WORLD TRADE  
ORGANIZATION  G/SPS/GEN/887 
3 November 2008 
 (08-5355) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
REVIEW OF THE OPERATION AND IMPLEMENTATION 
OF THE SPS AGREEMENT 
 
BACKGROUND DOCUMENT 
 
Note by the Secretariat
1 
  
I. INTRODUCTION 
1. Article 12.7 of the Agreement on the Applica tion of Sanitary and Phytosanitary Measures 
("the Agreement") provides that "the Committee shal l review the operation and implementation of this 
Agreement three years after the date of entry into  force of the WTO Agreement, and thereafter as the 
need arises".  A First Review of the Agreement was completed in March 1999.
2 
2. At the Fourth Session of the Ministerial Conf erence, Ministers instructed the Committee to 
review the operation and implementation of the Ag reement at least once every four years.  The 
Second Review of the Agreement was completed in July 2005.3  At its October 2008 meeting, the 
Committee adopted a procedure and timetable to undertake the Third Review of the Agreement.4 
3. In both the First and Second Reviews, the Committee discussions focused on implementation 
and operation issues related to: 
 Consistency (Article 5.5); 
 Equivalence (Article 4); 
 Transparency (Article 7 and Annex B); 
 Monitoring the use of international standards (Article 3.5 and 12.4); 
 Technical assistance and training activities (Article 9); 
 Special and differential treatment (Article 10); 
 Regionalization (Article 6); 
 Monitoring Implementation of the Agreement (Articles 12.1 and 12.2) – Specific 
trade concerns; 
 Co-operation with Codex Alimentarius, World Organization for Animal Health 
(OIE), and the International Plant Protec tion Convention (IPPC) (Article 12.3);  and 
 Dispute settlement activities (Article 11). 
                                                      
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. 
2 G/SPS/12. 
3 G/SPS/36. 
4 G/SPS/W/228. G/SPS/GEN/887 
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  4. Appendix A of this document provides a summary  of Committee activities since the Second 
Review in 2005.  Appendix B provides informati on about SPS-related dispute settlement activities. 
Appendix C provides a list of documents submitted by Members since the Second Review of the 
Agreement relevant to the various issu es raised in this Background Paper. 
II. CONSISTENCY (ARTICLE 5.5) 
5. Efforts and deliberations by the Committee to develop guidelines for consistency began 
during the Committee's first meeting in March 199 5 and progressed through informal and formal 
meetings.  During these discussions, Members raised conceptual issues related to the links between 
appropriate level of protection, measures and risk assessment. 
6. In the Second Review of the Agreement in  2005 ("the 2005 Review"), the Committee noted 
that it should undertake another review of the ope ration of the guidelines to further the practical 
implementation of Article 5.5 whenever Members id entified the need, and in any case not later than 
December 2008.  Members were encouraged to provi de information regarding their experiences in the 
implementation of Article 5.5 and in the use of the guidelines (G/SPS/15). 
7. To date no Member has suggested a need to  modify these guidelines.  Although there is no 
standing agenda item regarding Article 5.5, there is opportunity for Members to provide information 
regarding their experiences in this regard under the Agenda Item "Activities of Members".  No 
Member has provided any such information since June 2005. 
8. Some Members have suggested, however, that the Committee should solicit information from 
Members in order to determine the extent to whic h these guidelines, as well as others adopted by the 
Committee, are actually being implemented by Members. 
III. EQUIVALENCE (ARTICLE 4) 
9. In the 2005 Review, the Committee encouraged Members to provide information regarding 
their experiences in the implementation of Article 4 and in the use of the guidance developed by the 
Committee (G/SPS/19/Rev.2).  In particular, Member s were encouraged to notify any agreements 
reached on the recognition of equivalence.  Finally,  the relevant international organizations were 
invited to keep the Committee info rmed of any work they undertook with regard to the recognition of 
equivalence. 
10. Equivalence is a standing agenda item for regul ar meetings of the Committee.  At each 
meeting, Members are invited to report on their ex periences regarding equivalence, and the relevant 
international organizations are invited to provide information.  The following Members provided 
information under this agenda item:  Brazil a nd Chile (June 2005), Egypt (March 2006) and the 
United States (June 2007).  On 9 August 2007, Panama submitte d the first notification on a 
recognition of equivalence (G/SPS/N/EQV/PAN/1).  A second notification of  the recognition of equivalence of SPS measures was submitted to th e Committee in 2008 by the Dominican Republic 
(G/SPS/N/EQV/DOM/1). 
11. The Secretariat noted that Members' officials often made reference informally to various 
equivalence agreements with trading partners, but  these had not been notified to the SPS Committee.  
Some Members agreed that equivalence agreements did exist, and that the guidance developed by the 
Committee was being used.  They suggested that one reason Members did not notify these agreements 
was to avoid other exporters benefiting from the arrangements.  Furthermore, in many cases the 
notion of equivalence was applied withou t any formal recognition of equivalence 
per se , or without 
calling the bilateral arrangements "equivalence".  They  agreed, however, that it would be useful for 
Members to provide information regard ing their experiences in this area.  G/SPS/GEN/887 
 Page 3 
 
