2006 Mexico had published a final measure that would modify the existing 
import conditions previously agreed upon.  This final measure had not been notified to the SPS 
Committee.  The United States requested Mexico to no tify this final measure and delay its application 
while allowing Members sufficient time to comment  on the measure before its implementation. 
42. The representative of Mexico noted that sin ce May 2004, his authorities had identified a low 
prevalence of only one low pathogenic strain of avian influenza (AI) and had established sanitary 
measures to eradicate the subtype in the country.  In 1995, the Government of Mexico published a 
National Campaign against AI.  In the United States, several subtypes had been officially identified, 
among these H72, H62, H73, H53, which had not been detected in Mexico.  A draft amendment to the 
2004 Mexican regulation had been published in notification G/SPS/N/MEX/200, for which Mexico 
had provided a period for comments by Members.  Mexico had received comments, inter alia,  from 
the US Department of Agriculture.  This notificati on indicated that the date of entry into force was 
proposed as the day following publication of the final regulation.  The final regulation had been published on 30 January 2006 and had been notified to the North American Free Trade Agreement 
(NAFTA) contact point on the same day.  However, Mexico had decided to delay the entry into force 
of the measure for 60 days, meaning that the regulation would come into force in April 2006. 
43. The representative of Mexico further reporte d that following a meeting on 8 December 2005 
between Mexican and US officials, the National He alth Service authorized the use of the Enzyme-
linked Immunosorbent Assay (ELISA) technique and equivalent mechanisms to validate different 
types of AI.  In Mexico, only the AI subtype H5N2, a low pathogen type, had been detected and it 
was important for Mexico to avoid the introduction of any other types of AI. G/SPS/R/40 
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  Israel's import restrictions on EC beef due to BSE  
44. The representative of the European Communities re ported that Israel allowed imports of beef 
only from a limited number of EC member States and only for beef coming from calves younger than 
6 to8 months.  Israel's veterinary services had i ndicated its willingness to address this issue on the 
basis of further OIE developments during the co ming months, and the European Communities would 
inform the SPS Committee of the final results of  its bilateral consultations with Israel. 
45. The representative of Israel noted that in gene ral imports of beef a nd bovine products were 
permitted, provided there was no record of BSE in the exporting country and that the import was approved by the Israeli veterinary service. 
Japan's import restrictions on EC beef exports due to BSE 
46. The representative of the European Communities indicated that despite bilateral efforts 
following the consideration of this issue at the l ast SPS Committee meeting, progress on this issue had 
not been satisfactory.  In the light of favourable developments of the disease situation in the European 
Communities and due to recent changes in the OIE Te rrestrial Animal Health Code chapter on BSE, it 
was time for Members to implement internationa l standards for BSE.  The European Communities 
could satisfy Japan's requirements related to the feed  ban and its enforcement;  the removal of specific 
risk materials;  and an effective system of id entification and registration and traceability for bovines 
and their products.  Japan had denied the EC reque st to perform BSE risk assessments for interested 
EC member States, in contravention of Articles 2.3 and 3.3 of the SPS Agreement.  The European 
Communities invited Japan to review its ban on impo rts of EC beef on the basis of a risk assessment 
and noted that useful discussions had been held just prior to the meeting. 
47. The representative of Japan indicated that BSE posed a great challenge for his country.  Japan 
had decided in January 2006 to hold technical c onsultations between experts from Japan and from 
those EC member States interested in exporting beef to Japan. 
(c) Consideration of specific notifications received 
G/SPS/N/ECU/9 
48. The representative of Ecuador noted that a number of trading partners seemed to have 
concerns or misunderstandings w ith regard to its recent notification on export certificates 
(G/SPS/N/ECU/9).  Ecuador was preparing a new regi stry system for export certificates, and would 
shortly circulate more information on this registry through the WTO Secretariat. 
(d) Information on resolution of issues 
49. The Secretariat reminded Members that specific trade concerns previously raised in the 
Committee were not considered to be resolved unl ess the Member who had raised the issue reported 
to the Committee that it had been resolved.  The Chairman invited Members to provide any relevant 
information on outstanding trade concerns to the Secretariat.  
Various concerns raised by Argentina 
50. The representative of Argentina in formed the Committee that they  had recently reviewed  the 
outstanding trade concerns identified in document G/SPS/GEN/204/Rev.5 and Addendum 1.  
Argentina's concerns regarding China's import rest rictions on fruits and other products had been 
resolved.  Argentina also thought it important to report to the Committee on progress made on those 
issues which were not yet resolved.  With regard to regulations on citrus canker by the European  G/SPS/R/40 
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  Communities, negotiations were underway betw een members of the Mercado Común del Sur  
(MERCOSUR) and EC member States.  Concerning th e issue of US import restrictions on Argentina's 
citrus fruits, a new risk analysis had been undertak en by Argentina.  Bilateral negotiations between 
Venezuela and Argentina on potato trade were likely to be solved through recognition in 2006.  Concerning Cuba's import restrictions on apples and p ears, it had been agreed to reinitiate bilateral 
consultations. 
Australia's restrictions on table grapes 
51. The representative of Chile reported that afte r discussions with Australian authorities on 
Australia's table grape policy, a joint work pl an had been agreed to resolve the issue.  
