RESTRICTED  WORLD TRADE  
ORGANIZATION  G/SPS/R/55 
23 September 2009 
 (09-4451) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
SUMMARY OF THE MEETING OF 23-24 JUNE 2009 
 
Note by the Secretariat
1 
 
Table of Contents  
 
Page  
I. ADOPTION OF THE AGENDA.............................................................................................3  
II. ELECTION OF CHAIRPERSON ..........................................................................................3  
III. ACTIVITIES OF MEMBERS.................................................................................................3  
IV. SPECIFIC TRADE CONCERNS ...........................................................................................6  
(a) New Issues ..................................................................................................................... .............6  
(b) Issues Previous ly Raised....................................................................................................... ......9  
(c) Consideration of Specific Notifications Received ....................................................................11  
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.9 ..............................................11  
V. OPERATION OF TRANSPARENCY PROVISIONS........................................................11  
VI. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT ................12  
(a) Report on the Informal Meeting ...............................................................................................12  
VII. EQUIVALENCE – ARTICLE 4............................................................................................13  
(a) Information from Members on their Experiences.....................................................................13  
(b) Information from Relevant  Observer Organizations ................................................................13  
VIII.  PEST- AND DISEASE-FREE AREAS – ARTICLE 6........................................................14  
(a) Information from Members on their Pest- and Disease-free Status..........................................14  
(b) Information from Members on their Experiences.....................................................................14  
(c) Information from Relevant  Observer Organizations ................................................................15  
IX. TECHNICAL ASSISTANCE AND COOPERATION .......................................................15  
(a) Information from the Secretariat............................................................................................... 15 
(b) Information from Members....................................................................................................... 16 
(c) Information from Observers ..................................................................................................... 17 
X. REVIEW OF THE OPERATION AND THE IMPLEMENTATION OF THE 
SPS AGREEMENT ................................................................................................................19  
                                                      
 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/55 
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  (a)
 Issues Arising from the Second Review ...................................................................................19  
(b) Third Review (G/SPS/GEN/887/Rev.1, G/SPS/W/234, G/SPS/W/236, G/SPS/W/238, 
G/SPS/GEN/927, G/SPS/GEN/929).........................................................................................20  
XI. MONITORING OF THE USE OF INTERNATIONAL STANDARDS ...........................22  
(a) New Issues ..................................................................................................................... ...........22  
(b) Issues Previous ly Raised....................................................................................................... ....22  
(c) Adoption of Annual Report (G/SPS/W/239 and Corr.1) ..........................................................24  
XII. CONCERNS WITH PRIVATE AN D COMMERCIAL STANDARDS............................24  
(a) Report on Chairman’s Consultations ........................................................................................24  
XIII.  MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS ................................................................................................................27  
XIV.  REQUESTS FOR OBSERVER STATUS ............................................................................27  
XV. CALENDAR OF MEETINGS IN 2010 ................................................................................27  
XVI.  OTHER BUSINESS................................................................................................................2 7 
XVII.  DATE AND AGENDA OF NEXT MEETING.....................................................................28  
 
