. /.   WORLD TRADE  
ORGANIZATION  G/SPS/GEN/731 
12 October 2006 
 (06-4907) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English/ 
 French/  Spanish 
 
  
OIE DISPUTE MEDIATION PROCESS 
 
Communication from the World Organization for Animal Health (OIE)
 
  
 The following communication, received on 11 Octo ber 2006, is being circulated at the request 
of the OIE. 
 
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Introduction 
1. At the 29
th meeting  of the Committee on Sanitary and Phytosanitary Measures (SPS 
Committee) of the World Trade Organization (WTO), the OIE provided a brief explanation of its 
dispute mediation mechanism (G/SPS/GEN/437).  The purpose of this intervention is to remind SPS 
Committee Members of the purpose and structure of the OIE mech anism and to provide some 
comments on our experience in its use. 
2. The OIE trade standards (the Code ) provide sanitary standards and technical guidance for the 
use of importing countries and exporting countries.   These standards are references for trade in 
animals and animal products between WTO Members in  relation to the protection of animal health 
and, in relation to zoonotic diseases, public health.  If a WTO Member country believes that a trading 
partner is not meeting its obligations under the SPS Agreement, including with reference to the 
standards set out in relevant Code  provisions, it may lodge a formal complaint under WTO dispute 
settlement rules.  
3. The OIE offers a voluntary mechanism for assis ting Member countries to resolve technical 
differences whether these count ries are members of the WTO or not.  This mechanism (see 
Article 1.3.1.3., 2006 Edition) was incorporated into the Code .  The OIE Aquatic Animal Health Code  
has contained equivalent provisions since its crea tion in 1995 (Article 1.4.1.3., 2006 Edition).   
Nature of the mechanism 
4. The OIE mechanism is a strictly science-base d approach to finding solutions through 
mediated bilateral consultation.  In contrast, th e WTO dispute resolution process is rather based on 
legal provisions.  The role of the OIE is to help th e parties find a resolution of their differences strictly 
based on scientific elements and with facilitation by OIE experts. 
5. The OIE needs the agreement of both parties to  initiate the process and the outcomes are not 
legally binding unless both parties agree to this in a dvance.  It is also necessary for both parties to 
agree on the terms of reference and the work program.   The Director General of the OIE recommends 
experts, usually from the relevant OIE Reference Laboratories, to facilitate technical discussions. G/SPS/GEN/731 
Page 2  
 
  6. The OIE expert(s) submit(s) a confidential repor t on the findings and recommendations to the 
OIE Director General, who then transmits the report to both parties.  The disputing parties meet all 
costs associated with the mediation process. 
Experience in use of the OIE mediation mechanism 
7. The OIE dispute mediation mechanism has been o fficially used twice to date.  The first of 
these cases relates to discussions between Japan and the United States of America on avian influenza 
in 2002:  
• Initiation – the issue was brought to the OIE by mutual agreement of the parties; 
• The two parties jointly selected three experts from a list presented by the OIE Director 
General; 
• The two parties agreed the scope of discussions; 
• Based on advanced technical submissions from both parties, a meeting was held with 
representatives of the parties and experts a nd coordinators from OIE Central Bureau; 
• The mediation did not result in an agreed set of sanitary measures for both parties but did 
provide a basis for ongoing bilateral discussion and a better understanding of the reasons for 
differences of position; 
• The  report was circulated among the parties concerned and the OIE Central Bureau;  and 
• The process took about seven months and the co st was evenly shared by the two parties 
concerned. 
8. The other case was not a typical dispute.  Th e parties, the European Communities and the 
United States, jointly requested the OIE’s assistan ce in facilitating bilateral consultations on the 
interpretation and implementation of  the BSE provisions in the OIE Code .  The request was made in 
January 2004 and the process concl uded to the satisfaction of both parties in February 2006 after 
six meetings.  With the agreement of the parties, th e report was circulated to the OIE delegates of all 
member countries.  
9. In both cases, the OIE’s mediation mechanis m was effective in facilitating technical 
discussions that assisted in significantly narrowing initial differences and providing a basis for better 
understanding of positions for the two parties.  
 
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