WORLD TRADE  
ORGANIZATION  G/SPS/W/224/Rev.3 
27 March 2009 
 (09-1521) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
PROPOSED REVISION OF THE PROC EDURE TO ENHANCE TRANSPARENCY 
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR OF DEVELOPING 
COUNTRY MEMBERS (G/SPS/33) 
 
Note by the Secretariat
1 
 
Revision  
  
INTRODUCTION 
 
1. In October 2004, the Committee on Sanitary and Phytosanitary Measu res ("the Committee") 
adopted a procedure to enhance transparency of  special and differential treatment within the 
Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") 
(G/SPS/33, hereinafter referred to as the "S&D Transp arency Procedure").  This decision provided for 
a review of the implementation of the S&D Transpar ency Procedure within one year of its adoption. 
2. In February 2006, the Committee decided to ex tend the S&D Transparency Procedure as 
adopted in October 2004 and to review its implementa tion no later than at its first regular meeting in 
2008, with a view to deciding then whether to continue with the same procedure or introduce 
modifications. 
3. In March 2008, the Committee decided to dela y its review of the S&D Transparency 
Procedure until after the confirmation of the revisi on of the recommended transparency procedures on 
30 May 2008 (G/SPS/7/Rev.3). 
4. On 6 June 2008, the Secretariat circulated a proposed revision to the S&D Transparency 
Procedure reflecting (i) proposals informally subm itted by Egypt (Job(07)/104), (ii) modifications 
related to the change in the recommended transpar ency procedures in general (G/SPS/7/Rev.3), and 
(iii) relevant discussions in the SPS Committ ee (G/SPS/W/224).  The proposed revision has 
subsequently been modified in light of Member s' comments and discussions in the Committee.  
5. This third revision to W/224 incorporates th e additional comments and suggestions made by 
Members at the informal and formal Committee me etings on Special and Differential Treatment in 
February 2009.  The most recent proposed add itions are underlined, while proposed deletions are 
struck-out.  Explanations provided by Members fo r the proposed changes are included in footnotes. 
                                                     
 
1 This document has been prepared under the Secretar iat's own responsibility and is without prejudice 
to the position of Members or to their rights and obligations under the WTO. G/SPS/W/224/Rev.3 
Page 2  
 
  PROCEDURE TO ENHANCE TRANSPARENCY OF SPECIAL AND DIFFERENTIAL 
TREATMENT IN FAVOUR OF DEVELOPING COUNTRY MEMBERS 
 
Proposed Decision by the Committee
 
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Recalling that paragraph 1 of Article 10 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreemen t") states that in the preparation and application of sanitary or 
phytosanitary measures, Members sh all take account of the specia l needs of developing country 
Members, and in particular of th e least-developed country Members; 
 Seeking to develop effective, concrete and operational means to facilitate the implementation of this 
provision; 
 
Recognizing  the difficulties that Member s, and in particular developi ng country and least-developed 
country Members, may face in adapting their produ cts and methods of production to new or changed 
requirements of im porting Members;  
 Recognizing  also the need to make transparency procedures more effective and operational for 
developing country Members, and in par ticular least-developed country Members; 
 Noting  that the provision of technical assistance, as referred to in Article 9 of the Agreement, may 
assist Members adapt their products and methods of production to new or changed requirements; 
 
Recalling  that paragraph 2 of Article 9 of the Agreement indicates that where substantial investments 
are required in order for an exporting developing coun try Member to fulfil the sanitary or phytosanitary 
requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to main tain and expand its market access opportunities for 
the product involved;  
 
Recalling  that the Committee's regular agenda items  on the "Implementation of Special and 
Differential Treatment" and on the "Operation of Tr ansparency Provisions" provide opportunities, on 
an on-going basis, for raising concerns or assessing progress with respect to the implementation of the 
procedure to enhance transparency of special a nd differential treatment in favour of developing 
country Members; 
 
Encourages Members to make full use of this procedure and thereby to also contribute to enhanced 
transparency with respect to special and differe ntial treatment and/or technical assistance being 
offered or provided upon request;  and 
 