  G/SPS/R/55 
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  I. ADOPTION OF THE AGENDA 
1. The Committee on Sanitary and Phytosanitary Measu res (the "Committee") held its forty-fifth 
regular meeting on 25-26 February 2009.  The pr oposed agenda for the meeting was adopted with 
amendments (WTO/AIR/3385). 
II. ELECTION OF CHAIRPERSON 
2. The Chairman indicated that the Chairman of  the Council for Trade in Goods had consulted 
on a slate of names for appointment of chairpersons  to the subsidiary bodies of the Council for Trade 
in Goods in accordance with the established Guidelines for Appointment of Officers to WTO bodies 
(contained in document WT/L/31).  In light of th ese consultations, the Council for Trade in Goods 
had approved Ms Miriam Chaves of Argentina as chairperson of the SPS Committee for 2009/2010.  
The Committee endorsed the selection of Ms Chaves by acclamation, and voiced its appreciation to 
Mr Huige for his considerable efforts and accomplis hments as chairperson during the previous two 
years. 
3. The Chairman expressed his gratitude to all Members for their cooperation and assistance 
during his tenure as Chairperson of the SPS Committee.   He also thanked the Secretariat for its 
assistance, and offered his support to the new chairperson. 
4. In assuming the role of chairperson, Ms Chaves expressed her appreciation for the confidence 
shown by Members in giving her this responsibility, a nd her interest to continue to support the work 
of the Committee. 
III. ACTIVITIES OF MEMBERS  
(a) Influenza H1N1 
5. The representative of Canada expressed concern regarding certain trade restrictions on pork 
and pork products imposed on account of H1N1, as ther e was no scientific justification in this regard.  
Canada also referenced the 7 May 2009 FAO/W HO/OIE joint statement which reaffirmed that 
influenza viruses were not known to be transmissi ble to people through eating processed pork or other 
food products derived from pigs.  Canada requested  that measures against Canadian pork and pork 
products be removed as soon as possible in order to resume normal trade. 
6. The representative of Mexico noted that it had included a specific trade concern on this issue 
in the agenda for the meeting.  The representative of Japan support ed the statement by Canada and 
indicated that careful handling of pork and pork pro ducts would ensure that the virus would not be 
transmitted.  
7. The representatives of Argentina, Brazil, Chile , the European Communities, New Zealand, 
Paraguay and the United States shared the concerns  of Canada and Japan.  The representatives of 
Argentina, Brazil, Chile and Paraguay stated that no cases of H1N1 had been detected within their 
territories and urged Members to lift r estrictions on pork and pork products. 
8. The representative of the United States explaine d that many agencies in the United States 
were working together to improve  conditions with respect to this outbreak.  The US Centers for 
Disease Control had been collecting information re garding possible human exposure to swine.  She 
explained that in the United States, a network of Fe deral veterinarians, state animal health officials 
and private practitioners regularly monitor US swine for signs of significant disease.  To date, there 
had been no reports that the influenza virus cu rrently causing illness in humans was circulating 
anywhere in the US swine herd.  The USDA was working closely with the US pork industry and G/SPS/R/55 
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  assured Members that there was no ev idence of H1N1 in swine in its  territory.  Citing the numerous 
statements from the OIE, WHO and WTO, the repr esentative of the United States urged countries to 
immediately remove their non-science based restrict ions on live swine, por k and products from the 
United States. 
9. The representative of New Zealand reported that twelve Members were still maintaining 
restrictions on pork products from New Zealand, despite reporting cases of H1N1 within their own 
territories.  New Zealand urged these Members to lift the restrictions immediately.  The representative 
of the European Communities also requested Member s who had reported H1N1 incidents within their 
territories to lift restrictions immediately.  Such measures brought down consumer confidence 
globally and had unnecessarily impe ded international trade.  
10. The representative of Mexico made a detailed presentation on the difficulties faced by Mexico 
due to Influenza A/H1N1, and described the various measures taken by Mexico to try to prevent this 
virus causing an epidemic.  More informati on is available in document (G/SPS/GEN/921). 
(b) Global Conference on Foot-and-Mouth Disease (FMD) 
11. The representative of Paraguay provided information on the World Conference on FMD 
which was taking place in Paraguay.  The current situation of FMD globally was being discussed at 
the conference, with special emphasis on measures ta ken across the world to prevent the disease, on 
the development and application of vaccines, and on diagnostic methods in certain species.  Over 500 
delegates were participating in the conference.  Di scussions were to result in recommendations to be 
adopted by delegates with the aim of mobilizi ng organizations, government s and all stakeholders 
around the world in efforts to control the disease.  
(c) Mango Exports from Paraguay (G/SPS/GEN/934) 
12. The representative of Paraguay reported on a pilot scheme for mango exports to regional 
markets.  Paraguay was registering mango producers, and fruit flies were being monitored to identify 
species that attacked mangoes.  Paraguay was also  conducting a study on the best geographic location 
for a hydrothermal processing plant for mangoes, in order to facilitate transport of mangoes from the 
farm to the plant. 
(d) Argentine System for Phytosanitary Import Authorizations 
13. The representative of Argentina drew atten tion to the information in G/SPS/GEN/923, 
regarding the new phytosanitary import authorizatio ns being developed for use by the National Agri-
Food Health and Quality Service (SENASA).  The new system would result in changes to the Phytosanitary Import Authorization (AFIDI) docum ent, that would permit more computerized 
management of the documentation re quired for control purposes.  The new system would not affect 
the modalities for meeting the SPS requirements of Arge ntina, and the previous form of AFIDIs could 
continue to be used until the introduction of the new model.  
(e) Pest Survey Programmes in Zambia 
14. The representative of Zambia reported on  a pest survey programme detailed in 
G/SPS/GEN/941.  The fruit fly survey had covered over 50 districts in nine provinces in Zambia and 
the survey was to continue in other parts of th e country.  Zambia was in the process of conducting 
training programmes for provincial trainers and would enlist stakeholders to manage the situation.   
15. The representative of Zambia also provided information on the survey for American 
Foulbrood (AFB) in honeybees.  Samples had been collected from areas with significant production of  G/SPS/R/55 
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  natural honey and 770 samples had been submitted to  the Agriculture Research Council in South 
Africa for further analysis.  There is no indicati on of the presence of AFB in Zambia to date.   
16. The representative of Zambia also reported on surveys for seed crops, potato cyst nematode, 
and banana bunchy-top virus.   
(f) Measures to Prevent Entry of Ye llow Dragon Disease into Cost Rica 
17. The representative of Costa Rica provided info rmation on measures to control the citrus 
bacterial disease Huanlongbing, also knows as  Yellow Dragon disease.  As reported in 
G/SPS/GEN/930, steps were being taken to prevent th e entry of the disease into Costa Rica, including 
increased inspection of citrus material at entry points  into the country, technical training of field and 
laboratory technicians, training of producers and sa mpling of vector insects at the national level.  
(g) Australia's Biosecurity Arrangements 
18. The representative of Australia provided an update on the implementation of the 
recommendations arising from the independent re view of Australia's quarantine bio-security 
arrangements.  New legislation was being devel oped to replace the 100 year old quarantine act to 
provide modern and effective management of biosecur ity risks, and a draft of the legislation would be 
released in late 2009 for public comment.  Nego tiations were underway to establish a new national 
agreement on biosecurity which would include  emergency and disease response measures.  
Institutional reforms were also underway, and th e Biosecurity Services Group would be established 
on 1 July 2009 incorporating Biosecurity Australia , the Australia Quarantine and Inspection Service 
and parts of the Product Integrity Animal and Plant Health Division in the Department of Agriculture, 
Fisheries and Forestry.  Australia’s science-based import risk assessment, import inspection and 
clearance and export certification processes would continue in their present form until the new 
reforms were implemented  These changes would not  affect Australia's contribution to the SPS 
Committee, Codex, IPPC, or the OIE. 
(h) Zimbabwe National SPS Coordinating Committee 
19. The representative of Zimbabwe reported that the national coordination committee on SPS 
issues was being revived.  Various stakeholders were being included in the committee, including 
relevant government departments, private sector representatives, and academic and other 
organizations involved in food safety, animal hea lth and plant health.  The coordinating committee 
aimed to establish a national SPS council that would be formed through an Act of Parliament.  
Zimbabwe was currently considering ratification of the IPPC Convention and hoped this would be 
possible by the end of 2009.  The WTO Secretaria t was scheduled to conduct a national SPS training 
workshop in the coming months.  On the regional front, Zimbabwe was actively involved in the 
Southern Africa Development Committee (SADC) food safety project to identify ways in which member states could harmonize SPS policies and laws.   
(i) Phytosanitary Actions in Mozambique 
20. The representative of Mozambique reported that  its plant health regulations had been 
improved in accordance with the IPPC standards, and were scheduled to enter into force in September 
2009.  Mozambique would declare are as free of fruit fly and identify low prevalence areas in order to 
ensure recognition of its food products, as its south and central regions were free of fruit flies after 
twelve months of systematic food surveillance.  National workshops related to the disciplines of the 
SPS Agreement were being c onducted;  one workshop had been conducted by the WTO Secretariat in 
December 2008, and another workshop relating to  SPS activities took place on 13 June 2009.  G/SPS/R/55 
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  IV. SPECIFIC TRADE CONCERNS 
(a) New Issues 
(i) Import Restrictions on Pork Products Due to In fluenza A/H1N1 Maintained by Armenia, 
Bahrain, China, Gabon, Indonesia, Jor dan, and Surinam – Concerns of Mexico 
(G/SPS/GEN/921, G/SPS/N/CHN/116, G/SPS/N/JOR/20, G/SPS/N/UKR/2)  
21. The representative of Mexico indicated con cern over import restrictions on live pigs, pork 
products and sub-products due to Influenza A/H1 N1.  Mexico had complied with WTO and other 
relevant international recommenda tions since declaring the influenza outbreak on 23 April 2009.  
Document G/SPS/GEN/921 provided information on the actions taken by the Mexican Government to 
control the disease, as well as information on the vi rus and its form of dissemination.  Mexico urged 
Members to notify the Committee of measures taken with regard to th e virus.  The FAO and the OIE 
stated that there was no eviden ce of transmission of the virus through food, and Mexico was 
disappointed that Armenia, Bahrain, China, Ga bon, Indonesia, Jordan, and Surinam continued to 
restrict the import of pork and por k products without any legal or scientific basis.  Mexico was 
grateful to China, Indonesia and Jordan for holdi ng bilateral consultations on the matter, and intended 
to hold bilateral consultations with other count ries.  Australia, Brazil, Canada, the Dominican 
Republic and the United States supported Mexico's concern and Brazil provided further information 
in document G/SPS/S/GEN/922. 
22. The representative of Indonesia thanked Mexi co and the United States for the bilateral 
consultations and stressed Indonesia's commitment to protect its territory and industries from the virus. 
23. The representative of China underlined the fact  that China was the most populous nation in 
the world, and stressed the burden this virus could have on its public health sy stem.  Despite measures 
to prevent entry of the disease into China, there had still been instances of detection of the virus, 
which highlighted how contagious it was.  The provisional measures imposed by China took into 
account its huge population, its susceptibility to th e disease through human-to -human transmission, 
the fact that China were the world's biggest produc er of pork and that pork was the most consumed 
meat product in the country.  China had lifted the ban on pork treated to 70 degrees centigrade.  
Chinese experts would continue to work with othe r Members.  China had notified the WTO of its 
measures. 
24. The representative of Jordan stated that it ha d imposed only a temporary suspension on the 
transport and import of live swine, and that h eat-treated pork products were exempt from the 
suspension.  The temporary measures were under constant revision. 
(ii) Indonesia's New Meat Import Conditions – Concerns of the European Communities 
25. The representative of the European Communities st ated that Indonesia's import restrictions 
with regard to BSE were unjustified and higher th an OIE standards.  Indonesia prohibited imports 
from Members with an undetermined or controlled BSE risk, as well as products which the OIE had 
identified as safely tradeable irr espective of the BSE risk status of the exporting country.  The 
European Communities welcomed Indonesia's new legislation incorporating the principle of 
regionalization, but questioned the justification fo r limiting its applicability only to foot and mouth 
disease, which was not in line with the OIE Terrestrial  Animal Health Code.  It appeared that none of 
the EC comments were taken into account when th e new import conditions came into existence in 
April 2009.  The European Communities requested  Indonesia to accept regionalization commitments 
and to provide clear scientific justification for measures which went beyond the OIE standards.    G/SPS/R/55 
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  26. The representative of Indonesia expressed w illingness to further discuss the matter during 
bilateral consultations. 
(iii) Colombia's Import Restrictions on Gelatine fr om Bovine Hides and Head Skin Due to BSE 
Requirements – Concerns of Brazil  
27. The representative of Brazil referred to Chapter 11.6.1 of the OIE Terrestrial Animal Health 
Code according to which there was no scientific ev idence for banning imports of gelatine derived 
from cattle hides and skins, even when derived from the cattle's head or neck.  However, item 14.10.1 
of the Andean Communities Resolution number 1130 st ated that independently from the BSE status 
of the country, the imported gelatine must be prep ared from hides and skins, excluding that derived 
from heads and necks, which was not in accordance with OIE provisions.  Brazil had withdrawn a 
previous request to include this concern on th e agenda of the Committee, following bilateral 
consultations with Colombia in February 2009 as the Colombian authorities had indicated that the 
Andean Committee on Animal Health would review a nd modify this provision.  However, Brazil had 
not received notice of modification of the notifica tion, and requested Colombia and other Andean 
countries to revise their national requirements withou t waiting for the Andean legislative process so as 
to immediately allow bilateral trad e of gelatine.  Brazil also inquire d whether there was a timetable to 
review the legislative restri ctions on gelatine exporters. 
28. The representative of Colombia responded that  his government was working with Andean 
Community authorities to resolve the issue raised by Brazil.  Although there was no timetable to 
review the restrictions, Columbia was willing to  provide information bilaterally on the actions 
underway. 
29. The representative of the OIE confirmed that gelatine produced from skins and hides was a 
safe commodity with regard to BSE.  At th e recent OIE General Assembly, some additional 
provisions with regard to gelatine manufactured fro m bones had been agreed, thus extending the range 
of products which were considered as safe for the production of gelatine.  
(iv) Colombia's Sanitary Requirements for Importation of Products of Animal Origin – Concerns 
of Panama  
30. No representative of Panama was present to raise this issue, so it was not considered by the 
Committee. 
(v) Certain Member's Restrictions on Catfish – Concerns of Viet Nam 
31. No representative of Viet Nam was present to raise this issue, so it was not considered by the 
Committee. 
(vi) US Measures on Food Products Containing Me at, Poultry or Processed Egg Products – 
Concerns of China 
32. The representative of China observed that US notification G/SPS/N/USA/1913 allowed only 
those countries whose administrative scheme for fo od safety and inspection services regarding food 
products containing small amounts of meat, poultry or processed egg products was identified as 
equivalent to that of the United States to expor t food products containing these ingredients.  This 
recent measure was based on the Federal Inspecti on Law enacted of 1972.  China requested the 
United States to provide the relevant risk assessm ent supporting these new measures, or to withdraw 
the measures if there was no scientific justification.   China was of the view that the measure was not 
in accordance with Articles 2.2 and 5.6 of the SPS Agreement. G/SPS/R/55 
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  33. The representative of Korea shared the concern of China, as Korea had previously exported 
products to the United States containing small am ounts of meat and poultry without any problem.  
Korea requested that the United States comply with international standards in this regard, as well as 
with paragraph 2 of Annex B of the SPS Agreemen t, according to which Members should allow a 
reasonable period of time between the adoption of SPS regulations and their entry into force, in order 
to allow producers and exporters to adapt to the ne w requirements.  Most products affected by this 
measure, such as gravy, had a very low level of  poultry and meat content, and many had undergone 
heat treatment processes. 
34. The representative of Japan shar ed the concerns of China and Korea and asked the United 
States to apply the measure with as much flexibility as possible so as to minimize its trade restrictive 
effects. 
35. The representative of the United States explained that the bases of these restrictions were the 
Federal Meat Inspection Act, Poultry Products Insp ection Act, and the Egg Product Inspection Act.  
Recent inspections by the USDA Food Safety Insp ection Service (FSIS) found that some products 
entering the United States contained ingredients that  did not originate from an approved source.  Any 
product found to be in violation of the requireme nt, as identified through routine FSIS inspections, 
was rejected.  In order to comply with the requi rement, importers seeking a permit after 22 June 2009 
would need to provide an attestation along with the permit application that the meat or poultry ingredient was from an approved source.  The USDA would announce require ments for egg products 
in the near future, as there were also public hea lth concerns in this regard.  Members would be 
informed of all relevant measures and modifications , and were encouraged to work with the FSIS. 
(vii) Japan's Pesticide Maximum Residue Levels (MRLs) – Concerns of Brazil 
36. The representative of Brazil noted that Japan impos ed stricter pesticide residue limits than 
Codex, because it required industry-wide testing for one MRL violation and a 100 per cent test-and-
hold policy in case a second violation involving the same pesticide and commodity took place within one year.  Brazil had difficulty in exporting green coffee beans to Japan, as Japan's MRL was 30 times 
lower than that of Codex.  In a bilateral meeti ng, Japan had stated that the revision of these MRLs 
would take place within two years.  Brazil had request ed an interim transitiona l mechanism as trade in 
coffee was worth over US$300 million per year.  Brazil exported coffee to over 100 countries and requested Japan to modify their procedures in lin e with international standards, or provide a 
transitional period while the Japanese authorities d ecided on the revision of the requirement without 
any negative impact on Brazilian coffee exports. 
37. The representative of China supported Brazil's c oncern, and requested th at Japan's temporary 
standards be based on scientific justification and a risk analysis.  These measures had been applied for 
a period of three years, adversely affecting Chin ese food exports to Japan.  Furthermore, Japan's 
uniform standard of 0.01 ppm for several pesticides was arbitrary and without scientific justification.  
China requested that Japan brings its requirements into  line with the relevant international standards.  
China's exporters indicated that imported products  were subjected to a greater number of random 
inspections.  Furthermore, inspections were carri ed out only on certain imported products, even 
though the same pesticides were also used domesti cally in Japan.  China urged Japan to apply its 
measures uniformly without any discrimination. 
38. The representative of Japan clarified that the MRLs were based on scientific assessment, and 
Codex and other international sta ndards were taken into account when  enforcing the measures.  Japan 
had notified the WTO before establishing these MRLs and had received comments.  The SPS 
Agreement was taken into consideration, and the measures were applied equally to imported and 
domestic products.  The frequency of  inspections was increased based on findings of violations.  
Japan confirmed that the Codex MRLs would be the basis of the current revision, which would occur  G/SPS/R/55 
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  by December at the earliest.  Japan expressed its co mmitment to continuing bilateral discussions with 
Brazil. 
(viii) Proposed US Rule on Importation of Wooden H andicrafts from China (G/SPS/N/USA/1921) – 
Concerns of China 
39. The representative of China expressed gratitude to the United States for a bilateral meeting 
regarding the new notification that all wooden handicrafts would have to  be subject to heat treatment 
and fumigation.  China requested that the require ment be limited only to those products for which 
there was an identified risk, and that the measure comply with Article 5.6 of the SPS Agreement.  
40. The representative of the United States recalled that between 2002 and 2005, during routine 
inspections at US ports of entry, significan t pests were found 418 times including in artificial 
Christmas trees, wooden home products and wood ha ndicraft items, despite certification by China.  
The United States continued to allow wood products from China to be exported to the United States 
subject to a new bark-removal condition.  Upon comp letion of the risk assessment in 2008, the United 
States shared its findings with China and initiated se veral bilateral technical meetings to explain its 
position to ensure that all interested stakeholders  were well informed.  The new rule for importation 
was circulated to all Members on 27 April 2009, and the comment period closed on 8 June 2009.  The 
United States thanked Members for providing comments and assured that these would be reviewed before a final determination on the matter.  
(b) Issues Previously Raised  
(i) China's Hygienic Standard for Distilled Spi rits and Integrated Alcoholic Beverages 
(G/SPS/N/CHN/111) (STC 278) - Concerns of Mexico 
41. The representative of Mexico recalled its con cern with China's regulation for alcoholic 
beverages regarding maximum quantities of ethanol .  Mexico had provided its comments during the 
specified period, and hoped that these would be taken into account.  
42. The representative of China clarified that the na tional standards were applied to all distilled 
and alcoholic beverages equally and were not ai med specifically at Tequila.  A written reply to 
Mexico's comments had been provided, and China hoped a mutually satisfactory solution would be 
found through the ongoing technical discussions. 
(ii) India's Non-respect of International Standards , in Particular in Relation to Avian Flu 
(STC 185) – Concerns of the European Communities 
43. The representative of the European Communities a ppreciated the bilateral meetings with India 
but remained concerned that India's measures were no t consistent with OIE st andards.  Despite having 
raised the concern previously, India continued to make no distinction between low and high 
pathogenic influenza, and had still not shared its scientific justification for the measures.  The 
European Communities regretted that India did not adhere to the principle of regionalization, and 
furthermore that India banned imports of live pigs citing avian influenza fears but had no such ban on 
the domestic market.  The European Communities called upon India to base its import requirements 
on the relevant international standards. 
44. The representative of the United States shar ed the concern raised by the European 
Communities and noted that India prohibited the import of a large number of items, in disregard of the 
relevant OIE Chapter.  The United States requested th at the bans on swine be lifted and that scientific 
justification be provided for all measures.  In add ition, the United States requested India to provide a 
copy of its risk assessment for the measures relating to avian influenza. G/SPS/R/55 
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  45. The representative of India stated that the ban on pork products was taken to prevent an 
outbreak of avian influenza.  The measures were based not only on OIE guidelines, but on relevant 
scientific literature.  Technical experts re-evaluated  the scientific information every six months, and 
now imports were banned only from those countries reporting H5 and H7 strains of low pathogenic 
influenza.  India was concerned that the low pat hogenic virus could mutate into the high pathogenic 
virus, which had a greater impact on animal and hum an health.  Trade concerns should not interfere 
with the protection of human and animal health.  A ll restrictions regarding pork and poultry products 
except live pigs had been lifted from areas reporti ng avian influenza, because the avian influenza 
virus could mutate in the pigs, as both human and avian influenza viruses had established stable virus 
lineages in pigs.  India applied the same measures to domestic products as to imports.  India thanked 
the European Communities for fruitful bilateral discussions on 22 June 2009, and expressed its 
commitment to dialogues with all interested Members. 
46. The representative of the OIE drew attention to  the informal dispute resolution procedure of 
the OIE as a means to resolve technical differences relating to provisions of the Terrestrial Animal 
Health Code.  
(iii) General Import Restrictions Due to BSE (STC  193) – Concerns of the European Communities 
47. The representative of the European Communities drew attention to restrictions on bovine 
meat and related products still im posed by many Members.  The European Communities requested 
that unjustified and discriminatory restrictions be re moved.  The OIE Code stated that no bans were 
necessary even if a country reported cases of BSE.  EC measures to control BSE were exemplary and 
went far beyond OIE requirements, and the Europ ean Communities urged Members to establish fair, 
non-discriminatory and transparent rules for the import of bovine products. 
(iv) Greece's Inspection and Testing Regime for Imported Cereals – Concerns of Canada 
(STC 206) 
48. The representative of Canada expressed con cerns at Greece's testing and inspection 
requirements of imported cereals for genetically modified organisms.  These requirements were 
onerous, with consignments being held for a period of up to seven working days following the taking 
of samples for testing, thus imposing additional cost s and delays.  Canada's wheat exports to Greece 
had fallen from almost Can$49.4 million dollars in 2004, to only Can$8.8 million dollars in 2008, 
with no exports in 2005 and 2 006, partly due to these measures.  GM wheat was not approved for 
commercial production in Canada.  These measures were  not risk based and were contrary to the 
WTO SPS Agreement.  At a meeting on 6 May 2009 between the Greek Minister of Rural 
Development and Food and Canada's Ambassador  to Greece, Canada was informed that a new 
decision which would reduce testing requirements to  five per cent was being developed.  Greece had 
agreed to provide more details in response to a lett er from Canada's Minister for Agriculture and Agri-
food concerning this issue.  Canada looked forw ard to receiving a timely response from Greece in 
order to bring this issue to a conclusion. 
49. The representative of the European Communities acknowledged this problem and stated that a 
number of legal issues had been raised in this rega rd within the EC framework in parallel with these 
bilateral efforts.  The European Communities was awaiting a reply from Greece and was looking 
forward to a solution to the problem. 
(v) US Import Restrictions on Apples (STC 269) – Concerns of China 
50. The representative of China stated that this i ssue had been previously raised several times 
both bilaterally and multilaterally.  China remained concerned about undue delays in the pest risk 
assessment process.  A period of 14 years had gone by and there had been no advancements with  G/SPS/R/55 
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  regard to the risk assessment pro cess.  China requested further clarif ications in this regard and hoped 
for the resumption of trade in apples between the United States and China. 
51. The representative of the United States stated that the risk assessment process was underway 
but not yet completed, and expressed hope for a quick conclusion to the process. 
(vi) Other Issues 
52. The representative of Cuba made a general co mment regarding the consideration of issues 
under agenda Item 4(b).  Several of the trade con cerns had been continuously raised over a long 
period of time.  Referring to Argentina's proposal with regard to the use of the good offices of the 
Chairperson, Cuba suggested that some adjustme nts be made to improve the functioning of the 
Committee.  
(c) Consideration of Specific Notifications Received 
53. No Member raised any comments or interventions. 
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.9 
(i) Mexico's Import Restrictions on Rice (STC 270) – Concerns of Pakistan 
54. The representative of Pakistan reported that an agreement had been reached with Mexico on 
this issue, and all that was now required was that  the final agreed procedures be published.  The 
representative of Mexico confirmed that only some regulatory aspects had yet to be concluded with 
regard to the importation of rice from Pakistan.  
(ii) Chile's Requirement for Quarantine Treatment of Aircraft (STC 260) – Concerns of Argentina 
55. The representative of Argentina expressed appreci ation to Chile for the information it had 
provided and informed the Committee that its concer n had been resolved.  Th e representative of Chile 
confirmed that this issue had been clarified. 
V. OPERATION OF TRANSPARENCY PROVISIONS 
56. The Chairman noted that the most recent list of National Notification Authorities was 
contained in G/SPS/NNA/14 and the most recent list of National Enquiry points was contained in G/SPS/ENQ/24.  She reminded the Committee that th e paper copies of these lists were now updated 
only once every year, but the electronic lists were  constantly updated and available through the SPS 
Information Management System (IMS).  The lis t of Members that had designated Notification 
Authorities and Enquiry Points was contained in G/SPS/GEN/27/Rev.19. 
57. Notifications received since the last mee ting of the SPS Committee were summarized on a 
monthly basis, in G/SPSGEN/910, GEN/917, GEN/924 and GEN/944.  The list of membership in the Codex, IPPC, OIE and WTO was contained in G/SPS/GEN/49/Rev.9 . 
58. The Secretariat observed that there had been a smooth transition by most Members from the 
old to the new formats for notifications, and ur ged Members whose National Notification Authorities 
had not yet done so to use the new formats and to submit these electronically.  Development of an 
online system of submitting notifications was underway  and should be available by the end of 2009, 
and would first be available for SPS notifications.  The Secretariat urged Members to ensure their 
notifications were complete, indicating whether th e measure was based on an international standard, 
and providing information regardin g any deviations.  Members were also requested to keep the G/SPS/R/55 
Page 12  
 