IV. OPERATION OF TRANSPARENCY PROVISIONS 
52. The Secretariat provided information on the st atus of the development of the SPS document 
management system, which would include all SPS no tifications and other documents.  It further 
would include data on specific trade concerns as well as other SPS related documentation.  Moreover, 
the database provided sophisticated search tools.   The Secretariat hoped to be in a position to 
demonstrate the database to interested Members in June, and to make it available for Members before 
the end of the year.  
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT  
(a) Chairman's report on the informal meeting on special and differential treatment 
53. The Chairman welcomed the rich discussions  enjoyed by the Committee on the issue of 
Special and Differential Treatment at the informal meeting held on 28 March.  The presentation of a 
revised proposal by the African Group dealing with  Article 9.2 of the SPS Agreement had been the 
catalyst for this substantive exchange of views among Members.   
54. Egypt had first introduced the new text, expl aining that it addressed concerns expressed by 
Members in relation to the earlier proposals, whilst pursuing the objective of making the special and 
differential treatment provisions more precise, e ffective and operational fo r developing country 
Members who faced market losses due to SPS measures.   The text proposed that if a developing 
country Member requested consultations regarding pr oblems that might arise for its exports due to the 
SPS measures of an importing Member, the Members should enter into consultations to resolve the 
problems.  Resolution could take the form of ch anges to the measure, tech nical assistance to the 
developing country, or agreement on other means to  assist the developing country Member maintain 
its market access for the product concerned.  The resolution of issues should be notified to the SPS 
Committee.  Any technical assistance provided to r esolve trade problems would be fully funded, so as 
to avoid financial obligations on the part of the recipient. 
55. Although the text had only been tabled at the meeting itself, both the initiative and text had 
been broadly welcomed.  Many developing coun try Members had supported the revised proposal, 
noting how it would help address the problems wh ich they faced in complying with the SPS 
requirements of their trading partners.  Burkina Faso  and Côte d'Ivoire had un derlined that technical 
assistance was an integral part of the Doha Devel opment Agenda (DDA).  China had stressed the need 
for technical assistance against a background of Memb ers' appropriate level of protection (ALOP) 
becoming ever more exacting and a growing number of measures had become more stringent than 
those developed by the international standard-setti ng bodies.  New Zealand, Canada and the European 
Communities had also indicated that they cons idered the text a positive contribution to the 
Committee's work. G/SPS/R/40 
Page 12  
 
  56. The Chairman reported that several Members had sought clarification about the relationship 
between this revised proposal and the procedure for transparency of S&D prev iously adopted by the 
Committee (G/SPS/33).  Egypt had noted that the sp irit of G/SPS/33 was to be found in the proposal, 
but that the proposed language was more specific to the situation of developing countries.  The proposed notification of resolution of problems coul d be done using the previously agreed mechanism 
in G/SPS/33.  The European Communities had cautioned that not all problems raised by exporting 
developing countries would find positive resoluti on.  In response, Egypt had underlined the 
dependence of developing countries on export reve nues from certain markets and the objective of 
maintaining and expanding market access. 
57. The European Communities and Japan had highl ighted problems in relation to providing 
technical assistance on a fully-funded basis.  EC  rules required some co-financing so as to avoid 
problems of moral hazard and to ensure commitment to projects on the part of beneficiaries.  Benin and Côte d'Ivoire had both e xpressed concerns over financing re quirements imposed on developing 
country Members due to the paucity of resources a nd the reduction in potential export receipts that co-
financing might imply.  Egypt had observed that while  co-financing could work in some situations, it 
would not work in all.  
58. Japan had stressed its continuing concern about any re-opening of the SPS Agreement.  Egypt 
had noted that the African Group considered that th is question was still open.  This revision had been 
a first step in the African Group’s review of the original proposals, and revisions of other proposals would be presented in time for the June meeti ng of the SPS Committee.  Canada had urged the 
African Group to table any further revisions of pr oposals sufficiently early to allow the Committee to 
discuss these fully in June, in order to prepar e recommendations for the General Council.  The 
Chairman encouraged Members to actively cons ult amongst themselves on how to move forward, 
notably in relation to the proposals touching on Article 10, on which there was no discussion at the informal meeting. 
59. The Chairman reflected the Committee's discussi ons on some of the elements for addressing 
the underlying concerns of developing countries, a nd particularly those identified in paragraph 43(d) 
and (e) of the Committee’s Report on S&D (G/SPS/35).  The Secretariat had explained how Member's 
responses to the questionnaire on technical assist ance needs (G/SPS/GEN/295) were taken into 
consideration in developing its own technical assi stance programme and in identifying possible areas 
for STDF projects.  The Secretariat was preparing a report for consideration at the June meeting on 
technical assistance flows as tracked by the WTO/OECD and STDF databases.  One problem which 
had been encountered in this regard was the unde r-reporting of SPS-related technical assistance being 
provided.  
60. Egypt had suggested that the Committee should consider developing a mechanism similar to 
that developed by the TBT Committee to identify technical assistance needs and supply (G/TBT/16).  
The Secretariat had recalled that previous ques tionnaires in the SPS area had not generated many 
replies.  The European Communiti es had suggested that existing mech anisms offered the best way to 
progress on this issue, in particular by putting the procedure in G/SPS/33 to practical use.  Egypt had suggested that if existing mechanisms did not full y satisfy the needs of developing country Members, 
new mechanisms should be considered.  Furthermore,  the problem had not been the level of assistance 
given but its effectiveness in mee ting the needs of the recipient.  
