WORLD TRADE  
ORGANIZATION  G/SPS/W/243 
7 September 2009 
 (09-4218) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
PROPOSED RECOMMENDED PROCEDURE FOR AD HOC CONSULTATIONS  
OR NEGOTIATIONS AMONG MEMBERS UNDER  
THE SPS AGREEMENT (ARTICLE 12.2) 
 
Note by the Secretariat
1 
 
 
INTRODUCTION 
 
1. The Agreement on the Application of San itary and Phytosanitary Measures ("the 
Agreement") mandates the Committee on Sanitary an d Phytosanitary ("the Committee") to encourage 
and facilitate ad hoc consulta tions or negotiations among Members on specific sanitary or 
phytosanitary issues, according to Article 12.2.  
2. The Working Procedures of the Committee (G/SPS/ 1), adopted by the Committee at its first 
regular meeting in March 1995, establishes that "[w] ith respect to any matter which has been raised 
under the Agreement, the Chairperson may, at the re quest of the Members directly concerned, assist 
them in dealing with the matter in question".2  
3. In accordance with Article 12.7 of the Agreemen t, the Committee has carried out two reviews 
of the operation and implementation of the Agreem ent to date.  In both Reviews, the Committee 
recognized the usefulness of the application of Article 12.2 to assist Members to reach mutually 
satisfactory solutions regarding sanitary and phytosanitary issues.3  In the Second Review of the 
operation and implementation of the Agreement, Me mbers were encouraged to "make use of the 
possibility for ad hoc consultations, including thr ough the good offices of the Chairperson of the SPS 
Committee, to facilitate the resolu tion of specific trade concerns".4 
4. To date, the good offices of the Chairp erson has been used on three occasions.5  
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the position of Members or to their rights and obligations under the WTO. 
2 G/SPS/1, paragraph 6. 
3 G/SPS/12, paragraph 24, and G/SPS/36, paragraphs 87-88. 
4 G/SPS/36, paragraph 88. 
5 By Argentina, Brazil, Chile, South Africa and Uru guay with respect to measures relating to citrus 
canker taken by the European Communities, in March 19 98 (G/SPS/GEN/204/Rev.9/A dd.3, paras. 155-158);  
by the United States with respect to restrictions on wheat and oilseeds maintained by Poland, in November 1998 (G/SPS/GEN/204/Rev.9/Add.2, paras. 551-552); and by Ca nada with respect to import restrictions on bovine 
semen maintained by India, in March 2001 (G/SPS/GEN/204/Rev.9/Add.2, paras. 370-378). G/SPS/W/243 
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  5. With a view to provide further guidance to Members on the procedure for ad hoc 
consultations according to Article 12.2, Argentina a nd the United States each circulated a proposal for 
the Committee's consideration.
6  Subsequently, both Member s introduced a joint proposal7, which is 
the basis for the "Recommended Procedure for Ad Hoc Consultations and Negotiations Among 
Members under the SPS Agreement (Article 12.2)" below, which also takes into account other 
Members' comments and suggestions.  
 
                                                      
6 Argentina's proposal was circulated in March 2008, as document G/SPS/W/219.  The United States' 
proposal was circulated in June 2008, as document G/SPS/W/227.  
7 G/SPS/W/233.  G/SPS/W/243 
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  RECOMMENDED PROCEDURE FOR AD HOC CONSULTATIONS AND NEGOTIATIONS 
AMONG MEMBERS UNDER THE SPS AGREEMENT (ARTICLE 12.2) 
 
Proposed Decision by the Committee  
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Having regard  to paragraph 1 of Article 12 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreement"); 
 
Seeking  to further encourage and facilitate ad hoc consultations or negotia tions among Members on 
specific sanitary and phytosanitary issues, in acco rdance with the provisions of Article 12.2 of the 
Agreement;  
Recalling that the Working Procedures of the Committee calls on the Chairperson of the Committee to 
assist Members to deal with any matter which has been raised under the Agreement, upon a request by 
the Members directly concerned;  Recalling  that during the reviews of the operation an d implementation of the Agreement, Members 
recognized the usefulness of application of Arti cle 12.2, and encouraged the use of ad hoc 
consultations, including through the good offices of th e Chairperson of the Committee, to facilitate 
the resolution of specific trade concerns;  Taking  into account the ongoing negotiations  of the Doha Development Agenda; 
 