  Secretariat informed of any change in contact information of Notification Authorities or Inquiry 
Points. 
59. The Secretariat provided the Committee with an  update on the mentoring mechanism, which 
was launched in May 2008.  A total of 18 mentori ng requests and nine ment oring offers had been 
received, and some mentors had accepted two or more mentorees.  The Secretariat thanked Members 
who had offered to assist other Members, and reporte d that there were no outstanding requests at this 
time.  The Secretariat encouraged more mentoring offers and feedback from Members on their experiences.  
60. The representative of India stated that the lack of information on notifications about measures 
taken by Members created difficulties.  Even limited information would be helpful, as it would enable 
greater understanding as to the number of measures that  deviated from international standards.  The 
representative of Egypt suggested the inclusion of links to international standards in the online 
notifications interface to facilitate information shar ing for the measures notified.  The representatives 
of Chile, Mexico and Pakistan also commented on the lack of information, and urged the Committee 
to find a solution to the problem. 
61. The Secretariat clarified that if a notification was missing some critical information, this 
would be sought from the notifying authority, as th ey had the legal obligation to provide complete 
information.  The process for providing informat ion was continually being made simpler, and 
Members now had to choose from one of four jus tifications based on the SPS Agreement, and the 
default period for a comment period was set at si xty days.  The Secretariat had considered the 
possibility of a drop-down list of in ternational standards, but it was not feasible as there were far too 
many standards.  Instead of a drop-down list,  the on-line form under development would provide 
hyperlinks to the Codex, IPPC, or OIE websites.   
VI. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT 
(a) Report on the Informal Meeting 
62. The Chairperson reported that during the in formal meeting on special and differential 
treatment on 22 June, Members had focused on the pr oposed revision of the procedure to enhance 
transparency of special and differential treatment in favour of developing country Members contained 
in G/SPS/33.  63. The Chairperson had recalled that the SPS Comm ittee had adopted the procedure contained in 
G/SPS/33 in October 2004, and had agreed to review the implementation of this procedure one year 
after its adoption.  In February 2006, the Comm ittee had agreed to extend the procedure without 
modification, but to review it again in 2008.  Howe ver, in 2008 the Committee had not been able to 
reach agreement on proposed revisions to th e procedure, and the review continued. 
 64. In this regard, the informal meeting had consid ered the proposed revisions to the procedure as 
reflected and incorporated in G/SPS/W/224/Rev.4.   
65. A number of Members had expressed diverging pos itions regarding specific wording that had 
been proposed in the last revision, in some cases wanting to revert to earlie r wording, in other cases 
suggesting different wording.  Many of the comment s concerned the language in Steps 1 to 4.  The 
Secretariat had recalled that the information provide d in Steps 1 to 4 was not intended to create any 
new obligations or procedures, but was drawn from th e relevant provisions in the SPS Agreement, the 
Ministerial Decision, and procedures and guidelines prev iously adopted by the Committee.  In light of 
this, the Secretariat had suggested that the next re vision might be simplified by referring explicitly to 
the existing relevant texts, rather than trying to restate this information in Steps 1 to 4.  The  G/SPS/R/55 
 Page 13 
 