61. With regard to supply-driven technical assistance, Egypt had noted that although it was not 
necessarily a bad thing, often it did not adequately  accommodate the needs of developing countries.  
Sri Lanka, however, noted the usefulness of bringi ng donor's experience and expertise to bear.  The 
European Communities had questioned if supply-driv en assistance was common, noting that in EC 
programmes there was a legal obligation to work on th e basis of needs identified by the beneficiary.  
A number of Members agreed that many developing countries had poor capacity to clearly identify  G/SPS/R/40 
 Page 13 
 
 
  basic SPS needs and to establish balance sheets.  New Zealand and the OIE had recalled the capacity 
evaluation tools for plant health and animal h ealth which could be of use in this regard. 
62. Egypt had drawn a distinction between assistance given in relation to a specific problem and 
assistance given for SPS capacity-building more generally , e.g., for construction of laboratories.  Sri 
Lanka and Trinidad and Tobago had noted that th eir needs were for more  targeted assistance to 
resolve specific problems.  Benin had underscored the value of well-defined aid, particularly when the 
national administration might not have much experi ence with specific problem-solving.  South Africa 
and the European Communities had suggested that specific case studies of successful assistance could 
be helpful, and the Chairman had recalled that a number of case studies had been produced by the 
World Bank, the ITC and Commonwealth Secretariat, a nd others.  In terms of the mandate before the 
Committee, however, to ensure th at technical assistance was more  precise, operational and effective, 
there was a need for some  baseline for comparison. 
63. In discussions of paragraph 43(e), the Chairman had noted that the technical assistance 
activities of the Secretariat had been one area w ithin the Committee's remit to make changes, 
particularly in view of the approximately $1 million which was being spent on this each year.  The 
Secretariat had given an overview of the 128 SPS-rela ted technical assistance activities reported in the 
overview (G/SPS/GEN/521/Rev.1).  The technical  assistance products on offer ranged from the 
general trade policy courses through regional an d national SPS workshops, to the two-week 
specialized course on SPS.  It was important that Members clearly identify what their needs were 
when requesting an activity, particularly at the national level.  One measure of the success of the 
activities since 2002 had been participants' evaluati ons.  Preliminary examination of the evaluation 
forms returned by participants in 2005 showed that high satisfaction rate s were reported.  SPS 
activities, of which there were 19 in 2005, had onl y been a small part of the total of 462 WTO-
organized technical assistance activities in 2005.  The desire to ensure that WTO technical assistance 
activities was appropriately targeted and effectiv ely implemented was shared by the Committee on 
Trade and Development, and an independent ev aluation of WTO technical assistance would be 
finished by the Autumn of 2006.   
64. St Lucia and Trinidad and Tobago had highli ghted the success of the IICA initiative of the 
Americas and recommended it as a model worthy of consideration in other regions.  Gabon had 
warned against judging the impact of technical assistance against purely accounting criteria, as the 
need for technical assistance was a real one and th e fact that results might not be immediately 
apparent did not lessen the need.  
(b) Comments on the Chairman's report and on the A frican Group proposals related to Article 9.2 
65. The representative of Egypt recalled the view of the African Group that there was not yet 
agreement as to whether the SPS Agreement need ed to be reopened to improve special and 
differential treatment.  Existing tools and mechanis ms regarding SPS trade-related issues were not 
used in an effective way by developing count ries and invited these Members to invent new 
mechanisms targeting their special needs.  Eg ypt mentioned the need for discussion of possible 
compensation during the transitional periods between a ban and the regaining of market access, which 
would help developing countries to maintain their mark et share.  Such a measure could fit within the 
context of Article 10.1 of the SPS Agreement. 
66. The representative of Egypt str essed that the volume of technical assistance was not under 
discussion, but whether the technical assistance provi ded meets the need of the recipient countries and 
how the efficiency of technical assistance activities co uld be improved in this regard.  He stressed that 
it was important to incorporate certain principles on the basis of the needs articulated by recipient 
countries in order to guarantee an efficient use of technical assistance.  Problems had to be identified 
more clearly, and the importance of monitoring and of the sustainability of projects after the technical G/SPS/R/40 
Page 14  
 
  assistance had been provided could not be ignored.  Lastly, the representative of Egypt stressed the 
importance of the involvement of the private sector  in technical assistance in developing countries. 
67. The representative of Mexico stressed that bot h the donors and the recipients of technical 
assistance had respective responsibilities in this regard.  
(c) Other matters relating to special and differential treatment 
68. The Secretariat provided information on a workshop on implementation of the SPS 
Agreement to be held the day after the Committe e meeting.  The Global Trust Fund had made it 
possible to sponsor the participation of some offi cials from least developed countries.  A total of 43 
officials had been invited, of which 38 had confir med their participation.  (A report of the special 
workshop was subsequently issued as document G/SPS/R/41.) 
69. The Chairman recalled that the Committe e had been mandated to provide clear 
recommendations on a decision with respect to the proposals on special and differential treatment by 
no later than December 2006.  The Committee agreed  to hold an informal meeting on special and 
differential treatment immediately prior to its regular  meeting in June, and the Chairman noted that it 
might be necessary to hold an additional in formal in the intervening period.  
