WORLD TRADE  
ORGANIZATION  G/SPS/W/224/Rev.2 
26 January 2009 
 (09-0321) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
 
PROPOSED REVISION OF THE PROC EDURE TO ENHANCE TRANSPARENCY 
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR OF DEVELOPING 
COUNTRY MEMBERS (G/SPS/33) 
 
Note by the Secretariat
1 
 
Revision  
 
 
INTRODUCTION  
1. In October 2004, the Committee on Sanitary and Phytosanitary Measu res ("the Committee") 
adopted a procedure to enhance transparency of  special and differential treatment within the 
Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") 
(G/SPS/33, hereinafter referred to as the "S&D Transp arency Procedure").  This decision provided for 
a review of the implementation of the S&D Transparen cy Procedure within one year of its adoption.   
2. In February 2006, the Committee decided to ex tend the S&D Transparency Procedure as 
adopted in October 2004 and to review its implementa tion no later than at its first regular meeting in 
2008, with a view to deciding then whether to continue with the same procedure or introduce 
modifications. 
3. In March 2008, the Committee decided to revert  to its review of the S&D Transparency 
Procedure following confirmation of the ad referendum decision to revise the recommended 
transparency procedures (G/SPS/W/215/Rev.2).  Th is latter decision was confirmed on 30 May 2008 
(G/SPS/7/Rev.3). 
4. On 6 June 2008, the Secretariat circulated a proposed revision to the S&D Transparency 
Procedure reflecting (i) proposals informally subm itted by Egypt (Job(07)/104), (ii) modifications 
related to the change in the recommended transpar ency procedures in general (G/SPS/7/Rev.3), and 
(iii) relevant discussions in the SPS Committee (G/SPS/W/224).  Following Members' comments on 
that proposed revision, both at the meeting of June 2008 and subsequently  in writing, W/224 was 
revised (proposed additions were underlined and proposed deletions struck-through in the first 
revision) and discussed at the October 2008 meeting of the Committee.   
5. This second revision to W/224 incorporates add itional comments and suggestions made by 
Members in October 2008 at the informal meet ing on Special and Differential Treatment and 
thereafter.  In order to differentiate this from the te xt proposed in the first revision, proposed additions 
are underlined, while proposed deletions to th e text of G/SPS/W/224/Rev.1 are struck-out.  
Explanations provided by Members for the proposed changes are included in footnotes. 
                                                     
 
1 This document has been prepared under the Secretariat's own responsibility and is without 
prejudice to the position of Members or to th eir rights and obligations under the WTO. G/SPS/W/224/Rev.2 
Page 2  
 
  PROCEDURE TO ENHANCE TRANSPARENCY OF SPECIAL AND DIFFERENTIAL 
TREATMENT IN FAVOUR OF DEVELOPING COUNTRY MEMBERS 
 
Proposed Decision by the Committee
 
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Recalling that paragraph 1 of Article 10 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreemen t") states that in the preparation and application of sanitary or 
phytosanitary measures, Members sh all take account of the specia l needs of developing country 
Members, and in particular of th e least-developed country Members; 
 Seeking to develop effective, concrete and operational means to facilitate the implementation of this 
provision; 
 
Recognizing  the difficulties that Member s, and in particular developi ng country and least-developed 
country Members, may face in adapting their produ cts and methods of production to new or changed 
requirements of im porting Members;  
 Recognizing  also the need to make transparency procedures more effective and operational for 
developing country Members, and in par ticular least-developed country Members; 
 Noting  that the provision of technical assistance, as referred to in Article 9 of the Agreement, may 
assist Members adapt their products and methods of production to new or changed requirements; 
 
Recalling  that paragraph 2 of Article 9 of the Agreement indicates that where substantial investments 
are required in order for an exporting developing coun try Member to fulfil the sanitary or phytosanitary 
requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to main tain and expand its market access opportunities for 
the product involved;  
 