 
  12. The international standard-setting organizations have developed guidance in this area, and the 
Codex, IPPC and/or OIE have provided informa tion on equivalence issues at each meeting of the 
Committee since June 2005.  The Codex Alimentari us Commission has adopted Principles for the 
development of equivalence agreem ents regarding food import and export inspection and certification 
systems, and Guidelines on the judgement  of equivalence of such systems.5  The OIE has developed 
guidelines for reaching a judgement of the equivalence of sanitary measures.6  The IPPC adopted in 
2005 a standard with guidelines for determination a nd recognition of equivalence of phytosanitary 
measures (ISPM 24). In addition, ISPM 1, which al so includes principles on equivalence, was revised 
in 2006.7 
IV. TRANSPARENCY (ARTICLE 7 AND ANNEX B) 
13. In the 2005 Review, the Committee:  (i) encourag ed Members to ensure full implementation 
of the transparency provisions of the SPS Agreemen t;  (ii) asked that developing country Members 
clearly identify specific problems faced in im plementing the transparency provisions of the 
Agreement;  and (iii) asked that assistance be pr ovided to least-developed and developing country 
Members in order to enable them to fully implemen t the transparency provisions and to make use of 
the benefits associated with transparency.  R ecognizing that the recommended procedures established 
by the Committee (G/SPS/7/Rev.2), while not crea ting legal obligations, co uld facilitate Members' 
implementation of the provisions of the SPS Agreem ent, the Committee agreed to consider whether 
further recommendations could be beneficial. 
14. The Secretariat organized a Workshop on Transp arency in October 2007.  This was the third 
SPS workshop on transparency organized by the WTO Secretariat, the first two having been held in 
1999 and 2003.  Various funding arrangements made  it possible for a large number of developing 
country and LDC participants to attend.  The objectives of the workshop were to enhance the 
implementation of transparency obligations and to identify best practices for drawing benefits from a 
transparent system. 
15. The main recommendations from the Workshop involved the following six issues:  revision of 
the Recommended Transparency Procedures containe d in G/SPS/7/Rev.2;  training and dissemination 
on the SPS Information Management System ( SPS IMS) as well as other sources of SPS-related 
information;  regular updates on the level of implem entation of transparency provisions;  explanatory 
documents on timeframes related to transparency obligations and on benefits  of the SPS Agreement;  
establishment of a mentoring mechanism betwee n officials responsible for implementing the 
transparency provisions in different Members;  a nd development of a practical procedural manual.  
Significant progress has been made with respect to all six recommendations.  
16. On 30 May 2008, the Committee adopted revised  recommended procedures for transparency 
(G/SPS/7/Rev.3).  The new procedures, inter alia , clarify the definition of the comment period, 
encourage the notification of measures conforming to  international standards, and provide links for 
access to full texts of regulations and their transla tions.  The new transparency procedures, including 
the use of the new notification formats, will take  effect as of 1 December 2008.  To facilitate 
Members' management of the large volume of SPS -related information, the Secretariat regularly 
produces summary documents containing relevant  SPS-related information, including monthly 
                                                      