VI. EQUIVALENCE (ARTICLE 4)  
(a) Information from Members on their experiences  
70. The representative of Egypt prov ided information on an example of its experience with an 
application of the concept of equivalence.  Egypt ha d contacted some of its trading partners to propose 
the establishment of quarantine offi ces.  This measure would provide a way in which consignments of 
products could be tested or inspected in a more ti mely and cost efficient manner.  Egypt stressed the 
importance of developing this system. 
(b) Information from relevant  observer organizations 
71. The representative of Codex reminded Member s that Codex had adopted guidelines on the 
judgement of equivalence.  The Codex Committee on Food Import and Export Certification and 
Inspection (CCFICS) had embarked on drafting a se ries of appendices to provide more guidance, a 
process that would be continued at the CCFICS meeting in November.  
VII. PEST- OR DISEASE-FREE AREAS (ARTICLE 6) 
(a) Chairman's report on the informal meeting on regionalization  
72. The Chairman reported that the informal m eeting on regionalization held on 27 March 2006 
had focussed on the background paper prepared by the Secretariat (G/SPS/GEN/640).  Members had welcomed the document as clearly summarizing the issues raised in previous discussions and 
proposals, and focussing the discussion on the common elements in these proposals.   
73. Many Members, however,  had expressed concerns that the issue of timeframes had not been 
reflected in the document.  They stressed that many of the proposals which had been made proposed 
that timeframes should be established for the various procedural steps for recognition of free areas, to 
encourage predictability.  Brazil had noted that it would be consulting with other delegations during 
the course of the week on a draft paper they were developing on this topic, which included some 
specific suggestions for reasonable timeframes.  Other Members had indicated their continuing 
objection to pursuing recommendations that included  timeframes given the many technical factors  G/SPS/R/40 
 Page 15 
 
 
  which affect the time needed for recognition of p est- or disease-free areas.  Chile had suggested that 
the Committee could first agree on the procedural  steps for recognition of regionalization, and 
subsequently consider the issue of timeframes fo r the various steps on the basis of experiences 
reported by Members to the regular meetings of the Committee or through a notification procedure. 
74. The Chairman reported that divergent opinion s had also been expressed on whether and to 
what extent the SPS Committee should wait for the OIE and the IPPC to complete their work 
programmes in this area before initiating its own work on the subject.  The United States and New 
Zealand had noted that the procedural steps identif ied in the Secretariat’s background paper were very 
similar to those identified in the OIE recommendati ons on regionalization, and under consideration by 
the IPPC.  They questioned the value of the work  of the specialized bodies being duplicated by the 
SPS Committee.  Canada had noted that both the OI E and the IPPC would be progressing their work 
in this area at their spring meetings in 2006 and s uggested that the results of these discussions could 
help identify which areas merited further attention.   A number of other Members, however, did not 
see any reason to wait for completion of work by the OIE and IPPC, given the different mandates and competencies of the bodies.  The OIE had suggested  that Members should ensure coherence in their 
positions at the standard-setting bodies and in this Committee. 
75. With respect to the sequence of actions describ ed in section IV of the background document, 
the Committee had noted the importance of initiati ng bilateral dialogue early in the recognition 
process to promote targeted information gathering, to clarify requirements and to encourage mutual 
trust.  Many Members had also recommended that  the background paper should distinguish between 
situations where particular pests or diseases did not ex ist in the territory of a Member and situations in 
which pests or diseases had been eradicated.  New Zealand had stressed that regionalization was part 
of the overall process of developing an SPS measure, not a stand-alone action. 
76. Some Members had noted that section IV of  the background paper seemed to imply 
inaccurately that recognition by an internati onal standard-setting body was a precondition for 
initiating bilateral discussions on recognition.  Members had noted that the expedited process 
described at the end of section IV of the backgrou nd paper usefully described conditions under which 
a procedure might advance in an accelerated fashio n, however some Members had noted further that 
the use of such an expedited procedure would have to be considered on a case-by-case basis. 
77. The Chairman lastly reminded Members that the Committee had discussed at the informal 
meeting possible mechanisms to enhance transparency  related to the implementation of Article 6.  
These suggestions had included possible notifica tion mechanisms for bilateral recognition of 
regionalization and the publication on the web of dom estic procedures for the recognition of pest- and 
disease- free areas, and of the status of decisions in this regard. 
78. The Chairman invited Members send comments and submissions with regard to the issue of 
pest- and disease-free areas to the Secretariat befo re 10 May.  On the basis of these comments, a 
revision of the background document woul d be provided by the Secretariat.  
VIII.  TECHNICAL ASSISTANCE AND COOPERATION 
(a) Information from the Secretariat 
79. The WTO Secretariat expressed its thanks to IICA for its cooperation in various regional SPS 
technical assistance activities.  In Jamaica, IICA had recently provided training  on the implementation 
of the SPS Agreement at a WTO Regional Trade Policy Course. 
80.
 In March 2006, the Secretariat had conducted a national seminar on the SPS Agreement in 
Rwanda.  The project was based on a national seminar request, but had also been related to a Project G/SPS/R/40 
Page 16  
 
  Preparation Grant (PPG) under the Standards and Trad e Development Facility (STDF).  In addition to 
the work of the Secretariat and the STDF, EC funds  had been allocated to Rwanda for projects on 
trade and standards.  The Secretariat observed that  the Rwandan authorities faced difficulties in the 
determination of their specific needs in the SPS area, and consequently in the allocation of resources.  