 
  substantive elements of this proce dure were contained in Steps 5, 6 and 7, where there did not seem to 
be too great a difference in views among Members.   
66. Some delegates had expressed concern with the proposed deletion of several of the provisions 
that had previously been included in paragraph 2, including (i) assessment of developing country 
Members' needs in order to ensure the effective functioning of a National Notification Authority and 
Enquiry Point;  (ii) identification of funds for the participation of deve loping country's National 
Notification Authority and Enquiry Point in the Committee meetings;  and (iii) development of a 
"quick guide" to inform developing country Members of the steps to take in case of an SPS measure 
which might have a significant effect on their trade.  The representative of Egypt had suggested that if 
Members did not believe these elements should be in cluded in the S&D transparency procedure, the 
Committee should agree to consider them elsewher e, for example during the Third Review of the 
Operation and Implementation of the SPS Agreement. 
67. The representative of Egypt had also noted that  it appeared that some Members requested and 
received S&D treatment in specific circumstances, but that making public the request for special 
treatment, or the fact that special treatment had been provided, could be politically sensitive for both 
the exporting and importing Members.  The next revi sion might, therefore, "encourage" the sharing of 
such information but not "require" the submission of notifications. 
68. No Member had objected to the Secretariat's proposal for the simplification of the revision of 
G/SPS/W/224/Rev.4.  The Chairperson had urged de legations to consult among themselves to resolve 
their differences regarding this procedure.  A revi sed document would be available for consideration 
at the next Committee meeting in October. 
69. The Chairperson concluded her report by indica ting that no other matters related to special 
and differential treatment had been raised at the informal meeting. 
70. The Chairperson announced her willingness to undertake informal c onsultations on the 
implementation of special and differential treatment , and assured delegates that she would provide 
sufficient time between giving notice of any informal meeting and the actual meeting.  
VII. EQUIVALENCE – ARTICLE 4 
(a) Information from Members on their Experiences 
71. No Member provided any information under this agenda item. 
(b) Information from Relevant  Observer Organizations 
72. The representative of the OIE stated that it was not currently involved in any specific work on 
equivalence, but equivalence was reflected in th e development of standards, as where possible, 
different actions that provided the same le vel of health protection were identified. 
73. The representative of Codex informed the Comm ittee that it had developed specific texts 
regarding equivalence, and the last text had been adopted two years previously.  G/SPS/R/55 
Page 14  
 
  VIII.  PEST- AND DISEASE-FREE AREAS – ARTICLE 6 
(a) Information from Members on their Pest- and Disease-free Status 
(i) Belize – Freedom  from Mediterranean Fruit Fly (G/SPS/GEN/920) 
74. The representative of Belize reported that the Mediterranean fruit fly programme had been 
initiated in 1977, as a surveillance programme.  In  1987, the programme had been modified to its 
present comprehensive status which had allowed Beli ze to maintain its fruit fly free status for 14 
years, and market access for several non-traditi onal products.  Belize thanked the United States for 
recognizing its disease-free status as of 2001, and re iterated that fruit flies had been conclusively 
controlled in its territory. 
(ii) Brazil – STDF Project on Sanitary Compartmentalization in the Poultry Meat Production 
Chain 
75. The representative of Brazil reported that the proj ect had been undertaken to prevent an avian 
flu outbreak in the Brazilian poultry system and was the result of a partnership with the OIE.  Two 
OIE veterinary missions took place in 2006 and 2008 to  verify poultry systems.  The criteria taken 
into account were the achievement of strict bio security standards and geographical location.  The 
working plan had been approved by the STDF, although it was financed by Brazil.  Brazil intended to 
achieve 100 percent sensitivity to avian flu, and an early detection system to detect flu in the avian 
population for better animal  and consumer health. 
(iii) Indonesia – Freedom from Khapra Beetle 
76. The representative of Indonesia described its effo rts to eradicat e Khapra beetle within its 
territory, as detailed in G/SPS/GEN/946.  Following comprehensive quarantine measures, surveillance 
and eradication efforts, there was no evidence of the existence of Khapra beetles.  Indonesia requested 
trading partners to recognize the status of Indon esia as free from this pest, and to case requiring 
fumigation of agricultural products, especially grains, beans and pallets, from Indonesia. 
(iv) Chile – Negligible Risk Status for BSE 
77. The representative of Chile reported that his country had been recognized by the OIE as 
presenting a negligible risk with respect to BSE (G/SPS/GEN/952).  The was the result of intensive 
surveillance and control of the bovine population and the application of strict standards.   
(v) Canada – Low Pathogenic Avian Influenza 
78. The representative of Canada reported that it ha d regained status as free of Low Pathogenic 
H5N2 avian influenza and requested  that trading partners remove any remaining measures due to 
avian influenza in light of its disease-free status (G/SPS/GEN/866). 
(vi) El Salvador – Freedom from Classical Swine Fever 
79. The representative of El Salvador reported that it was now free of classical swine fever.  This 
had been achieved through the monitoring of all pot ential focal-points and the implementation of an 
awareness-raising programme.  
(b) Information from Members on their Experiences 
80. No Member provided further information under this agenda item.  G/SPS/R/55 
 Page 15 
 
 
  (c) Information from Relevant  Observer Organizations 
81. The representative of the OIE recalled that th e OIE International Committee had been re-
named the World Global Assembly.  The OIE offered official recognition of disease-freedom for four 
diseases.  Chile, Colombia and Japan had been re cently accorded official disease-free status with 
regard to BSE. Good progress had been made towa rds the recognition as free from Rinderpest of 17 
OIE members and 12 non-OIE members.  The OIE w as working with the FAO to eradicate Rinderpest 
globally.  The OIE was considering the possibility of granting official recognition of freedom from 
certain horse diseases. 
IX. TECHNICAL ASSISTANCE AND COOPERATION 
(a) Information from the Secretariat 
(i) WTO SPS Activities 
82. The Secretariat reported on the technical assistance activities delivered since the last SPS 
Committee meeting, which included a regional SPS workshop for some English-speaking African 
countries, held in Maseru, Lesotho;  a regional wo rkshop for some French-speaking African countries, 
held in Douala, Cameroon;  national seminars in  Angola, Lebanon, Mauritius, Oman, Saudi Arabia 
and Turkey;  a regional trade policy course in Singapore for Asian countries;  and lectures on the SPS 
Agreement in WTO Geneva-based courses for government officials. 
83. The Secretariat also provided information on the Follow-up Session to the 4th Specialized 
Course on SPS, where participants returned to Ge neva to present reports on the implementation of 
their action plans, which had the objective of im plementing and strengthening compliance with the 
SPS Agreement at the national level. 
84. The WTO will organize the 5th Specialized Course on SPS from 12 to 30 October 2009, in 
Geneva.  The specialized courses comprised in-d epth lectures on SPS issues, and "hands-on" 
activities.  This year's specialized course will be delivered in Spanish. 
85. The Secretariat further recalled that the WTO regularly offers e-training courses on the SPS 
Agreement.  More detailed information on all upcoming SPS technical assistance activities could be 
found in G/SPS/GEN/956. 
86. Through the Doha Global Trust Fund (GTF), fu nds were available to sponsor about 50 
government officials from least-developed and deve loping countries to attend the Workshop on the 
Relationship Between the SPS Committee and the In ternational Standard- setting Organizations on 
26 October 2009, as well as the SPS Committee meetings in October.  Invitations would be sent to 
developing country missions to the WTO to subm it nominations.  The selection of candidates would 
take into account the development status of the Memb er or Observer, the objective of participation of 
experts familiar with the work of Codex, IPPC and OIE, and assistance provided by WTO to attend 
previous SPS workshops in Geneva. 
87. The representative of Saudi Arabia thanked the Secretariat for assistance in conducting a 
national seminar on the SPS Agreement in Riyadh on 16-17 May 2009. 
(ii) Standards and Trade Development Facility (STDF) 
88. The Secretariat reported that one project of th e STDF had been to produce a film highlighting 
the importance of SPS capacity in the context of trade and economic development.  The film was 
shown to the Committee, and copies were availabl e for use by SPS officials in raising awareness G/SPS/R/55 
Page 16  
 