5 http://www.Codexalimentarius.net/download/standards/10047/CXG_053e.pdf  
6 http://www.oie.int/eng/normes/en_mcode-2004.htm  
7https://www.ippc.int/servlet/Bin aryDownloaderServlet/124047_200 7_ISPMs_book_Engl.doc?filenam
e=1187683730555_ISPMs_1to29_2007_En_with_convention.doc&refID=124047  G/SPS/GEN/887 
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  summaries of notifications
8 received by the Secretariat and an annual listing of all SPS documents.9  
Links to these documents can be found on the SPS web page. 
17. The Secretariat has also installed the new SPS Information Management System (SPS-IMS), 
the public version of which was launched and pr esented on 15 October 2007 during the Transparency 
Workshop.10  The system includes the most recent information on SPS notifications as well as 
Committee documents, specific tr ade concerns and Members' National Enquiry Points and 
Notifications Authorities.  It facilitates the condu ct of searches accordi ng to specific needs and 
interests (product codes, geographic groups, etc) an d also the preparation of reports and summaries 
which can be shared with interested stakeholders.  The web site of the SPS-IMS is constantly updated 
with the latest contact details on Members' Enqui ry Points and National Notification Authorities. 
18. The WTO Secretariat has provided demonstration sessions on the SPS IMS during the SPS 
Committee meetings and during its technical assistan ce programmes.  It has also responded to ad hoc 
requests from Members and other interested parties for assistance. 
19. With respect to the third recommendation on re gular updates on the level of implementation 
of transparency provisions, the Secretariat has begun to provide annual updates.  In October 2007, the 
Secretariat circulated a first background note (G /SPS/GEN/804) providing an overview regarding the 
level of implementation of the transparency provis ions of the SPS Agreement.  An updated version of 
this note has been circulated as G/SPS/GEN/804/ Rev.1.  The development of the SPS-IMS will 
facilitate the compilation and analysis of data re lated to the implementation of the transparency 
provisions.  Furthermore, Members' implementa tion of the new recommendations on transparency 
should result in substantially enhanced information. 
20. Managing information on transparency remain s, however, challenging for many developing 
country Members who struggle with implementing basi c obligations with respect to the transparency 
provisions of the SPS Agreement.  Many developing  country Members have flagged their need for 
assistance and support to resolve their individual tr ansparency difficulties, for example with the 
process of sending notifications to the WTO.  Othe r difficulties faced by developing country Members 
relate to the operation of their SPS National Notifi cation Authority and their National Enquiry Point. 
21. The Secretariat developed a mechanism for "men toring" to assist officials responsible for 
transparency in developing country Members, and a number of Members have already been 
"matched" to provide guidance when requested.11 
22. In addition, Australia and New Zealand have worked with the Secretariat to develop a 
procedural manual for the operation of Enquiry Poin ts and National Notification Authorities.  This 
Transparency Manual reflects the new transpar ency procedures and will replace the 2002 handbook 
on "How to Apply the Transparency Provisions of the SPS Agreement".12 
23. As of 31 August 2008, Members have submitt ed 6,416 regular notifications and 1,042 
emergency notifications (plus re lated addenda and corrigenda).  The Committee has also adopted a 
special format and recommended procedures for the no tification of determination of the recognition of 
equivalence of sanitary or phytosanitary measures, now included in the new transparency procedures.  
Furthermore, the Secretariat has established a mech anism for Members to inform each other of the 
                                                      
8 For example, see documents G/SPS/GEN/820, 827, 84 0, 842, 850, 867, 869, 873, and 886 for 2008 
notification summaries. 
9 G/SPS/GEN/817 for 2007. 
10 http://spsims.wto.org/  
11 G/SPS/W/217. 
12 The Manual will be made available to Members in early 2009.  G/SPS/GEN/887 
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  availability of translations of notified measures into  one of the official languages of the WTO.  These 
are submitted in the form of supplements.  As of 31 August 2008, 2 equivalence and 12 supplement 
notifications have been circulated. 
24. Out of the 153 WTO Members, 98 (64%) have to  date submitted at least one notification to 
the WTO.  Excluding EC member States, 46 develo ping countries of which 23 are Least Developed 
countries ("LDCs"), have not ye t submitted any notification. 
25. As can be seen in Figure 1, the share of notifications submitted by developed country 
Members reaches 55% while the share of those s ubmitted by developing country Members is 43%.13  
A very small share comes from LDCs.  Still, there has been a steady increase  in notifications from 
developing country Members over the years. 
 