81. The Secretariat noted that document G/SPS/ GEN/521/Rev.1 provided an update on the 
WTO's SPS-related technical assistance activities through 2005.  The document also provided 
information on the types of activities provided by the Secretariat, such as workshops, national 
seminars, trade policy courses, etc.  The Secretariat had already received nine requests for national seminars in 2006.  Developing country Members were  limited to requesting two national seminars per 
year, while LDCs could request three.  Should a Member wish to request a national seminar on the 
SPS Agreement, they should make their request to the Institute for Training and Cooperation (ITTC).  
Three regional workshops would be held in the y ear 2006, one for the South-American region, the 
other for the Near East region and a third one for the Commonwealth of Independent States (CIS). 
82. The Secretariat further reported on the Standa rds and Trade Development Facility (STDF).  
Detailed information including the business plan  of the STDF could be found in documents 
G/SPS/GEN523 and G/SPS/GEN/648.  The Secretariat noted in particular the importance of the 
PPGs, funded up to US$20,000, to assist in identify ing the actual needs of Members through the use 
of effective and common needs evaluation tools.  The STDF had been opera tional since 2004, and the 
first projects financed by the STDF were now approa ching their conclusions.  An information meeting 
in this regard was planned in the margins of the October Committee meeting.  At the June meeting, 
the Secretariat would provide a more comprehens ive report on bilateral and multilateral technical 
assistance activities, including evaluations of the e ffectiveness of technical as sistance as revealed in 
responses to a questionnaire.  A recent, indepe ndent evaluation of the STDF described it as 
successfully established, although assurance of l ong-term funding was needed.  The Secretariat 
invited funding Members to consider renewing th eir contributions in 2006 and other Members to 
contribute to the Fund.  
83. The Secretariat also reported that another tw o week Specialized Trade Policy Course on the 
SPS Agreement that was being organized by th e ITTC with the Agriculture and Commodities 
Division in cooperation with the OIE.  The c ourse would be held from 16 to 27 October 2006, 
immediately following the SPS Committee meetings of 9-13 October, and would be held in English 
only.  The focus of this in-depth training c ourse would be on the implementation and market access 
challenges faced in the SPS area.  Participants would be asked, inter alia , to develop and present 
action-plans to address problems in this regard.  Invitation for the course would be sent in May 2006 
to the missions of WTO Members and observers. 
(b) Information from Members on technical assistance 
84. The representative of the European Co mmunities drew attention to document 
G/SPS/GEN/669 which provided information on where to  find details regarding projects conducted as 
part of the European Communities' SPS technical assistance activities.  Th e referenced documents 
contained more than 450 activities in more than 80 countries.  The European Communities considered 
that Members had an obligation to provide tec hnical assistance, however, although the European 
Communities would provide instruments for technical assistance, it was up to recipient countries to make use them. 
(c) Technical assistance activities 
85. The OIE provided a document regarding its technical activities in 2005 and 2006 
(G/SPS/GEN/650).  G/SPS/R/40 
 Page 17 
 
 
  IX. ISSUES ARISING FROM THE REVIEW  OF THE OPERATION OF THE SPS 
AGREEMENT 
(a) Relationship between the SPS Committee and the standard-setting bodies 
86. Papers on this issue have been subm itted by New Zealand (G/SPS/W/179), Brazil 
(G/SPS/W/182), and Colombia (G/SPS/W/188). 
87. The representative of Colombia considered that among the issues arising from the Second 
Review of the Operation and Im plementation of the Agreement on Sanitary and Phytosanitary 
Measures, priority should be given to consider ation of the relationship between the relevant 
international institutions (OIE, Codex Alimentari us and IPPC) and the WTO Committee on Sanitary 
and Phytosanitary Measures.  A strong relationship creat ed more impetus, particularly with regard to 
administrative procedures;  technical and scientific procedures were obviously the domain of the three 
reference organizations.  However, like these institu tions, the SPS Committee could not leave aside its 
own objectives and responsibilities, as each body had to address the matters within its competence. 
88. The representative of Brazil also stressed th e importance for the Committee to continue to 
discuss the relationship between the relevant intern ational standard-setting bodies (ISSBs) and itself.  
Improved cooperation with these ISSBs as the intern ational reference on technical and scientific 
matters would be beneficial to the effective implementation of the SPS Agreement, especially 
regarding the harmonization with international sta ndards, guidelines and recommendations.  However, 
the Committee had always to take into account the distinct roles and objectives of the ISSBs and the 
SPS Agreement. 
89. The representative of New Zealand suggested th at the Committee give high priority to 
discussing the distinct yet complementary roles of  the Committee and the relevant international 
standard-setting bodies with a view to avoiding ove rlaps and unnecessary duplication of efforts.  This 
was a crosscutting issue which had particular rele vance to other matters currently under discussion 
within the Committee, including regionalization.   New Zealand argued that the Committee should 
refer matters relating to scientific and technical matt ers pertaining to the practical application of the 
Agreement (in particular the de velopment, implementation and ha rmonization with international 
standards, recommendations or guidelines) to the relevant ISSBs, which had the necessary technical 
expertise and experience to consider them, in or der to ensure that unnecessary duplication of effort 
was avoided.  The ISSBs then could, if necessar y, report back to the Committee with appropriate 
advice and/or recommendations of further work re quired.  Articulation by the ISSBs of their 
respective mandates, including their interest in and ability to develop procedural guidelines, would be 
useful for Members, as would discussions amongst the Secretariats of Codex, OIE and IPPC and the 
SPS Committee to clarify their roles in the admi nistration of the SPS Agreement.  New Zealand 
would prepare a paper on this issue, for c onsideration at the next Committee meeting. 