  among their own stakeholders and ge neral public.  The film, which was available in English, French 
and Spanish on the same DVD, was designed to be used  in its entirety or in shorter segments if more 
appropriate for specific audiences. 
89. Preparations had begun on a number of activiti es to be conducted later in 2009, including a 
seminar jointly organized with the World Bank on the implications that climat e change could have on 
SPS systems and capacity needs.  In response to a query, the Secretariat clarified that there was a 
limited budget for funding speakers, but remaining funds could be used to assist the participation of a 
few relevant officials from developing countries. 
90. Another event was scheduled to be organized jointly with the Economic Community of West 
African States (ECOWAS), the European Co mmunities and the World Bank for ensuring a 
coordinated approach in efforts to control fruit fly in West Africa.  The aim was to mobilize resources 
in this direction as the fruit fly was a major cons traint to exports. Another workshop was planned on 
the use of economic analysis to inform SPS decisi on-making.  This would be held in Geneva on 
30 October 2009, immediately following the next meeting of the Committee. 
91. The Secretariat also drew attention to an EC funded programme to enhance the effective 
participation of African countries in SPS-related international standards setting and in the SPS 
Committee (PAN-SPSO).  Two training-of-trainers semina rs would be held in July, in Nairobi, Kenya 
and in Bamako, Mali, in collaboration with Codex, IP PC and OIE.  The objective was to train officials 
from the various regional economic co mmissions, as well as national SPS experts, so that they could 
provide training to others. 
92. The Global Aid for Trade Review was scheduled to take place on 6-7 July 2009.  A related 
event that same week wa s a workshop organized by the Enhanced Integrated Framework, and the 
STDF would be a part of this three-day workshop. 
93. The STDF had received eleven applications for funding, for consider ation by the Working 
Group when it met on 25 June.  Most of the proj ects were designated for Low Income and Least 
Developed countries.  The STDF Secretariat had also  participated in a number of other events to 
enhance awareness on SPS issues, such as the meeting of the Codex Regional Coordination 
Committee for Africa, the Geneva Week event, two regional WTO/SPS workshops in Lesotho and 
Cameroon, and had made a presentation to the Su b-Committee for LDCs.  A new STDF newsletter 
had been published which was made available to  delegates to the Committee meeting.  The STDF 
web page had recently been revamped.  The French  and Spanish versions of  the web site would soon 
be available. 
94. The representative of Paraguay reported that a na tional unit for food safety had been set up in 
its territory as a result of a workshop related to an  STDF project, and that an evaluation mission had 
been carried out in March 2009. 
95. The representative of Australia indicated that Au stralia intended to increase its contribution to 
the STDF to $A750,000. 
(b) Information from Members  
(i) EC – Update on Technical Assistance Activities 
96. The representative of the European Communitie s reported that 22.7 billion euros funding was 
available for the period of 2008-13 to assist in particular certain African, Caribbean and Pacific (ACP) countries.  A programme to strengthen fisheries in ACP countries had been extended for three years.  
The Pesticide Initiative Programme (PIP) had also been  extended for a period of five years, and would  G/SPS/R/55 
 Page 17 
 
 
  involve private as well as official standards.  A programme on animal health in African countries 
would be conducted with a budget of 25 million euros.  The European Communities was committed to 
continue funding the Codex, IPPC and the OIE trus t funds to enable the participation of delegates 
from developing countries.  A significant contri bution had also been made to the PAN-SPSO 
programme, specifically to strengthen capacities of African countries in international standard-setting 
activities.  Programmes relating to safer food in A frica and to identify small and medium enterprises 
interested in exporting to the European Communitie s were also underway with budgetary allocations.  
Several bilateral programmes had also been ini tiated, and the European Communities remained 
committed to Aid for Trade. 
(ii) Argentina, Brazil, Paraguay and Uruguay – Mercosur Harmonization Project 
97. The representative of Paraguay clarified th at the intervention and related document 
(G/SPS/GEN/940) were on behalf of Argentina, Brazil, Paraguay and Uruguay.  The project, 
benefiting from financing by the European Co mmunities, had the objective of analyzing the 
mechanisms used to implement harmonization w ithin the European Community, and using these as a 
reference to identify means to further facilitate  agricultural trade among the Mercosur countries as 
well as between Mercosur and the rest of the worl d.  The project envisaged a number of training 
activities for officials of the four countries, as well as improved exchange of information and 
strengthening of laboratories.  Although the in tegration of the European Communities was being 
considered as a model, there were different circ umstances that would affect the integration in the 
Mercosur area. 
98. The representative of the European Commun ities thanked Paraguay for the update, and 
reiterated its commitment to promote regional integr ation in Mercosur countries, so that EC products 
and those from other trading partners could enter the entire region rather than each individual market.   
(iii) Paraguay – Technical Assistance from the United States for the Strengthening of Veterinary 
Services 
99. The representative of Paraguay reported on a co operation agreement between the Animal and 
Plant Health Inspection Service (APHIS) of the US  Department of Agriculture, IICA and the National 
Animal Quality and Health Service (SENACSA) to  strengthen the veterinary services of Paraguay 
(G/SPS/GEN/936).  
(iv) Paraguay – OIE Evaluation of the Performance of Veterinary Services 
100. The representative of Paraguay indicated that  his government had requested the OIE to 
undertake an evaluation of the transparency and reliability of the national veterinary services 
(G/SPS/GEN/937). 
(c) Information from Observers 
101. The representative of the OIE drew attenti on to G/SPS/GEN/943, which provided information 
on recent activities of the OIE including in capacity build ing.  In particular, as indicated in Annex 2 of 
the document, the Performance of Veterinary Servic es (PVS) evaluations had been undertaken in 85 
countries or territories, and reports had been provide d to 72 OIE members.  The General Assembly in 
May 2009 had adopted a resolution on the application of OIE tools to good governance, PVS follow-up, and PVS Gap analysis.  The objective was to encourage all OIE members to undertake the PVS 
assessment. 
102. The representative of the IPPC reported that the Commission on Phytosanitary Measures 
(CPM) had established an open-ended working gr oup to propose a comprehensive strategy on G/SPS/R/55 
Page 18  
 
  capacity building, and that the strategy and work plan had been provisionall y approved.  These would 
be finalized on the basis of member's comments.  Regional workshops had been scheduled in seven 
regions to discuss draft standards, and funding had b een secured for participation of countries in these 
regions.  Activities were scheduled for later in th e year to launch the establishment of a centre of 
phytosanitary excellence in Africa.  More  details on these activities was contained in 
G/SPS/GEN/926. 
103. The representative of the ITC highlighted some  of the activities detailed in G/SPS/GEN/951.  
The ITC bulletin on exporting seafood to the European Un ion was being translated into Arabic as part 
of a project to help the Yemeni Seafood Exporter s Association (YSEA).  Several activities had been 
undertaken as part of the related STDF 69 projec t.  The YSEA had participated in the 2009 
International Seafood Exposition, during which th ey had established contacts with the counterpart 
Vietnamese Association, and they were now develo ping a joint MoU.  The ITC was involved in a 
Bangladesh quality support programme, and had orga nized one-week study tours to Bangladesh for 
five individuals in March and April 2009.  A generic training package on the SPS Agreement had 
been customized by local trainers, to take in to account the specific problems in Bangladesh.  In 
Kyrgyzstan and Tajikistan, a project funded by th e Swiss Government was drawing to an end.  Two 
companies had been certified to ISO22000 standards in  each of these two countries for the first time.  
A workshop was scheduled in Benin in July 2009 for stakeholders in the cashew sector, and a second 
follow-up workshop was scheduled for late 2009. 
104. The representative of Bangladesh thanked the IT C for its support for over a decade, for its 
assistance to implement food safety programmes, and th e study tours that it had organized to enable 
an understanding of SPS action plans.  Banglades h also thanked the European Communities for 
funding the Bangladesh quality support programme, and the WTO for assistance in organizing a national SPS seminar in August 2009.  
105. The representative of IICA reported on the im plementation of the IICA – STDF 180 project, 
whose aim was to strengthen institutional capacities in the SPS field.  National agendas had been 
developed for 26 of the 28 countries, and countries we re receiving training in institutional areas.  The 
training concentrated on transparency, dispute settle ment, and equivalence.  Future plans included 
providing training on risk analysis, the developmen t of information systems in order to enhance 
awareness in the field of SPS, and workshops on g ood practices.  More information on these activities 
was available in G/SPS/GEN/950. 
106. The representative of OIRSA reported on its technical assistance activities (G/SPS/GEN/948), 
particularly in support of agricultural production ch ains, and in setting up laboratories.  Support had 
been provided to Nicaragua to establish areas free from citrus leprosies, Certatitis capitata , and 
yellow dragon fever or Huanglongbing disease of citrus .  A four-year programme had resulted in El 
Salvador being declared free of classical swine fe ver in April 2009.  A broader programme sought to 
eradicate classical swine fever in the Central Americ an region in the coming years.  Other activities in 
other countries of the region were described in the report.  Harmonization of the region's position in 
international fog a had been achieved by analyzing the draft amendments to the OIE Terrestrial and 
Aquatic Animal Health Codes, and the revised draft ISPMs. A cooperation agreement had been 
signed between the General Secretariat of the Ce ntral American Integration System and OIRSA 
secretariat with a view to improving plant and anim al health conditions and facilitating trade in the 
region's agricultural products. 
107. The representative of Kenya thanked the IPPC and STDF for assistance with the 
establishment to the centre of phyt osanitary excellence in Africa.  Kenya informed the Committee that 
the Better Training for Safer Food project funded by the European Communities had significantly contributed to training people on food safety analysis, and on pest risk analysis.  Kenya expressed its  G/SPS/R/55 
 Page 19 
 