Figure 1 
Development Status of Notifying Members 
as of 31 August 2008
55.76%43.87%0.37%
Developed Developing Least Developed
 
 
26. Looking at the geographic regions from which the notifications originate, Figure 2 shows that 
the majority of notifications come from North Amer ica, followed by Asia, and then South and Central 
America and the Caribbean.14 
                                                      
13 The categories of level of development rely on WTO working definitions as identified in the 
Integrated Database (IDB ) for analytical purposes. 
14 The geographical groupings used rely on WTO working definitions as identified in the Integrated 
Database (IDB) for analytical purposes.  The same groupings are used in the WTO's Annual Reports. G/SPS/GEN/887 
Page 6  
 
  Figure 2 
Notifications by Geographical Region
NA
SA, CA and 
the Caribbean
CISMiddle East
AfricaAsia
Europe
05001000150020002500300035004000
 
 
27. Under the SPS Agreement, Members are required to  notify both an Enquiry Point to provide 
answers to all reasonable questions from interested  Members and a National Notification Authority to 
implement the notification procedures detailed in  the Agreement.  Among the 153 WTO Members, 
133 Members have, as of October 2008, designated a "N otification Authority".  Those which have not 
yet done so include 13 LDCs and 7 developing count ry Members.  As of October 2008, of the 153 
WTO Members, 142 have provided the WTO with the contact information of their Enquiry Point.  
Those which have not yet done so incl ude 10 LDCs and 1 developing country.15 
28. The Secretariat regularly updates documents c ontaining the contact information of National 
Enquiry Points and of National Notification Author ities.  In addition, regularly updated lists are 
available from the SPS-IMS and from the SPS website on the WTO web page. 
29. In 2005, the Committee agreed to extend the Pr ocedure to Enhance the Transparency of 
Special and Differential Treatment adopted in October 200416, and Members were invited to share 
with the Committee their experiences under this pr ocedure.  See Section VII for more details. 
V. MONITORING THE USE OF INTERNATIONAL STANDARDS (ARTICLES 3.5 
AND 12.4) 
30. In the 2005 Review, the Committee noted that it should continue to monitor the use of 
international standards at each of its regular meetings. 
31. The monitoring of the use of international st andards is a standing item on the agenda of 
regular Committee meetings, and in accordance with  the agreed procedure (G/SPS/11/Rev.1), the 
Committee has produced annual reports relating to  the process of monitoring international 
harmonization.17 
                                                      
15 The most recent Enquiry Point contact information is contained in G/SPS/ENQ/24 , and the most 
recent National Notification Authority co ntact information is contained in G/SPS/NNA/14 . 
16 G/SPS/33 and G/SPS/33/Add.1. 
17 G/SPS/37, G/SPS/42 & Corr./1, G/SPS/45 , G/SPS/49 for the period 2005-2008.  G/SPS/GEN/887 
 Page 7 
 