Decides as follows: 
 1. This procedure is intended to encourage and f acilitate ad hoc consulta tions or negotiations 
among Members on specific sanitary or phytosanitary i ssues, with a view to assist Members to reach 
mutually satisfactory solutions, according to Article 12.2 of the Agreement. 
2. This procedure does not add to nor detract from the existing rights and obligations of 
Members under the Agreement nor any other WTO Agre ement.  This procedure does not provide any 
legal interpretation or modification to the Agreement itself and is without prejudice to the right of a 
Member to determine its appropriate level of sanita ry or phytosanitary protection against risks to 
human, animal or plant life or health.  
3. This procedure is not intended to prejudice in  any way the process or outcome of the work of 
other Committees, including the work those Commit tees are doing related to the Doha Development 
Agenda. 
I. GENERAL CONSIDERATIONS 
4. Any Member may at any time request consulta tions regarding any sanitary and phytosanitary 
measure(s) or related technical issue(s) falling under the scope of the Agreement. 
5. Member participation in consultations is voluntary. 
6. The decision of whether to participate in cons ultations, and all positi ons taken by Members 
during such consultations, will be without prejudice to the rights or obligations of a Member under the 
WTO Agreements. G/SPS/W/243 
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  7. The consulting Members, as well as the Chairp erson of the Committee and the Secretariat 
when involved, will treat as confidential the in formation submitted and positions taken during 
consultations, unless disclosure is consen ted to by the consulting Members.  
8. The Members agree that consultati ons will be held in good faith. 
II. PROCEDURE FOR ADDRESSING CONC ERNS REGARDING SPS ISSUES 
Step A:  Request for Consultations  9. A Member (the "requesting Member") must requ est consultations with another Member (the 
"responding Member") in writing.  The request will:  (1) refer to the measure(s ) or technical issue(s) 
to be consulted on; and (2) state the reasons fo r requesting consultations as well as any preliminary 
questions and concerns regarding the measure(s) or technical issue(s), including possible effects on 
trade, as well as, if any, relevant provision(s) of  the Agreement and existing international standards, 
guidelines or recommendations adopted by the pertinen t international organizations as referred to in 
the Agreement.  In addition to sending the request  to the responding Member, the requesting Member 
will send the request to the Secretariat and the Ch airperson of the Committee on the same day as the 
request is made.  
Step B:  Response to a Request 
10. The responding Member will notify the requesti ng Member in writing whether it accepts or 
rejects the request within 30 days of receiving the request.  The responding Member will also send the 
response to the Secretariat and the Chairperson of the Committee on the same day as the response is 
made. 
Step C:  Consultation Procedure 
11. Where the responding Member has accepted th e consultations request, the consulting 
Members shall set a date within 45 days of accepti ng the request for the consultations for a meeting. 
12. The role of the Chairperson of the Comm ittee (or designee thereof) is to facilitate 
communication between the consulting Members.  In  that regard, the Chairperson of the Committee 
(or designee thereof) will consult with both Members regarding the parameters of the consultations, 
including, but not limited to: 
(a) whether it is recommended that technical experts of each consulting Member should 
be present at the consultations; 
(b) whether production of written responses and supplementary questions are desirable; 
and 
(c) whether a mutually acceptable schedule for such submissions and for further 
meetings, if necessary, can be determined.   
13. At no time may the Chairperson of the Committee (or designee thereof) opine on a technical 
issue or on the consistency with any WTO Agreement,  including the Agreement, of a measure(s) or a 
consulting Member’s position on a technical issue(s).   G/SPS/W/243 
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  14. Where a consulting Member identifies a standard, guideline, or recommendation of Codex 
Alimentarius Commission, the World Organisation fo r Animal Health (OIE), or the International 
Plant Protection Convention (IPPC), the consulting Me mbers may jointly request the participation of 
the secretariat of the organization whose standard, guideline, or recommendation has been invoked to 
explain the scope or content of that standard, guideline, or recommendation. 
15. The consulting Members will endeavour to comp lete the consultations within a reasonable 
period of time. 
16. When either one or both of the consulting Me mbers wish to conclude the consultations, the 
Member(s) may do so through written notification to the other consulting Member at any time.  The 
Member or Members (if acting jointly) will promp tly provide written notification to the Secretariat 
and the Chairperson of the Committee (or designee th ereof) that the consultations have concluded. 
17. At the conclusion of the consultations, with approval from both Members, the Chairperson of 
the Committee will report the general outcome of th e consultations to the Committee in accordance 
with the established working procedures of the Committee.8  The report will not contain confidential 
information unless both consulting Members consent to the inclusion of such information as described 
in paragraph 7. 
III. MONITORING 
18. The Secretariat will monitor the use of this pr ocedure, and, in accord ance with paragraph 7, 
will ensure that the Secretariat’s conclusions of such monitoring are reflected in the summary of 
Specific Trade Concerns that the Secretariat annually provides to the Committee (G/SPS/GEN/204). 
IV. REVIEW AND DURATION 
19. This procedure will be reviewed periodically  and revised as necessary by the Committee in 
light of experience gained through its application.   The Committee should undertake a first review of 
these guidelines not later than two years after thei r adoption by the Committee and thereafter as the 
need arises. 
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8 G/SPS/1, paragraph. 6.