 
  gratitude to DEFRA of the United Kingdom, the Ne therlands Plant Protection Service, and the 
European Commission for their support. 
X. REVIEW OF THE OPERATION AND THE IMPLEMENTATION OF THE SPS 
AGREEMENT 
(a) Issues Arising from the Second Review 
(i) Ad hoc Consultations 
108. The representative of Argentina drew attention to  the submission regarding the proposal to 
develop a procedure to enhance the use of the good offices of the SPS chairperson (G/SPS/W/241).  
Examination of the joint Argentina-US proposal  in G/SPS/W/233 with the most recent draft under 
discussion in the NAMA negotiations on a "horizont al" mechanism for the resolution of trade 
concerns made it clear that there was no conflict between the two proposals.  The SPS Agreement 
provided for ad hoc consultations on specific trade issues, and the Rules of Procedure adopted by the 
SPS Committee had established the mechanism of good offices.  Any actions that made the process 
simpler would help developing country Members in eliminating poverty and improving trade. 
109. The representative of Japan supported the initiativ e to facilitate the use of good offices by the 
SPS chairperson, and suggested that waiting for an outcome of discussions on which the Committee 
had no bearing was futile. 
110. The representative of the European Communities drew attention to the mechanisms that 
existed in the relevant standard- setting bodies to help resolve SPS-rela ted trade issues.  The European 
Communities strongly supported the NAMA horizontal approach, and, although it supported the joint 
Argentina-US proposal, expressed its concern that th e development of a mechanism specific to the 
SPS Committee could undermine the work on a horizont al approach.  The representative of Norway 
supported the position of the European Communities in this regard. 
111. The representative of India agreed on the n eed for a meaningful process to resolve SPS-
related trade issues.  India, however, believed that the most effective and meaningful way to address the issue was through the wider, horizontal approach  being pursued in the NAMA negotiations.  India 
cautioned against negotiating the same issue in two different WTO fora and the possible duplication 
and lack of coherence which could ensue.  India noted that the horizontal mechanism, once final, 
could be applied to all agre ements, with SPS specificities discussed in the SPS Committee. 
112. The representative of Chile welcomed the Ar gentina-US submission and noted that the 
NAMA negotiations should not prevent the Committee from moving ahead on good offices, and developing a procedure or guideline which would pr ovide better guidance to the countries.  The 
representatives of Australia, Canada, China, Cost a Rica and New Zealand supported this proposal. 
113. The Chairperson suggested that the Committ ee could agree to adopt a mechanism on a 
provisional basis, that would be reviewed and re vised as necessary when a conclusion was reached 
regarding the horizontal mechanism. 
114. The representative of the European Communities i ndicated that they had no objections to a 
provisional agreement to facilitate the use of the good offices of the SPS chairperson, as long as this 
did not impede the negotiations on the horizontal mechanism. 
115. The representative of Chile expressed concern that if the mechanism was adopted on a 
provisional basis, agreements reached to resolve trade issues under the m echanism might also be 
considered only provisional.  Other procedures adopted by the Committee on a provisional basis had G/SPS/R/55 
Page 20  
 
  not been revised, as there were normally no comment s or information provided by Members.  Chile 
also noted that the dispute resolution methods within  the three sisters organizations had hardly been 
utilized. 
116. The representative of Argentina stressed the fl exible nature of the proposed mechanism for 
good offices, and observed that many Members were l ooking for this procedure to be applied as soon 
as possible to facilitate resolution of trade problems.   The Committee was functioning in a transparent 
manner to implement the mandate of the Uruguay Round.  Its procedure could be reviewed and 
revised as necessary in light of a mechanism finally agreed in the NAMA negotiations.  The 
representatives of Brazil and India supported this approach. 
117. The representative of OIE clarified that its di spute resolution process had been used on three 
occasions by Members of the SPS Committee.  The OIE mechanism was focussed on the 
interpretation of science and the international standa rds.  The costs of using the OIE mechanism were 
not high and special and differential treatment  was available for developing countries.  The 
representative of the OIE agreed to provide a doc ument explaining the procedure, and stressed the 
confidential nature of the reports on occasions wh ere the mechanism had been used (see also 
G/SPS/GEN437 and GEN/731). 
118. The Chairperson requested the Secretariat to prepare a revised proposal based on the joint 
Argentina-US proposal in G/SPS/W/233, and addressing the concerns raised by other Members in the 
discussions (G/SPS/W/243). 
(ii) Relationship Between the SPS Committee and Codex, IPPC and OIE 
119. The Secretariat recalled that a workshop on the relationship between the three sisters and the 
SPS Committee was scheduled to be held on 26 Oc tober 2009.  The programme was contained in 
G/SPS/GEN/933).  The workshop would address the procedures used by Codex, IPPC and OIE to develop international standards,  and examine ways to enhance synergies between the SPS Committee 
and the three sisters.  All Me mbers and Observers were invite d to attend the workshop.  The 
participation of 50 officials would be facilitated th rough the Global Trust Fund, with preference given 
to candidates from LDCs.  Further information re garding the possibility of  seeking funding would be 
sent to missions shortly. 
(b) Third Review (G/SPS/GEN/887/Rev.1, G/SPS/W/234, G/SPS/W/236, G/SPS/W/238, 
G/SPS/GEN/927, G/SPS/GEN/929) 
(i) Report on the Informal Meeting 
120. The Chairperson reported that the informal meeting on the Review of the Operation and 
Implementation of the SPS Agreement, held on 22 June, had discussed the proposals from China and 
India on issues for consideration during the Third Review and the draft report of the Third Review. 
121. The Chairperson had recalled that at its Oct ober 2008 meeting, the Committee had adopted a 
procedure and timetable for undertaking the Third Revi ew of the SPS Agreement.  This was contained 
in document G/SPS/W/228.  Members had been invited to identify issues for discussion as part of the 
Third Review and since October 2008, the Committ ee had held informal and formal meetings to 
consider the proposals by Members. 
122. China had submitted specific proposals in G/SPS/W/234 regarding Annex C of the SPS 
Agreement.  There had been a number of responses  to China's proposal, in particular by Australia 
(G/SPS/W/238), Codex (G/SPS/GEN/927), IPPC  (G/SPS/GEN/929) and OIE (G/SPS/GEN/947).  G/SPS/R/55 
 Page 21 
 
 
  123. China had recently submitted an addendum to  its original proposal to address these 
comments.  The representative of China maintained that the Commi ttee should initiate discussions on 
how to effectively implement relevant provisions of  the SPS Agreement, and clarify the scope of, and 
some terms in, Article 8 and Annex C.  Australia and other Members had stressed the need to avoid 
duplicating the work being done by the Codex, IPPC  and OIE in the area of control, inspection and 
approval procedures.  The representatives of Australia,  Canada and Japan had also suggested that any 
clarification of terms should be considered on a cas e-by-case basis.  The representative of Codex had 
noted that it was active in developing guidance on  the conduct of audits and inspection, and had 
referred to ongoing work on food contro l and inspection, and food sampling. 
124. Some Members had recalled that Article 8 had been identified in previous reviews as an issue 
for further work.  They had noted that duplication of work could be avoided by leaving technical 
issues to the standard-setting bodies.  A more in -depth discussion on Article 8 and Annex C based on 
specific examples from Members could facilitate the implementation of Article 8.  It had been suggested that information sharing on implementa tion experiences be included as a standing agenda 
item of the Committee. 
125. The Secretariat had offered to prepare a bac kground document with (i) a list of relevant 
international standards/guidelines in the area of control, inspection a nd approval procedures, and (ii) a 
compilation of the pertinent definitions developed by the standard-setting bodies.  The Secretariat had 
suggested that information from Members on the typ es of procedures they considered to fall within 
the scope of Annex C would be useful.  In that  regard, some Members had suggested that the 
Secretariat also compile information on the typ es of problems faced by Members in implementing 
Article 8 and Annex C, to the extent that  the relevant information was available. 
126. The representative of India had referred to its  proposal (G/SPS/W/236) and had specifically 
flagged the need for the Committee to develop clarification or guidelines on:  (i) cases where Members had based their SPS measures on internationa l standards (Article 3.1);  (ii) cases where 
Members had successfully negotiated an equivalence ag reement (Article 4.2);  (iii) measures to be 
taken by Members, including a Code of Good Practice, in cases where private standards were adopted 
by entities within their territories. 
127. Several Members had welcomed the proposals from India as a good basis for further debate 
on important issues.  Such discussion could enable developing country Members to better implement 
SPS provisions and improve market access.  Othe r Members had raised concerns that India's 
proposals would entail a substantial amount of work  for the Secretariat and had requested specific 
examples from India on implementation problems it faced and how its proposals would improve 
implementation.  Members suggested a prioritization of the proposals from India for consideration by 
the Committee. 
128. The Secretariat had observed that, in previ ous reviews, the Committee had discussed and 
resolved a few issues as part of the Review, but primarily had identified issues for further work.  
Regarding India's proposal, the Secretariat had note d that its research capacities were very limited, 
and there was very little information available to  the Secretariat on Members' SPS measures.  
129. The representative of India had indicated that its four proposals were priority issues and had 
suggested that studies could be outsourced.  Inform ation from India alone would not reflect the range 
of problems faced by Members due to the non-use of the relevant internat ional standards.  The 
representative of India had also noted that the Article 13 issues could be considered by the ad hoc  
group on private standards.  
130. Following the timetable adopted by the Committ ee, the Secretariat had circulated a draft 
report of the Third Review on 8 May (G/SPS/W/237).  The Secretariat had noted that the draft report G/SPS/R/55 
Page 22  
 