Decides  that the following revised  procedures should be followed to e nhance transparency of special 
and differential treatment in favour  of developing country Members : 
 
1. The procedure to enhance transparency of sp ecial and differential treatment in favour of 
developing country Members essentially follows th e relevant current practices and recommendations 
regarding the submission and handling of notificatio ns as described in G/SPS/7/Rev.3, with additional 
actions included as Steps 5 through 9
. 
2. The Committee shall examine ways to ensure that developing country Members, and in 
particular least-developed country Members, have the capacity to effectively receive and review the  G/SPS/W/224/Rev.3 
 Page 3 
 
 
  notifications of other Members, in order to identif y those which may have potential significant effect 
on their international trade.  The Committee may consider, inter alia : 
(a) an assessment of the needs of developing country Members, and in particular 
least-developed country Members, to ensure the effective functioning of a National 
Notification Authority and Enquiry Point;  
(b) the identification of means to fund the participation of National Notification 
Authorities and/or Enquiry Points from developing country Members, and in 
particular from least-developed country Me mbers, to meetings of the Committee;  
(c) the development of a mechanism for sh aring comments submitted by Members in 
response to SPS notifications;  and  
(d) the development of a "quick guide" to in form developing country Members of the 
steps which they may take should they have reason to believe that a new or modified 
SPS measure could have significant e ffect on their international trade.  
3. The Committee shall review the implementation of this procedure, in light of the experiences 
of Members and the submission of notifications, as an  integral part of its periodic Review of the 
Operation and Implementation of the Agreement under Ar ticle 12.7.  The next such Review is to be 
completed in 2012  2009 , and every four years subsequently. 
4. The Committee may decide to modify, suspend or  terminate this procedure at any time, in 
light of the experiences of Members in its implementation. 
5. This procedure is without prejudice to th e rights and obligations of Members under 
Article 10.1 of the SPS Agreement.  The Committ ee recognizes that this procedure does not fully 
resolve the issue of special and differential treatment , but that it is one step in addressing the problem 
of implementation of the special and differentia l treatment provisions of the Agreement.  The 
Committee agrees to consider other proposals and possible actions. 
 Step 1 .  A Member preparing a new or a modification to an existing SPS regulation 
shall submit a notification to the WTO Secretariat,  following the guidance provided in Annex B of the 
SPS Agreement and G/SPS/7/Rev. 3.  The notification shall  should  be made when a draft with the 
complete text of the proposed regulation is available;  such notification shall  should  take place at an 
early stage, and when amendments can still be  introduced and comments taken into account.2  The 
notifying Member should provide in Box 3 of the notification format a clear description of the products covered, including tariff item numbers where possible.  The notifying Member should also complete Box 4, identifying the geographical regions or countries likely to be affected by the notified 
regulation to the extent relevant or practicable.  The notifying Member should include in Box 10 the 
proposed date of publication of the notified regulati on, and identify in Box 11 the proposed date of its 
entry into force.  The notifying Member is encouraged  to submit an electronic version of the text of 
the notified draft regulation together with the notif ication format, or to include a hyperlink to the 
electronic address of the notified draft regulation.  Furthermore, developed country Members shall 
provide, upon request, a translation of the notif ied draft document, or in case of voluminous 
documents, a translation of a summary of the doc ument, in a WTO working language.  Any Member 
possessing an unofficial translation of a document relating to a notification should submit to the 
Secretariat a supplement to the original notification indicating the address where the unofficial 
                                                      
2 Although Members are not obliged to notify measures  which are substantially the same as the content 
of an international standard, guideline or recommendation, the Committee encourages Members to notify all 
these measures, as foreseen in  G/SPS/7/Rev.3, paragraph 8.  G/SPS/W/224/Rev.3 
Page 4  
 