90. The representative of Chile noted the different  roles of the Committee and the ISSBs and 
described the collaboration between the ISSBs and th e Committee as substantial.  Chile stressed the 
importance of synergies arising from this collaboration. 
91. The representative of Australia stressed the importance of the workload for the Committee 
being manageable.  Australia noted the challenge  of putting in place an efficient system of 
collaboration and contact at a national level (e.g., between the various representatives to ISSBs, the 
national WTO enquiry points etc.) as well as at an international level (e.g., between the ISSBs and the 
WTO), and identified discussion of the relati onship between the ISSBs/WTO as providing an 
important basis for subsequent discussions on other i ssues, by clarifying the appropriate scope for the 
Committee's work and how best to promote synergies and good coordination. G/SPS/R/40 
Page 18  
 
  92. The representative of the OIE observed that OIE Members had shown that they favoured 
using the OIE dispute settlement system to resolv e certain issues.  However, OIE Members had not 
shown any interest in developing a procedure to monitor the use of the OIE standards. 
(b) Undue delays  
93. Papers on this issue have been subm itted by Costa Rica (G/SPS/W/180), Brazil 
(G/SPS/W/182) and Colombia (G/SPS/W/188). 
94. The representative of Costa Rica noted that his country shared the concern expressed by 
Uruguay
2 as well as by other Members on the issue of undue delays, and thus attached great 
importance to discussing this issue.  The problem was evident in situations such as exaggerated 
information requirements, non-transparent procedur es, excessively long time-limits to analyze and 
decide on risk analysis, the frequent adoption or mo dification of measures, and other aspects relating 
to the application of sanitary and phytosanitary meas ures.  Problems of this kind frequently affected 
Costa Rica's market access for its exports.  The issue of undue delays had in fact already been dealt 
within the context of some of the issues discu ssed by the SPS Committee, such as in the Decision on 
Equivalence3, and was also being dealt within the context of the on-going discussions on 
regionalization.  However, this was an issue of a cross-cutting nature that affected other mechanisms 
and disciplines of the Agreement, and consideration of  the issue had not been exhausted.  Costa Rica 
considered it to be highly important  to continue to discuss this issu e in the context of the Second 
Review of the SPS Agreement. 
95. The representative of Colombia ag reed that greater importance should be attached to the issue 
of undue delays, since there was serious concer n at the difficulties and the heavy economic losses 
caused by delays in the recognition of regions (as free of or with low prevalence of pests or diseases) 
by importing trading partners.  
96. The representative of Brazil supported the proposal to discuss the issue of undue delays, 
sharing other Members' concerns regarding difficu lties arising from undue delays in areas such as 
recognition of equivalence, adaptation of measures to the pest- or disease-free status of a trading 
partner;  completion of risk assessments related to market access;  operation of control, inspection and 
approval procedures;  and in the suspension or adju stment of measures when sanitary or phytosanitary 
conditions had changed.  Brazil agreed with Cost a Rica (G/SPS/W/180) that this was a cross-cutting 
issue, whose discussion therefore should not to be subsumed in the discussions of other topics. 
97. The Chairman recalled that Members interested in pursuing discussions on a specific topic 
should prepare papers for consideration by the Committee.  The representative of Peru invited 
Members to share any relevant information and expe riences with regard to undue delays and proposed 
that the Committee should develop a mechanism to  address issues of undue delays after having 
received such information.  
(c) Consultations under Article 12.2 and the handling of specific trade concerns 
98. Papers on this issue have been submitted  by Costa Rica (G/SPS/W/180 and W/183), Brazil 
(G/SPS/W/182) and Colombia (G/SPS/W/188).  Th e representative of Costa Rica indicated that 
through the application of Article 12.2 the SPS Committee had helped Members to discuss and 
resolve their trade concerns.  The application of this Article had made it possible to speed up the 
resolution of trade problems relating to the applic ation of SPS measures, and to avoid the time and 
economic resources involved in resor ting to other bodies.  However, Costa Rica shared the view of 
                                                      
2 G/SPS/W/160 and G/SPS/W/169. 
3 G/SPS/19/Rev.2.  G/SPS/R/40 
 Page 19 
 
 
  the United Sates (G/SPS/W/163) that the mechanism established in Article 12.2 had been 
underutilized, since it had not been made an opera tional mechanism with established processes and 
procedures.  The SPS Committee should discuss how to ma ke this mechanism more effective, so that 
the trade concerns raised in the SPS Committee were more likely to be resolved.  For a small country 
such as Costa Rica, this mechanis m represented an opportunity to settle disputes and facilitate trade 
without having to resort to the considerable expe nse involved in the use of the dispute settlement 
mechanism.  Costa Rica intended to submit a more de tailed document on this issue in the near future. 
99. The representative of Colombia suggested that the Committee should devote more time to the 
consideration of trade concerns since the Committe e aimed to serve as an instrument for resolving 
problems arising in the course of trade between countri es.  Currently, despite the fact that some issues 
were raised over several meetings, in many cases an outcome satisfactory to both parties had not been 
reached, or the country imposing the standard had not met the requests of the country affected even where backed up by scientific evidence.  Because of this, some Members preferred to resort to other 
means of resolving trade problems.. 