  was based on the background document for th e Third Review (G/SPS/GEN/887/Rev.1) and 
discussions in the Committee.  The draft repor t also included possible recommendations on the 
specific issues under consideration. 
131. The representative of China had requested that a third bullet point be a dded to paragraph 124 
of the draft report to read as follows: 
• The SPS Committee should initiate discussi ons to identify typical steps of 
control, inspection and a pproval procedures in relation to sanitary and 
phytosanitary measures, as well as application recommendations and good 
practices, to provide guidance for implementation. 
132. The Chairperson had stressed that the goal was to complete the Third Review in 2009 and 
adopt the report of the Third Review at the next meeting in October.  According to the agreed 
procedures for the Review, Members should send an y additional comments relating to the issues 
under consideration to the Secretariat by 27 July
.  Based on discussions this week and any comments 
received, the Secretariat would prepare a revised draft by 25 September .  The Committee would be 
able to discuss the revised draft report during anothe r informal meeting in October, with the aim of 
formally adopting the report during the October meeting. 
(ii) Consideration of the Draft Report 
133. The representative of India raised a query as to the possibility of the circulation of a similar 
questionnaire as the private standard questionnaire to  address problems with compliance with certain 
international standards.   
134. The Chairperson recalled that the final date for submitting comments in regard to the draft 
report on the Third Review was 27 July 2009.  The Secretariat would circulate a revised draft report 
by 25 September.  The Chairperson requested dele gates to be prepared to discuss the report at an 
informal meeting immediately prior to the October meeting, and to formally adopt the report during 
the regular October meeting. 
XI. MONITORING OF THE USE OF INTERNATIONAL STANDARDS 
(a) New Issues 
(i) Paraguay – Adoption of International Phytosanitary Standards 
135. The representative of Paraguay reported that hi s country had recently adopted a number of 
international phytosanitary standard s (ISPM), as detailed in G/SPS/GEN/935. 
(b) Issues Previously Raised 
(i) NAPPO Regional Standard Number 3:  Guidelin es for regulating the movement of ships and 
cargoes aboard those ships from areas infested with the Asian Gypsy Moth (RSPM N. 33) – 
Concerns of China 
 
136. The representative of China observed that the dr aft regional standard developed by the North 
American Plant Protection Organization (NA PPO) on the Asian Gypsy Moth (AGM) had a 
tremendous potential to impact trade between Chin a and countries in North America.  The draft 
standard pertained to all ports in China, wherea s the AGM had historically been found only in the 
north-eastern part of China.  The occurrence of th e AGM in China had been reduced significantly, and 
a joint survey conducted by China and the USDA in 2008 identified no occurrence of AGM in China.   G/SPS/R/55 
 Page 23 
 
 
  China welcomed the open and transparent working pr ocedure of the NAPPO countries, and noted that 
it had sent written comments on the revised draft sta ndard at the end of February 2009.  China 
stressed the need for scientific justification for the proposed measure, and requested that different 
geographic and climatic characteris tics be taken into account.  Chin a invited NAPPO and its member 
countries to participate in a workshop in July that would highlight the preventive and control 
measures it had taken.  China was concerned with the operability of the current draft standards, 
specially with regard to certification and inspecti on requirements, noting the impossibility of checking 
ships and cargo at night, as many ships departed  before dawn.  Moreover, as numerous non-plant 
related cargo such as cars and steel also had to be in spected, it would lead to an increase in costs, thus 
creating a barrier to trade. 
137. The representative of Japan supported the statemen t by China, and stressed that the proposed 
standard could have a huge impact  on international trade.  Japan had submitted its comments at the 
end of April and requested that the revised draft standard not be adopted until its comments were duly 
considered.  The representatives of Korea and Indo nesia shared the concerns raised by China and 
Japan and also requested that Member 's concerns be taken into account. 
138. The representative of Canada underlined that th e NAPPO standard was aimed at controlling a 
real risk to North American forests, which had b een affected by AGM in the past with multi-million 
dollar costs for eradication.  Since March 2009, six ships had been found with AGM egg-masses on 
board.  NAPPO members were aware of the trade impact and the costs associated with control measures, and it was in their own interest to keep  shipping costs low for both imports and exports.  
The draft regional standard had been developed to  be no more trade restrictive than necessary to 
effectively address the risks associated with AGM.  Co mments of all stakeholders  would be taken into 
account when the standard is finalized in August 2009 .  Once the regional standard had been adopted, 
Canada, the United States and Mexico would devel op a coordinated approach  that would consider 
direct impacts of the standard on trade. 
139. The representative of the United States affirmed  that AGM was a highly invasive pest, not 
present in North America, and which had been found on a number of occasions in port areas in North 
America.  The regional standard was based on a ri sk assessment which was available upon request.  
The United States had been working diligently along with Mexico and Canada to solicit scientific and 
technical inputs from concerned countries.  NAPPO e xperts travelled to China, Japan and Korea in 
February 2009 to consult directly with regulatory o fficials, leading to constructive inputs.  In June 
2009, the NAPPO forestry panel revi ewed the comments received and a revised draft of the standard 
would be made available in August 2009.  The Unit ed States assured its trading partners that the 
phytosanitary measures applied would be  consistent with WTO obligations. 
140. The representative of Mexico corroborated the st atements by the United States and Canada.  
Mexico looked forward to continuing to work wi th concerned trading partners to mitigate any 
potential risk of introduction of AGM into North America. 
(ii) Agreement Establishing the Asia Pacific Plant Protection Commission:  Restrictions on 
Imports of Havea Plants from Outside the Region – Concern of Brazil 
141. The representative of Brazil raised concerns re garding some provisions of the Constitutive 
Agreement of the Asia Pacific Plant Protection Commission (APPPC) that restricted the import of Havea plants from outside the region.  The provisions  requested APPPC contracting parties to prohibit 
by law the importation of Havea plants from countries outside the region.  Brazil argued that this 
measure which affected many countries in South a nd Central America, lacked scientific justification 
and was not based on risk analysis.  Brazil had b een exchanging technical and scientific information 
with APPPC countries since 1999.  In 1995, the FAO had recommended that the APPPC follow the 
IPPC standard on the matter and comply with the SPS Agreement.  However, the clause had not been G/SPS/R/55 
Page 24  
 
  revised yet, and Brazil remained concerned about  APPPC member legislation on South American 
Leaf Blight (SALB).  The representative of Paragua y supported Brazil's concern and viewed that the 
measure was unjustified. 
142. The representative of Japan supported Brazil's c oncern.  Although Japan was located in the 
area covered by the Asia Pacific Plant Protection Convention, it was not a member of APPPC due to 
the provisions referred by Brazil against SALB.  Japan appreciated efforts to harmonize the text of the 
APPPC with the SPS Agreement, and hoped a satisfactor y regional standard in this regard would soon 
be agreed. 
143. The representative of Indonesia explained that the measure under consideration was to protect 
the rubber industry of Indonesia from the SALB.  I ndonesia stated that a specific analysis was 
undertaken each time a decision to import was made in order to prevent trade disputes.  Indonesia 
expressed its commitment to the SPS Agreement in this regard. 
144. The representative of the IPPC stated that there were two issues that needed to be addressed 
in this particular case – whether the clause pertaini ng to Havea should be in the convention at all and 
whether the draft pest risk analysis (PRA) was technically sound.  The standard did not prohibit 
imports of all plants and plant products from Brazil.   The FAO had provided technical support to the 
region in order to complete a PRA on whic h a regional standard could be based. 
145. The representative of Brazil noted that there were serious barriers to their export of plants and 
plant products related to SALB.  Braz il had collaborated in the FAO study. 
146. The representative from New Zealand clarified that as a member of APPPC, New Zealand's 
measures with regard to the import of plant material  were all based on the outcome of risk analysis. 
(c) Adoption of Annual Report (G/SPS/W/239 and Corr.1) 
147. The representative of Japan request ed some corrections in the draft report, and recalled that 
the objective of the procedure was to monitor the use of existing international standards or identify the 
need for standards or guidelines.  He questioned wh ether it was appropriate to use this mechanism to 
question standards that were developed by regional  bodies, rather than by Codex, IPPC or OIE. 
148. The representatives of Chile and Peru suggested that it would be useful to have a dialogue 
between Members to reach agreement on this issue. 
149. The Secretariat proposed to maintain the annual report as currently drafted, as it reflected the 
discussions that had been held under this agenda item in the past years.  A revision of the draft report 
would be circulated shortly to include the discussions  and concerns raised at this meeting.  Members 
were invited to adopt the report on an ad referendu m basis, subject to no objections being submitted 
before 27 July. 
150. The Committee adopted the annual report on monitori ng the use of international standards, as 
revised (G/SPS/51). 
XII. CONCERNS WITH PRIVATE AND COMMERCIAL STANDARDS 
(a) Report on Chairman’s Consultations 
151. The former Chairperson reported on the informal consultations which he had held with the ad 
hoc group on private standards on Monday, 21 June .  The representatives of Codex and the OIE had 
also attended the meeting.  G/SPS/R/55 
 Page 25 
 
 
  152. The main focus of the meeting had been on whether the descriptive report provided a 
sufficient basis for the drafting of an analytical report.  The replies to the questionnaire regarding 
specific examples of products whose trade was affect ed by private standards had constituted the first 
phase of a three-phase endeavour.  The draft descriptiv e report had been prepared by the Secretariat 
and circulated to Members on 18 May 2009 as the second phase of the endeavour (G/SPS/GEN/932).  
The third phase involved the preparation of an an alytical report, which was supposed to contain 
proposals for concrete actions for consideration by the Committee. 
153. There had been significant discussion on whether th e information contained in the replies to 
the questionnaire was enough for the Secretariat to begin drafting the analytical report on private standards to be considered by the Committee during the October meeting.  Concerns had been raised 
on the quality of information in some replies, and wh ether a report based on such replies might lead to 
false conclusions.  While some replies were indi cative of problems faced by exporters in the 
responding Member and identified private standards affecting the product clearly, other replies were 
incomplete or in need of verification.  Also, some  replies had identified private standards that were 
not related to SPS requirements, such as on animal welfare. 
154. In addition, the representative of OIE had indi cated that the OIE had established an ad hoc 
working group on private standards.  This group  involved representatives of different backgrounds, 
including from the private sector.  The OIE worki ng group was expected to finalize its report in 
November 2009, and this work could be of impor tance to the deliberations of the SPS Committee. 
155. The representative of Codex had noted that a report prepared by consultants providing an 
analysis of the impact of private standards on fo od safety issues had been completed and would be 
discussed by the Codex Alimentarius Commission at  their meeting of 29 June to 4 July 2009. 
156. Members involved in the consultations had agreed  that the outcome of the work by Codex and 
OIE should be taken into consideration in the finaliza tion of the analytical report.  It had also been 
agreed that the analytical report would pertain on ly to SPS-related private standards.  The October 
2009 workshop on the relationship between the three sisters and the SPS Committee would also 
provide an opportunity to further examine the work  being done on this issue by the Codex, IPPC and 
OIE. 
157. In light of the quality of information in some replies, it had been suggested that Members be 
invited to provide more information or verify their previous responses.  An e-mail exchange could be 
established for this purpose. 
158. A few delegates had noted that they woul d welcome guidance on the implementation of 
Article 13 of the SPS Agreement, and some had s uggested that recommendations contained in the 
analytical report would de facto provide some guidance. 
159. A significant element of the draft analytical report would be the identification of possible 
practical actions by the Committee and/or Members to address the problems identified by Members.  Such actions could include, for example, reco mmendations for transparency regarding private 
standards, encourage greater harmonization among pr ivate standards, periodic meetings with the 
private standard-setting bodies, and/or a monitoring role for the SPS Committee. 
160. The Secretariat had drawn attention to the pub lication of a report on the impact of private 
standards in Africa from the UK International In stitute for Environment and Development, the 
Department for International Development (DFID) and the National Resources Institute (NRI), which 
contained relevant inputs to the present discussion. G/SPS/R/55 
Page 26  
 