 
  32. In 2006, the Committee reviewed the operati on of the provisional procedure based on a 
document prepared by the Secretariat (G/SPS/ W/200).  The Committee decided to extend the 
provisional procedure indefinitely.  The Committee al so decided that it will review the operation of 
the provisional procedure as an integral part of its periodic Review of the Operation and Implementation of the Agreement under Article 12.7, with a view to deciding whether to continue 
with the same procedure, amend it or develop a nother one.  The Committee furthermore encouraged 
Members to make use of this procedure to address  their concerns regarding specific international 
standards or the need for such st andards.  The decision of the Committee was subsequently circulated 
as G/SPS/40. 
33. This Review thus provides the opportunity fo r the Committee to examine the monitoring 
procedure.  In 2008, the Committee agreed to cons ider the monitoring procedure in light of the 
information gained from notifications under the new notification procedure and the implementation of 
the IPPC mechanism.  Members were also encour aged to provide inform ation on obstacles they 
encountered when exporting, not just on national measures applied to imports. 
34. The standard-setting bodies have promptly addressed the concerns raised by Members 
through this procedure in their respective compet ent bodies and regularly reported on their actions to 
the SPS Committee.  The procedure has not been u sed extensively by Members.  To enhance the 
participation of developing country Members in standard-setting meetings and activities, training 
programmes and regional technical c onsultations on standards and th eir implementation, the Codex, 
IPPC and OIE have established trust funds.  The OI E also continues to provide financial support for 
the participation of Chief Veterinary Officers of its member countries in OIE standard-setting 
activities. 
35. Chile has noted that if Members follow the new Transparency Recommendations and notify 
also when they impose measures based  on the international standards, this could provide useful data 
to more effectively monitor the use of internationa l standards.  The Committee may wish to revise the 
monitoring procedure in light of this development. 
VI. TECHNICAL ASSISTANCE (ARTICLE 9) 
36. In the 2005 Review, the Committee encouraged  Members requiring technical assistance to 
identify their specific need s in a clear and detailed manner to permit those needs to be effectively 
addressed.  The Committee also encouraged Memb ers providing technical assistance to keep it 
informed of specific programmes of assistance.  Members were encouraged to report on the 
effectiveness of the technical assistance received,  and, on the basis of that information, and 
information on the experiences of Members in the provision of technical assistance, the Committee 
would consider identifying best practices in the area of SPS-related technical assistance.  The 
Committee invited Members to share information on their experiences regarding the use of the tools 
developed by the Secretariat to assist Members w ith the understanding and implementation of the SPS 
Agreement.  Finally, the Committee requested the S ecretariat to keep it informed of its relevant 
technical assistance activities and of the activities of the Standards and Trade Development Facility 
(STDF), and invited observer organi zations to report on their capacity building activities relevant to 
the SPS Agreement. 
37. Technical assistance is a standing agenda item.  At each regular meeting, Members and 
Observers are invited to identify any specific techni cal assistance needs which they may have, and/or 
to report on any SPS-related capacity building activities in which they are involved.  The WTO 
Secretariat, as well as observer organizations, report on their assistance activities. 
38. WTO's technical assistance activities in the SPS ar ea contribute towards the strengthening of 
the capacities of developing country Members in meeting standards for market access of food and G/SPS/GEN/887 
Page 8  
 
  other agricultural commodities.  The activities increase participants' awareness about rights and 
obligations under the SPS Agreement and its implications at the national level.  In the organization of 
SPS technical assistance activities, the levels of fa miliarity with the Agreement and advancement in 
its implementation are taken into consideration to meet and res pond to individual country/regional 
needs.  The programmes of national/regional ac tivities include presentations on the transparency 
obligations, dispute settlement, implementati on problems, specific trade concerns and 
technical/scientific issues such as risk analysis and equivalence, as well as the work undertaken by the 
three standard-setting organizations referenced  in the SPS Agreement (Codex, OIE and IPPC).  
39. The Secretariat has developed a number of tools to assist Members with the understanding 
and implementation of the Agreement.  In pa rticular, a booklet discussing the text of the SPS 
Agreement was published under the WTO Agreements Series (Volume No. 4).  The Secretariat has 
also issued a handbook on the application of the transp arency provisions of the Agreement, which will 
soon be replaced by a Procedural Manual reflecti ng recent changes in the recommended procedures.  
A CD-ROM explaining and discussing in detail the provisions of the Agreement, and dealing in 
particular with implementation, transparency, speci al and differential treatment and dispute settlement 
issues, has been produced by the Secretariat.  Th e CD-ROM includes text, video and audio material 
and is complemented by multiple-choice tests to enab le users to monitor their individual progress.  In 
order to meet Members requests for a more advanced  training activity on the implementation of the 
SPS Agreement, a three-week Specialized Course on SPS has been developed.  The Secretariat also 
offers a distance-learning course on the SPS Agreement.  
40. In the context of the discussions on special and differential treatment a nd actions to address 
the underlying concerns of developing country Memb ers, in October 2006 the Secretariat prepared a 
preliminary analysis of SPS-related technical assistance (G/SPS/GEN/726), with a view to addressing issues regarding the effectiveness of assistance pr ovided.  The Committee agreed to continue to 
consider the issue, and to explore the possibility of identifying best practic es in the area of SPS-
related technical assistance. 
41. The Secretariat has compiled document G/SPS/GE N/521/Rev.3, which contains an updated 
overview of all SPS technical assistance activities provided by the WTO Secretariat from September 1994 through December 2007.  From 1994 to 2008, the WTO Secretariat has undertaken a 
total of 173 technical assistance activities on the SPS Agreement, including 66 regional (or sub-
regional) and 72 national workshops.  Table 1 provides information about the number of (sub)regional 
and national activities per year since the last revi ew of the operation and implementation of the SPS 
Agreement in 2005.  Table 2 shows the over all number of activities per region since 1994. 
Table 1:  Number of SPS Technical Assistance Activities 
 Type of Activity  
Year National 
Seminar (Sub)Regional 
Workshop Other Total 
2005 4 7 2 13 
2006 9 3 3 15 
2007 7 4 2 13 
2008 12 3 3 18 
Total 32 17 10 59 
 