100. The representative of Brazil considered the ag enda item on specific trade concerns to be 
highly important, as it established a forum to resolve problems arising from the elaboration and 
application of sanitary and phytosanitary measures.  Brazil was interested in further discussions to 
improve this valuable mechanism. 
101. The representative of Chile suggested that the document provided by the United States 
(G/SPS/W/163) could be a good basis for discussions on th is topic.  He stressed that the relationship 
between the different dispute settlements of the OIE,  IPPC and of the WTO should be clarified so as 
to avoid overlaps. 
(d) Clarification of certain terms 
102. A paper on this issue had been submitted by Canada (G/SPS/W/186).  Canada purposed 
clarification of the terms "measure" and "regulation"  in the SPS Agreement, and in particular in the 
context of the transparency provisions.  Whereas the term "measure" was used throughout the SPS 
Agreement, Annex B referred instead to "regulati ons".  Canada suggested that the Committee should 
clarify that the transparency provisions applied to all measures. 
103. The representative of Chile noted that definitions  of terms were also being debated in the 
Codex, IPPC and OIE. 
104. The Chairman concluded that an informal mee ting could be organized to precede the June 
meeting of the Committee if Members submitted sp ecific papers and proposals in these issues. 
X. MONITORING OF THE USE OF INTERNATIONAL STANDARDS 
(a) New issues 
105. The representative of Argentina informed Me mbers about the situation of FMD within 
Argentina (G/SPS/GEN/654) and concerns about impor t restrictions which were not scientifically 
based.  Argentina had resolved certain problems imme diately prior to the meeting, but there are still 
problems to be resolved.  Several Members noted th at they faced similar concerns.  The representative 
of the European Communities pointed out th at the European Communities followed the 
recommendations provided by the OIE, Codex and IPPC and urged other Members to do the same.  
He also suggested that Members be more frank and identify those countries that took unscientific 
measures. G/SPS/R/40 
Page 20  
 
  (b) Issues previously raised 
106. The representative of Sri Lanka recalled his c ountry's concerns regarding the need for a 
Codex standard for maximum residue levels of su lphur dioxide in cinnamon.  Trade problems had 
arisen for Sri Lanka due to the lack of such a st andard.  In this regard, Sri Lanka had submitted its 
proposals regarding this issue (G/SPS/W/187), and ask ed for an expedited handling of the matter. 
107. The representative of the European Communiti es supported Sri Lanka's submission.  One 
problem would be the period of time required until new maximum residue level could be adopted.  
The European Commission was encouraging EC member States to be tolerant in respect to sulphur 
dioxide in cinnamon in the meantime. 
108. The representative of Codex explained that the pr oblem in this case was the non existence of 
international standards.  The comments submitted by  Sri Lanka would be considered by the Codex 
Committee on Food Additives and Contaminants (CCFAC) at its forthcoming meeting.  
109. The Committee agreed that the Chair coul d immediately send a letter to the Codex 
Commission to draw its intention to this matter. 
110. The representative of the United States drew atte ntion to issues related to the implementation 
of the International Standard for Phytosanitay M easures on wood packaging material (ISPM 15).  The 
United States supported the IPPC's approach for addressing the debarking issue or any other issue 
with ISPM 15.  The United States was also concerned that a number of countries had not yet notified the WTO of their intentions regarding ISPM 15.  A lack of universal implementation of ISPM 15 could jeopardize trade in any product.  It requested that countries notify and implement the guidelines as developed by the IPPC and engage in the IPPC process to aid in the implementation of ISPM 15.  
These actions would help to avoid unnecessary restric tions to trade and reaffirm the importance of the 
international standards.  
111. Canada and the European Communities also encouraged Members to make known their 
intentions regarding the implementation of ISPM 15. 
112. The Chairman recalled that, prior to the ne xt Committee meeting, the Secretariat would 
circulate a draft report on the monitoring procedure, reporting on the new issues that were raised in 
the past year and on progress regarding issues previously raised.  
XI. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS 
113. The representative of Codex drew attention to th e latest activities of the Codex Alimentarius 
Commission (CAC) (G/SPS/GEN/638).  He further re ported that a searchable web-based version of 
the Codex General Standard for Food Additives was la unched in March 2006 and would also be made 
available on CD- Rom.  
114. The 29
th Session of the CAC was planned for 3–7 July  2006 in Geneva, back-to-back with the 
SPS Committee meeting.  One important point of th e session's agenda would be the splitting of the 
Committee on Food Additives and Contaminants into  two committees, one on food additives and the 
other on contaminants.  The host countries for th e two new committees would also be decided.  
Another item on the agenda would be the format ion of new subsidiary bodies on antimicrobial 
resistance and on animal feeding.  
115. The Codex currently had 173 members, with the most recent members being Afghanistan and 
Uzbekistan.  The representative of Codex stressed the critical budgetary situation of the Commission.   G/SPS/R/40 
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  Codex depended on the financial c ontributions by its parent organizations, the Food and Agriculture 
Organization (FAO) and the World Health Orga nization (WHO), and in light of planned budget 
constraints, in the worst case the Codex could face a 10 per cent  budget reduction.  Codex invited 
Members to contact both parent organizations in  this regard.  The paper publication of Codex 
standards would be discontinued and in future  this would be a CD-Rom or web- based. 