Recalling  that the Committee's regular agenda items  on the "Implementation of Special and 
Differential Treatment" and on the "Operation of Tr ansparency Provisions" provide opportunities, on 
an on-going basis, for raising concerns or assessing progress with respect to the implementation of the 
procedure to enhance transparency of special a nd differential treatment in favour of developing 
country Members; 
 
Seeking 
to facilitate the use  of the procedure to enhance transparency of special and differential 
treatment in favour of developing country  Members since its initial adoption in 20042;  
 Encourages Members to make full use of this procedure and thereby to also contribute to enhanced 
transparency with respect to special and differe ntial treatment and/or technical assistance being 
offered or provided upon request;  and 
 
Decides
 that the following revised  procedures should be followed to e nhance transparency of special 
and differential treatment in favour  of developing country Members : 
 
1. The procedure to enhance transparency of sp ecial and differential treatment in favour of 
developing country Members essentially follows th e relevant current practices and recommendations 
                                                      
2 This deletion was suggested to keep in line with the approach and reasoning described in 
G/SPS/33.  G/SPS/W/224/Rev.2 
 Page 3 
 
 
  regarding the submission and handling of notificatio ns as described in G/SPS/7/Rev.3, with additional 
actions included as Steps 5, 6 and 7. 
2. The Committee shall review the implementation of this procedure, in light of the experiences 
of Members and the submission of notifications, as an  integral part of its periodic Review of the 
Operation and Implementation of the Agreement under Ar ticle 12.7.  The next such Review is to be 
completed in 2009, and every four years subsequently. 
3. The Committee may decide to modify, suspend or  terminate this procedure at any time, in 
light of the experiences of Members in its implementation.3 
4. This procedure is without prejudice to th e rights and obligations of Members under 
Article 10.1 of the SPS Agreement.  The Committ ee recognizes that this procedure does not fully 
resolve the issue of special and differential treatment , but that it is one step in addressing the problem 
of implementation of the special and differentia l treatment provisions of the Agreement.  The 
Committee agrees to consider other proposals and possible actions. 
 Step 1 .  A Member preparing a new or a modification to an existing SPS regulation 
shall submit a notification to the WTO Secretariat,  following the guidance provided in Annex B of the 
SPS Agreement and G/SPS/7/Rev. 3.  The notification should be made when a draft with the complete 
text of the proposed regulation is available;  such notification should take place at an early stage, and 
when amendments can still be introduced and co mments taken into account.  The notifying Member 
should provide in Box 3 of the notification form at a clear description of the products covered, 
including tariff item numbers where possible.  The notifying Member should also complete Box 4, identifying the geographical regions or countries likely to be affected by the notified regulation to the 
extent relevant or practicable.  The notifying Memb er should include in Box 10 the proposed date of 
publication of the notified regulation, and identify in Box 11 the proposed date of its entry into force.  
Except in urgent circumstances, the notifying Memb er shall allow a reasonable interval, normally a 
period of not less than six months, between the pub lication of a sanitary or phytosanitary regulation 
and its entry into force in order to allow time for producers in exporting Members, and particularly in 
developing country Members, to adapt their produc ts and methods of production to the requirements 
of the importing Member.
4  The notifying Member should identify in Box 12 the final date for 
receiving comments and the agency responsible for handling comments.  The Member shall normally 
allow a period of at least 60 days for comment, except for proposed measures which facilitate trade 
and those which are substantially the same as an international standard, guideline, or 
recommendation.  Any Member which is able to provi de a time-limit beyond 60 days is encouraged to 
do so. 
 Step 2 .  The Secretariat will circulate the notification with the minimal delay 
possible.5  The Secretariat will provide paper copies of the notification to the permanent missions of 
all WTO Members, and mail paper copies to one ot her designated address if so requested by a 
                                                      