 
  G/SPS/GEN/887 
 Page 9 
 
 
  Table 2:  SPS Technical Assistance Activities per Region (1994-2008) 
 
 Type of activity  
Region National 
Seminar (Sub)Regional 
Workshop Other Total 
Africa 20 22 7 49 
Arab and Middle East Countries 12 6 2 20 
Asia and the Pacific 16 11 14 41 
Central and Eastern Europe and Central Asia 6 5 - 11 
Europe 1 3 6 10 
Latin America and the Caribbean 17 19 5 41 
North America -  1 1 
Total 72 66 35 173 
 
42. The STDF was established in September 2002 fo llowing the commitment made by the Heads 
of the WHO, the FAO, the WTO, the OIE and the World Bank at the Doha Ministerial Conference to 
explore new technical and financial mechanisms to promote the efficient use of resources in SPS-
related activities.  The STDF has two main aims: 
• to assist developing countries enhance their expertise and capacity to analyze and to 
implement international sanitary and phytosanita ry (SPS) standards, improve their human, 
animal and plant health situati on, and thus their ability to ga in and maintain market access;  
and 
• to act as a vehicle for coordination among tec hnical assistance providers relating to the 
mobilization of funds, the exchange of experi ence and the dissemination of good practice in 
relation to the provision and receipt of SPS -related technical assistance.  Secretariat 
documents give regular overviews and updates of STDF activities, including funding offered 
for projects and project preparation grants in developing countries.18 
43. As part of its co-ordination function, the STDF has organised a number of events that provide 
information and assistance to all Members.  Hence the STDF organized, jointly with the World Bank 
and UNIDO, a session on laboratory projects in Nove mber 2007.  In March 2008, the STDF held a 
Workshop on Capacity Evaluation Tools used in the SPS area.19 
44. Likewise, the STDF organized an information session on private standards in June 2008.  The 
information session focussed on developments in th e area of private standards since the June 2007 
information session, and drew conclusions w ith regard to SPS-related technical assistance.20  Finally, 
the STDF organized a Special Workshop on Good Pr actice in SPS-related technical cooperation in 
October 2008, in collaboration with the OECD.  More than 200 delegates participated in the 
workshop, some with assistance from the WTO Global Trust Fund or the STDF.  The workshop 
presented the results of research on good practice in  SPS-related projects identified by Members as 
having been successful, and considered how to apply the Paris Principles on Aid Effectiveness in this 
area.21 
                                                      
18 G/SPS/GEN/595, 648, 718, 748, 774, 847, 865 and 877. 
19 G/SPS/GEN/826. 
20 G/SPS/R/50. 
21 G/SPS/GEN/875. G/SPS/GEN/887 
Page 10  
 