116. The representative of Codex further explai ned that the Commission was committed to 
cooperating with OIE.  In both the organizations  mechanism had been established to facilitate 
coordination and avoid duplication of work. 
117. The representative of the European Comm unities supported the work of Codex and 
encouraged Members to act to avoid further budgeta ry restrictions for Codex.  Canada supported the 
European Communities and also encouraged similar support for the work of the IPPC. 
118. The Chairman informed the Committee that th e IPPC had provided written reports on its 
latest activities (G/SPS/GEN/617 and G/SPS/GEN/618). 
119. The representative of the OIE provided an upda te of OIE work since the last meeting 
(G/SPS/GEN/646).  The General Session of the OIE was to be held in May.  The session would 
consider the evaluation of veterinary services;  z oning and compartmentalization;  BSE and ;  as well 
as modifications of both the OIE manuals. 
120. The representative of the In ter-American Institute for C ooperation on Agriculture (IICA) 
noted that information on IICA activities could be found in document G/SPS/GEN/658.  IICA 
continued to implement the SPS Initiative for Ameri cas ("the Initiative").  Detailed descriptions on 
further activities in the food safety, animal and pl ant health area were provided in the document.  
121. The representative of the International Trade Centre (ITC) reported on assistance provided to 
the Philippines in the fisheries sector to strengthen its export opportunities with regard to EC import 
requirements.  The project was carried out under the Asia Trust Fund and was co-financed by the 
European Communities and the ITC.  Both the repr esentative of the Philippines and of the European 
Communities indicated that the project was an exam ple of good technical cooperation in the SPS area.  
More information on the ITC's activities could be  found on its website (http://www.intracen.org).  
XII. OBSERVERS- REQUESTS FOR OBSERVER STATUS 
122. The Committee decided to invite the ad hoc observers to participate in its next SPS 
Committee meeting.  The Committee also decided to i nvite all observer organizations to participate in 
its next informal meetings on 26-28 June. 
123. The Committee took no decision on the request s for observer status by the Office 
International de la Vigne  et du Vin (OIV), the Asian and Paci fic Coconut Community (APPC) and the 
Convention on Biodiversity (CBD). 
XIII.  ELECTION OF THE CHAIRPERSON 
124. The Committee elected Mr. Juan Antonio Dorant es Sánchez of Mexico as Chairperson of the 
Committee by acclamation.  The new Chairperson took over as of the conclusion of the 35th regular 
meeting.  
125. The Committee thanked Mr. Gregg Young for his good work and dedication as the 
Chairperson of the Committee. G/SPS/R/40 
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  XIV.  OTHER BUSINESS 
Paraguay on the country's health situation 
126. The representative of Paraguay reported that Paraguay had established a BSE programme to 
avoid new outbreaks of the disease within the count ry.  On 27 February 2006, the OIE had accepted 
the request to consider granting Paraguay the status  of "country provisionally free of BSE".  The issue 
would be considered at the next OIE meeting.  W ith regard to avian influenza, the National Animal 
Health Service had implemented a national vigilance and prevention action.  A national eradication 
programme on FMD was established in 1992.  In 20 05, Paraguay recovered the status of a "country 
free of Food and Mouth Disease with vaccination".  Th e health situation in Paraguay was now stable, 
thanks to emergency action plans.   In 2006, Paraguay had establis hed a national traceability system, 
which allowed the country to act more efficiently w ith regard to health emergencies, disease control 
and export certification. 
XV. DATE AND AGENDA OF THE NEXT MEETING 
127. The Committee agreed on the following provisional agenda for its next meeting: 
AGENDA FOR MEETING OF 28-30 JUNE 2006 
 
 1.  Proposed agenda 
2.  Activities of Members 3.  Specific trade concerns 
(a) New issues 
(b) Issues previously raised 
(c) Consideration of specific notifications received 
(d) Information on resolution of issues in G/SPS/GEN/204/Rev.6 
4. Operation of transparency provisions 5.  Implementation of special and differential treatment 
(a) Report on informal meeting 
(b) Other matters relating to S&D 
6.  Equivalence – Article 4 
(a) Information from Members on their experiences 
(b) Information from relevant  observer organizations 
7.  Pest- and Disease-free areas – Article 6 
(a) Report on informal meeting 
(b) Information from Members on their experiences 
(c) Information from relevant  observer organizations 
8.  Technical assistance and cooperation 
(a) Information from the Secretariat 
(b) Information from Members  G/SPS/R/40 
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  (c) Information from observers 
9.  Issues arising from the Review 10.  Monitoring of the use of international standards 
(a) New issues 
(b) Issues previously raised 
(c) Approval of annual report 
11.  Matters of interest arising fro m the work of observer organizations 
12.  Observers – Request for observer status 13. Other business 14.  Date and agenda of next meeting 
15.  The following deadlines are re levant for the next meeting: 
(i) For submissions regarding the issues di scussed in the topic of regionalisation: 
 10 May 2006 
(ii)  For identifying new issues for consideration under the monitoring procedure: 
15 June 2006 
 (iii) For requesting that items be put on the agenda:  15 June 2006 
 (iv) For the distribution of the airgram:  16 June 2006 
__________