3 This added specificity reflects the concer n that these recommendations not necessarily 
become a permanent procedure.     
4 Paragraph 3.2 of the Ministerial Decision (WT/MIN(01)/17) states: 
"Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the 
Application of Sanitary and Phytosanitary Measur es, the phrase "reasonable interval" shall be 
understood to mean normally a period of not less than 6 months. It is understood that 
timeframes for specific measures have to be considered in the context of the particular 
circumstances of the measure and actions necessa ry to implement it. The entry into force of 
measures which contribute to the liberalization of trade should not be unnecessarily delayed." 
5 Circulation normally occurs within three to fi ve days of receipt of the notification by the 
WTO Central Registry of Notifications (CRN ). G/SPS/W/224/Rev.2 
Page 4  
 
  Member.  The notification will be posted on both th e "Members' Only" and the public web sites of the 
WTO, including through the SPS Information Manage ment System (http://spsims.wto.org) and will 
be electronically sent within one week of circ ulation to all addresses on the SPS self-subscribing 
electronic mailing list (in the language received by th e Secretariat).  The notification will be included 
in the monthly summary of SPS notifications circulated by the Secretariat.  If a developing country 
Member has difficulties in receiving and distributi ng notifications after receipt, the Member should 
inform the Secretariat thereof and propose how the national enquiry point could be improved.
6 
 Step 3 .  If a Member with an interest in exporting the products affected by the 
notification identifies a concern with the content of the notification, the exporting Member should 
contact the notifying Member, within the comment pe riod, to seek additional information with respect 
to the notified measure and to identify their concer ns.  If the exporting Member requests an extension 
of the comment period, the notifying Member should grant requests for extension of the comment period wherever practicable, in particular with regard  to notifications relating to products of particular 
interest to developing country Members, where there have been delays in receiving and translating the 
relevant documents or where there is a need for fu rther clarification of the measure notified.  A 30-
day extension should normally be pr ovided and notified to the WTO. 
 Step 4
.  The notifying Member should acknowl edge receipt of the request for an 
extension of the comment period, or for additional in formation, and explain within a reasonable period 
of time, and at the earliest possible date  before the adoption of the measure,  to any Member from which 
it has received comments, how it will take these co mments into account and, where appropriate, provide 
additional relevant information on the proposed sanitary or phytosanitary regulation, such as 
information related to testing and insp ection of the product(s) in question. 
  Step 5
.  If an exporting Member identifies significant difficulties with the proposed 
measure, that Member  may in its comments request, in writing, an opportunity to discuss and resolve 
the potential difficulty with the notifying Member.  In  response to such a written request, the notifying 
Member will contact the appropriate officials of the exporting Member and, upon request, enter into 
bilateral discussions to attempt to resolve the issue of concern.  In the case of such a request from an 
exporting developing country Member,  the notifying Member will in any discussions examine 
whether and how the identified problem could best be addressed to take into account the special needs 
of the interested exporting developing country Me mber.  Resolution of the concern identified could 
include one of the following, or a combination thereof:   (1) a change in the measure to be applied on a 
MFN basis;  (2) the provision of technical assistance  to the exporting Member;  or (3) the provision of 
special and differential treatment.  Should special and differential treatment be provided, it would 
apply equally to all developing country Members.    Step 6
.   If, following the entry into force of a new or modified regulation (including 
an emergency measure), an exporting Member identif ies significant difficulties which its exports face 
in complying with the new regulation, it may requ est an opportunity to discuss its difficulties with the 
importing Member to attempt to resolve the issue of concern, within a limited time period7, especially 
where no time, or an insufficient period of time, has been provided for comments.  In the case of such 
a request from an exporting developing country Member,  the importing Member will  would8, in any 
discussions,  examine whether and how the identified problem could best be addressed  to take into 
account the special needs of the interested exporting developing country Member,  so as to enable it to 
satisfy the requirements of the measure.  Resolution of the concern identified could include one of the 
                                                      