  translation can be found.
3  Except in urgent circumstances, the notifying Member shall allow a 
reasonable interval, which shall mean  normally a period of not less than six months,  between the 
publication of a sanitary or phytosanitary regulation a nd its entry into force in order to allow time for 
producers in exporting Members, and particularly in developing country Members, to adapt their 
products and methods of production to th e requirements of the importing Member.4  The notifying 
Member should identify in Box 12 the final date  for receiving comments and the agency responsible 
for handling comments.  The Member shall normally allow a period of at least 60 days for comment, except for proposed measures which facilitate trade and those which are substantially the same as an 
international standard, guideline, or recommendation.  Any Member which is able to provide a time-
limit beyond 60 days is encouraged to do so. 
 Step 2
.  The Secretariat will circulate the notification with the minimal delay 
possible.5  The Secretariat will provide paper copies of the notification to the permanent missions of 
all WTO Members, and mail paper copies to one ot her designated address if so requested by a 
Member.  The notification will be posted on both th e "Members' Only" and the public web sites of the 
WTO, including through the SPS Information Manage ment System (http://spsims.wto.org) and will 
be electronically sent within one week of circ ulation to all addresses on the SPS self-subscribing 
electronic mailing list (in the language received by th e Secretariat).  The notification will be included 
in the monthly summary of SPS notifications circulated by the Secretariat.  If a developing country Member has difficulties in receiving and distributi ng notifications after receipt, the Member should 
inform the Secretariat thereof and propose how the national enquiry point could be improved.
6 
 Step 3 .  If a Member with an interest in exporting the products affected by the 
notification identifies a concern with the content of the notification, the exporting Member should 
contact the notifying Member, within the comment pe riod, to seek additional information with respect 
to the notified measure and to identify their concer ns.  If the exporting Member requests an extension 
of the comment period, the notifying Member should grant requests for extension of the comment period wherever practicable, in particular with regard  to notifications relating to products of particular 
interest to developing country Members, where there have been delays in receiving and translating the 
relevant documents or where there is a need for further clarification of the measure notified.  A 
30-day extension should normally be provided and notified to the WTO.
7 
 Step 4 .  The notifying Member should acknowl edge receipt of the request for an 
extension of the comment period, or for additional in formation, and explain within a reasonable period 
of time, and at the earliest possible date  before the adoption of the measure,  to any Member from which 
it has received comments, how it will take these co mments into account and, where appropriate, provide 
additional relevant information on the proposed sanitary or phytosanitary regulation, such as 
                                                      
3 See G/SPS/7/Rev.3, paragraph 28.  
4 The Ministerial Decision (WT/MIN(01)/17), paragraph 3.2, states: 
"Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the 
Application of Sanitary and Phytosanitary Measur es, the phrase "reasonable interval" shall be 
understood to mean normally a period of not less than 6 months. It is understood that timeframes for specific measures have to be considered in the context of the particular 
circumstances of the measure and actions necessa ry to implement it. The entry into force of 
measures which contribute to the liberalization of trade should not be unnecessarily delayed." 
5 Circulation normally occurs with in three to five days of receipt  of the notifica tion by the WTO 
Central Registry of Notifications (CRN).  
6 The "mentoring" procedure for assisting Member s in the implementation of the transparency 
provisions of the SPS Agreement may be useful in this regard, as foreseen in  G/SPS/W/217.  
7 See G/SPS/7/Rev.3, paragraph 33.   G/SPS/W/224/Rev.3 
 Page 5 
 