  161. On the basis of these consultations, it was suggested that the Secretariat begin preparing the 
draft analytical report according to the agreed ti metable.  Any Member wishing to provide further 
inputs or comments on responses to the questionnair e or on the descriptive report (G/SPS/GEN/932), 
could do so by 27 July 2009
.  Comments or suggestions with respect to the analytical report should be 
provided to the Secretariat no later than 1 September 2009 .  Following consultations with the ad hoc 
group, the Secretariat would circulate the draft analytical report by 15 October 2009 , for consideration 
during the October Committee meeting.  
162. Following his report on the informal consultati ons, the former Chairperson urged Members 
not to approach the issue as a North-South debate , as the objective was to achieve mutually agreed 
and practical proposals to resolve specific problems. 
163. The representative of Egypt stressed the importance of involving private standard 
organizations in the discussions of the Committee,  as well as the importance of provisions on 
transparency.   
164. The representative of Brazil observed that the working group had been  established in 2007, 
and expressed apprehensions that a lot of time had b een wasted without a conclusive determination on 
the issue.  Brazil urged Members to clearly identify actions in order to achieve real benefits.  The 
representative of Cuba also expressed concern at the lack of progress, and urged Members of the ad hoc group and the Secretariat to work to gether to arrive at a conclusion.   
165. The representative of Pakistan dr ew attention to the need to take into account the work of 
Codex, IPPC and OIE.  She noted that harmoni zation of private standards was supported by all 
Members. 
166. The representative of Mexico underlined that work  on this issue should proceed on an ad hoc 
basis, and suggested that one way of ensuring ach ievement of the objectives was to hold informal 
consultations between Committee meetings. 
167. The representative of Uruguay supported the comme nts of Brazil and Egypt, and urged that 
the situation be improved in this regard.  Harmoni zation and transparency were significant points, and 
some headway was being made.  The focus should now shift from identifying the problems faced to 
consideration of solutions.  The representative of  Argentina pointed out that the most important 
objective would be to achieve time frames for acti ons, but no conclusions c ould be reached until the 
analytical report was circulated.  
168. The representative of Mauritania underlined th e importance of the discussions on private 
standards and the particular importance this issue had for Africa. 
169. The OIE reported that it was working on two speci fic areas with respect to private standards – 
on animal welfare and health.  The former was out of  the scope of this Committee, and the OIE lacked 
sufficient concrete examples for the latter.  A qu estionnaire would be sent to OIE members to seek 
information in this regard. 
170. The Chairperson reiterated the three phase pro cess agreed by the Committee.  Members were 
encouraged to supply any correcti ons or additions with respect to the specific examples they had 
provided for the descriptive report by 27 July.  Sugg estions and inputs for the analytical report should 
be provided by 1 September, via email to the Secret ariat.  The Chairperson indicated that she would 
be available for consultations should Members so desire.  G/SPS/R/55 
 Page 27 
 
 
  XIII.  MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS 
171. The representative of the Codex drew a ttention to G/SPS/GEN/928, which contained 
information on Codex activities.  Codex now had 1 80 members, with Tajikistan and Djibouti as the 
most recent new Members. 
172. The representative of the IPPC noted that its  standard-setting programme was outlined in 
G/SPS/GEN/926.  Various stages of the standard -setting process involved input from experts, and 
phytosanitary awareness was require d to ensure that all members submitted appropriate comments on 
draft standards of relevance to them.  
173. The representative of the OIE indicated that  G/SPS/GEN/942 provided information on recent 
activities, including with regard to avian influen za.  Dr Carlos Correa Messuti of Uruguay had been 
elected as the new president of the World Assembly of Delegates in May.  The OIE was now working 
on its Fifth Strategic Plan, for 2011-2015, whic h was to be finalized within two months. 
XIV.  REQUESTS FOR OBSERVER STATUS 
174. The Committee agreed to invite all of the ad hoc observers to participate in its next meeting, 
including  the informal meetings on the Revi ew and on special and differential treatment. 
175. There was no change in the position of Members with respect to the pending requests for 
observer status from the Asian and Pacific Coc onut Community (APPC), Convention on Biological 
Diversity (CBD), International Vine and Wine  Office (OIV) and the Gulf Cooperation Council 
Standardization Organization (GSO). 
176. The Secretariat reminded the Committee of th e information provided earlier on the PAN 
SPSO project, which was being implemented through the regional economic bodies of Africa.  As part 
of this project, the secretariats of these regional co mmissions were likely to request observer status in 
the SPS Committee.  It would be very useful if the staff of the regional secretariats were familiar with the method of functioning and work of the SPS Co mmittee;  knowledge that was most effectively 
gained by participating in its meetings.  This, in turn, would enable the regional secretariats to provide 
better training to officials in individual countries, to enhance the effectiveness of the participation of 
African countries in the work of the SPS Committee and of Codex, IPPC and OIE. 
177. The Secretariat has reported that it had agreed to  participate as part of an inter agency liaison 
group on alien invasive species not covered by IPPC  standards, organized by the secretariat of the 
CBD.  Given that there were various issues of comm on interest and work between the SPS Committee 
and the CBD, the Secretariat observed that it coul d be beneficial if the CBD secretariat could 
participate in meetings of the Committee to  facilitate communication and coordination. 
XV. CALENDAR OF MEETINGS IN 2010 
178. The Committee agreed on the tentative dat es for its meetings in 2010 (G/SPS/W/240). 
XVI.  OTHER BUSINESS 
(i) Brazil – Exports of Cooked and Frozen Meat to Mexico (STC 263) 
179. The representative of Brazil provided informati on on progress made regarding the export of 
cooked and frozen meat to Mexico.  A bilatera l working group on technical and agricultural G/SPS/R/55 
Page 28  
 
  cooperation between Brazil and Mexi co had met, and it was agreed that Mexico would send an 
inspection mission between 15-20 October 2009. 
(ii) Mexico – Draft Revision of the Codex Code of Ethics 
180. The representative of Mexico drew attention to the most recent draft revision of the Code of 
Ethics under consideration by the Codex Alimentarius  Commission.  Mexico was concerned that the 
current draft text was seriously inconsistent with  the rights and obligations of Members under the SPS 
Agreement, as it lacked scientific and legal basis.   Members should not attempt to modify the rights 
and obligations under WTO Agreements through the work  of the standard-setting organizations, to the 
prejudice of both developed and developing country Me mbers   The representative of  Mexico urged 
delegates to read the draft Codex document, consid er its possible implicati ons, and take appropriate 
actions. 
181. The representative of Chile noted that the Codex Code of Ethics had long been in existence, 
and the current discussions concerned its possible revision.   
XVII.  DATE AND AGENDA OF NEXT MEETING 
182. The Chairperson recalled that the next meeti ng of the Committee was tentatively scheduled 
for 28-29 October, with informal meetings on the Third Review and on special and differential 
treatment on 27 October. 
183. The workshop on the relationship between th e SPS Committee and Codex, IPPC and OIE 
would be held on Monday, 26 October, and the STD F workshop on the use of economic analysis to 
enhance SPS decisions would take place on Friday, 30 October 2009. 
184. The Committee agreed on the following tent ative agenda for the next meeting: 
 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.9 
 4. Operation of transparency provisions  5. Implementation of special and differential treatment 
(a) Report on informal meeting 
(b) Review of operation of S&D transparency procedure (G/SPS/33) 
 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) Information from Members on their pest or disease status 
(b) Information from Members on their experiences in recognition of pest- or 
disease-free areas 
(c) Information from relevant  observer organizations  G/SPS/R/55 
 Page 29 
 
 
   8. Technical assistance and cooperation 
(a) Information from the Secretariat 
(b) Information from Members 
(c) Information from observers 
 9. Review of the Operation and Implementation of the SPS Agreement 
(a) Issues arising from the Second Review 
(i) Report on workshop on relationship between SPS Committee, 
Codex, IPPC  and OIE 
(ii) Use of ad hoc consultations 
(b) Third Review 
(i) Report on informal meeting 
(ii) Consideration of draft report 
 10. Monitoring of the use of international standards 
(a) New issues 
(b) Issues previously raised 
 11. Concerns with private and commercial standards 
(a) Report on Chair's consultations 
(b) Consideration of analytical report 
 12. Transitional Review under Paragraph 18 of the Protocol of Accession of the People's 
Republic of China 
 13. Matters of interest arising fro m the work of observer organizations 
 14. Observers – Request for observer status 
 15. Chairperson's annual report to the Council for Trade in Goods  16. Other business  17. Date and agenda of next meeting 
185. Members were asked to take note of the following deadlines: 
(a) For submitting comments on the draft report for the Third Review:  Monday, 
 27 July ; 
(b) For submitting comments on the descriptive report on private standards 
(G/SPS/GEN/932 and any corrections to responses to the questionnaire on private standards (G/SPS/W/232):   Monday, 27 July
; 
(c) For submitting comments or suggestions regarding the analytical report and 
recommendations to be prepared on the issue of private standards:  Tuesday, 
1 September;  
(d) For identifying new issues for consideration under the monitoring procedure, AND 
for requesting that items be put on the agenda : Thursday, 15 October;  
(e) For the distribution of the airgram:  Friday, 16 October 2009  
__________