6 The "mentoring" procedure for assisting Member s in the implementation of the transparency 
provisions of the SPS Agreement may be useful in this regard (see G/SPS/W/217).  
7 The concern is not only that the consultati ons between importing and exporting Members do 
effectively take place but also that that these occur within a very short time period. 
8 Proposed revision to reflect the original language in G/SPS/33.  G/SPS/W/224/Rev.2 
 Page 5 
 
 
  following, or a combination thereof:  (1) a change in the measure to be applied on a MFN basis;  (2) 
the provision of technical assistance to the exporti ng Member; or (3) the provision of special and 
differential treatment.  Should special and differentia l treatment be provided, it would apply equally to 
all developing country Members.  
 Step 7
.  When a decision is taken  Member decides  on whether and how special and 
differential treatment may be provided for a fina l measure in response to specific requests, the 
notifying Member should promptly submit to the WTO Secretariat an Addendum to its original notification.  The Addendum shall indicate:  (1) th e name(s) of Member(s) that requested special and 
differential treatment;  (2) if special and differe ntial treatment was provided, the form of such 
treatment;  and (3) if not provided, the Addendum sh all indicate why special and differential treatment 
was not provided and whether technical assistance  or any other solution was found to address the 
identified concern.  A format for the Addendum is contained in Annex 1.
  
  Step 8.
  Any Member receiving special and differential treatment or technical 
assistance should inform the notifying Member a nd the SPS Committee whether the treatment they 
have received has resolved the problems they have identified.  [This may be done in writing and/or 
under the agenda item on Special and Differential Tr eatment at any meeting of the SPS Committee.] 
[A format for the provision of this in formation is contained in Annex 2.]9 
  Step 9
.  The [Addendum] [Addenda ] to the notification shall be circulated by the 
WTO Secretariat in the same manner as the notification 
 
                                                      
9 The addition of a new Step is not acceptable to all Members and has led to some concerns 
being raised:, in particular, what would be th e role of the SPS Committee if a recipient Member 
indicated that the S&D provided was insufficient?. G/SPS/W/224/Rev.2 
Page 6  
 
  ANNEX 1 
  
 
WORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
 
 
NOTIFICATION  
 
Addendum  
 
  The following communication, received on DD/MM/YY, is being circulated at the request of the Delegation of [Member].  
_______________  
 
 Title outlining what 
the SPS measure at issue  or product is  
  [Text describing any modification to the notified measure.]   Special and Differential Treatment  
 
 (1) Name(s) of Member(s) that request ed special and differential treatment 
 
 (2) Special and differential treatment provided [   ] Yes  [   ] No 
  Describe how such treatment was provided, including what form it took. 
  (3) If special and differential treatment was not provided, indicate why it was not 
provided and whether technical assistance or  any other solution was found to address 
the identified concern. 
 
 Text available from:  [  ] National Notification Authority, [  ] National Enquiry Point, or 
address, fax number and E-mail addr ess (if available) of other body
: 
  G/SPS/W/224/Rev.2 
 Page 7 
 
 
  [ANNEX 2 
  
 
WORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
 
 
NOTIFICATION OF SPECIAL AND DIFFERENTIAL 
TREATMENT RECEIVED  
  
 The following communication, received on DD/MM/YY, is being circulated at the request of the Delegation of [Member].  
_______________  
  
Title outlining the SPS measure at issue
 
  [Text describing the notified measure, including any modifications] 
 
Special and Differential Treatment  
 
 (1) Describe the needs expressed in the request for special and differential treatment, and   provide the date and form in which the request was made.   (2) Was special and differential treatme nt provided: [   ] Yes  [   ] No 
If yes, describe how such treatment was provided and what form it took, including 
whether technical assistance was offered. 
  (3) Did the special and differential treatme nt provided respond to the identified need?
       
        [    ]  Y e s   [    ]  N o  
   If the answer is "No":   (i)  Indicate why and to what extent the special and differential treatment provided 
did not respond to the needs expressed.  
 
  (ii) Could technical assistance or any other solution be found to address the identified 
needs? 
     (iii) What type of work could be undertaken by the Committee to help address the 
needs expressed?] 
 
__________