  45. In the margins of the second meeting of the SPS Committee in 2009, the STDF will organize 
a workshop to consider cost-benefit analysis relate d to SPS technical assistance.  Work undertaken by 
the OIE regarding costs of prevention versus er adication, as well as work by the World Bank and 
others looking at the economic costs and be nefits of SPS measures, will be presented. 
46. Since the 2005 Review, the international sta ndards setting bodies have consistently provided 
updates about their technical assistance activities.  All three organizations have developed training 
programmes, including conferences, seminars a nd workshops, to enhance national capacities on WTO 
matters.  The OIE reported in 2008 that the Perform ance, Vision and Strategy (PVS) tool related to 
animal health had been conducted in many countries to  identify their needs and priorities, in order to 
solve existing problems.  In addition, the OIE s upported the participation of developing country 
Members in the elaboration of standards by ensuri ng that experts from every region participated in 
developing the draft text of a scientific standard.  The Codex and the IPPC have trust funds which 
sponsor the participation of officials from developi ng country Members and economies in transition to 
participate in their meetings.  The programme is  aimed at enhancing tho se officials' level of 
participation in the elaboration of Codex standards.   In addition to information from the OIE, IPPC 
and the Codex, other observers organizations, including FAO, the World Bank, OIRSA, IICA, 
UNIDO and UNCTAD, provide regular updates concerning their provision of technical assistance. 
VII. SPECIAL AND DIFFERENTIAL TREATMENT (ARTICLE 10) 
47. In the 2005 Review, the Committee agreed to cont inue to consider specific, concrete actions 
to address the problems faced by least-devel oped and developing country Members in the 
implementation of the SPS Agreement and in making u se of the benefits of the Agreement.  Members 
were encouraged to provide information regarding the special and differential treatment or technical 
assistance they have provided in response to specifi c needs identified by Members in accordance with 
the procedure adopted by the Committee (G/SPS/33). 
48. Special and differential treatment is a standing agenda item.  In 2005, Members were invited 
to share with the Committee their experience under th e new procedure to enhance the transparency of 
special and differential treatment adopted in October 2004.
22  With respect to the proposals referred to 
the SPS Committee by the General Council, the Co mmittee adopted, in June 2005, a report to the 
General Council on these proposals.23  The report expresses the Committee's commitment to continue 
to examine the proposals before it, and any revisi on of these proposals, with the aim of developing 
specific recommendations for a decision.  The report also identifies elements for discussion on further 
work to assist the Committee to address the concerns underlying the proposals as identified by 
Members, with a view to fulfilling the Doha De velopment Mandate.  Discussion of these elements 
commenced at the Committee meeting of October 2005. 
49. In March 2006, a Special Workshop was held to  further identify ways to address the problems 
faced by developing country Members in implemen ting the SPS Agreement.  Discussions at this 
Workshop focussed on the effectiveness of technical  assistance and suggested the need for further 
work to improve the implementation of the transp arency provisions (G/SPS/R/41).  Both of these 
issues have been further addressed by the Committee as noted in Sections  IV and VI, above.  In 2007, 
Egypt proposed some amendments to the proce dures for S&D transparency, some of which were 
adopted by the Committee as revisions to the gene ral recommended procedures for transparency.  
Egypt's proposals are contained in JOB(07)/104 and the revised Transparency Recommendations are 
in G/SPS/7/Rev.3. 
                                                      