 
  information related to testing and inspection of the product(s) in question.  Documents requested 
should normally be provided within five working days.8 
 Step 5 .  If an exporting Member identifies significant difficulties with the proposed 
measure, that Member  may in its comments request, in writing, an opportunity to discuss and resolve 
the potential difficulty with the notifying Member .  Where the appropriate level of sanitary and 
phytosanitary protection allows scope for the phased  introduction of the new or modified measure, 
longer time-frame for compliance should be accorded to developing country Members, which shall 
mean normally a period of not less than six mont hs. Where the appropriate level of sanitary and 
phytosanitary protection does not allow scope fo r the phased introduction of a new measure, but 
specific problems have been identified by an expo rting Member, the Member applying the measure 
shall upon request enter into consultations with the exporting Member with a view to finding a 
mutually satisfactory solution to the problem.9   to attempt to resolve the issue of concern .  In the case 
of such a request from an exporting developing country Member,  the notifying Member will in any 
discussions examine whether and how the identified problem could best be addressed  to take into 
account the special needs of the interested exporting developing country Member.   Resolution  of the 
concern identified could include one of the following, or a combination thereof:  (1) a change in the 
measure to be applied on a MFN basis;  (2) th e provision of technical assistance to the exporting 
Member;  or (3) the provision of special and differential treatment.  [ Should special and differential 
treatment be provided, it would apply equa lly to all developing country Members.]   
  Step 6
.   If, following the entry into force of a new or modified regulation (including 
an emergency measure), an exporting Member identif ies significant difficulties which its exports face 
in complying with the new or modified  regulation, it may request an opportunity to discuss its 
difficulties with the importing Member to attempt to resolve the issue of concern, especially where no 
time, or an insufficient period of time, has been provided for comments.  Where the appropriate level 
of sanitary and phytosanitary protection allows scope for the phased introduction of the new or 
modified measure, longer time-frame for complian ce should be accorded to developing country 
Members, which shall mean normally a period of not less than six months.  Where the appropriate 
level of sanitary and phytosanitary protection does not allow scope for the phased introduction of a 
new measure, but specific problems have been id entified by an exporting Member, the Member 
applying the measure shall upon request enter into c onsultations with the exporting Member with a 
view to finding a mutually satisfactory solution to the problem.10  In the case of such a request from 
an exporting developing country Member,  the importing Member would11, in any discussions,  
examine whether and how the identif ied problem could best be addressed  to take into account the 
special needs of the interested exporting developing country Member,  so as to enable it to satisfy the 
requirements of the measure.   Resolution of the concern identified could include one of the following, 
or a combination thereof:  (1) a change in the measure to be applied on a MFN basis;  (2) the 
provision of technical assistance to the exporting Member; or (3) the provision of special and 
differential treatment.  [Should special and differen tial treatment be provided,  it would apply equally 
to all developing country Members.]   Step 7
.  When a Member decides on whether and how special and differential 
treatment may be provided for a final or proposed  measure in response to specific requests, the 
notifying Member should promptly submit to the WTO Secretariat an Addendum to its original 
notification.  The Addendum shall indicate:  (1) th e name(s) of Member(s) that requested special and 
differential treatment;  (2) if special and differe ntial treatment was provided, the form of such 
treatment;  and (3) if not provided, the Addendum sh all indicate why special and differential treatment 
                                                      
8 See G/SPS/7/Rev.3, paragraph 19.  
9 See WT/MIN(01)/17, paragraph 3.1, and Art. 10.2 of the SPS Agreement.  
10 See WT/MIN(01)/17, paragraph 3.1.  
11 Proposed revision to reflect the original language in G/SPS/33.  G/SPS/W/224/Rev.3 
Page 6  
 
  was not provided and whether technical assistance  or any other solution was found to address the 
identified concern.  A format for the Addendum is contained in the Annex.
  
  Step 8.
  Any Member receiving special and differential treatment or technical 
assistance should inform the notifying Member a nd the SPS Committee whether the treatment they 
have received has resolved the problems they have  identified.  This may be done in writing and/or 
under the agenda item on Special and Differential Treatment at any meeting of the SPS Committee. 
  Step 9
.  The Addendum to the notification shall be circulated by the WTO Secretariat 
in the same manner as the notification 
  G/SPS/W/224/Rev.3 
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  ANNEX 
  
 
WORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
 
 
NOTIFICATION  
 
Addendum  
 
  The following communication, received on DD/MM/YY, is being circulated at the request of the Delegation of [Member].  
_______________  
 
 Title outlining the SPS measure at issue
 
  [Text describing any modification to the notified measure.]   Special and Differential Treatment  
 
 (1) Name(s) of Member(s) that request ed special and differential treatment 
 
 (2) Special and differential treatment provided [   ] Yes  [   ] No 
  Describe how such treatment was provided, including what form it took. 
  (3) If special and differential treatment was not provided, indicate why it was not 
provided and whether technical assistance or  any other solution was found to address 
the identified concern. 
 
 Text available from:  [  ] National Notification Authority, [  ] National Enquiry Point, or 
address, fax number and E-mail addr ess (if available) of other body
: 
 
__________