22 G/SPS/33. 
23 G/SPS/35.  G/SPS/GEN/887 
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  50. In February 2006, the Committee agreed to furt her extend the procedure for transparency of 
special and differential treatment or technical assi stance provided in response to specific needs of 
developing country Members (G/SPS/33/Add.1), but to date there has been no indication that 
Members are using this procedure.  In its 2008 me etings, the Committee has considered proposals for 
the revision of the procedure to enhance the transp arency of special and differential treatment based 
on a document prepared by the Secretariat, and subsequently circulated as G/SPS/W/224/Rev.1.24  
However, to date, the Committee has not reached a decision in this regard and, in the meantime, 
G/SPS/33 remains valid. 
51. During 2006, the Committee also continued its ex amination of the implementation of the SPS 
Agreement and the concerns of developing country Members.  The proposals referred to the SPS 
Committee by the General Council were on the agenda  of each meeting of the Committee.  Although 
there were substantive discussions of some revisions informally suggested by the African Group at the 
February, March and October meetings, the Committee was not able to reach a decision on any of the specific proposals as presented.
25 
52. However, with a view to fulfilling the D oha Development Mandate, several Members 
suggested approaches to advance the work of th e Committee to address the proposals as identified by 
Members including seeking clarification of the concer ns underlying the proposals.  In June 2006, the 
United States introduced a paper containing a comp ilation of ideas related to technical assistance and 
special and differential treatment26, taking into account information provided by developing country 
Members at the Workshop on the Implementation of the Agreement, held in March 2006.27 
53. At an informal meeting on Special and Di fferential Treatment held in February and 
March 2007, the Committee discussed the five proposal s on special and differential treatment referred 
to it in August 2004.  In particular:  (i) the G/SPS/ 33 procedure and its extens ion until 2008;  (ii) the 
G/SPS/35 report;  (iii) the Committee's discussion of the Africa Group's revisions to its proposal on Article 9.2;  (iv) the adoption by the General Council of the proposal from a number of small and 
vulnerable economies;  and (v) Members' submission s on technical assistance and the paper from the 
United States on Special and Differential Treatment  (G/SPS/W/198).  A revised proposal regarding 
Article 10.1 was presented to the Committee in June 2007 and discussed at its October meeting.
28 
54. The Decision on Implementation taken at the D oha Ministerial Conference in 2001 included 
inter alia  a clarification on Article 10.2.29  It specifies that where the appropriate level of protection 
allows scope for the phased introduction of SPS measures, the "longer time-frame for compliance" 
referred to in Article 10.2 shall normally mean at least 6 months.  Where the phased introduction of a 
new measure is not possible, but a Member iden tifies specific problems, the Member applying the 
new measure shall enter into consultations, upon request, to try to find a mutually satisfactory 
solution.  The Decision also indicates that in th e context of paragraph 2 of Annex B of the SPS 
Agreement, a period of 6 months shall normally be provided between the publication of a measure 
and its entry into force. 
55. The Committee on Trade and Development Speci al Session (CTD-SS) has before it two 
proposals under consideration whic h are related to the SPS Agreem ent:  one proposal relating to 
Article 10.2 tabled by India and another proposal re lating to Article 10.3 tabled by the African Group 
                                                      
24 The procedure is contained in  G/SPS/33, and the proposed revi sions in JOB(07)/104, G/SPS/W/224 
and Rev.1. 
25 G/SPS/41. 
26 G/SPS/W/198. 
27 G/SPS/R/41. 
28 JOB(07)/99. 
29 WT/MIN(01)/17, paragraph 3.1. G/SPS/GEN/887 
Page 12  
 
  and a group of developing country Members.  The sp ecific proposals and the last language considered 
under each article in February 2008 has been circ ulated to all participants.  With respect to 
Article 10.2, the proponents were of the view th at the current interpretation of the phrase "longer 
time-frame for compliance" found in paragraph 3.1 of the Doha Decision on Implementation-Related 
Issues and Concerns was not sufficient for operationaliz ing this Article.  With respect to Article 10.3 
relating to the granting of time-limited exceptions  by the SPS Committee from obligations under the 
Agreement, the proponents claim that their focus is on ensuring predictability of the process to request 
such an exception, while other Members are con cerned that the proposal would prejudge the outcome 
of such requests and amount to automatic granting of waivers.  The objective of the CTD SS is to 
come up with specific recommendations on all outstanding proposals. 
VIII.  REGIONALIZATION (ARTICLE 6) 
56. In the 2005 Review, the Committee decided to  develop a proposal for a decision on the 
effective application of Article 6, taking as the point of departure the various proposals submitted by 
Members and discussions in the Committee.  Member s were encouraged to provide information on 
their experiences in the implementation of Article 6,  and observer organizations were invited to keep 
the Committee informed of their activities relevant to  the recognition of pest- or disease-free areas or 
areas of low pest or disease prevalence ("regionalization"). 
57. Regionalization is a standing agenda item.  At each regular meeting of the Committee, 
Members are invited to provide information regardin g their experience with the recognition of pest- or 
disease-free areas and areas of low pest or disease pr evalence.  Observer organizations regularly 
provide information to the Committee regarding re levant advances in their work on this issue. 
58. In 2008, the Committee adopted guidelines on the implementation of Article 6 of the SPS 
Agreement, to facilitate the recognition of pest- and disease-free areas or areas of low pest or disease 
prevalence (G/SPS/48).  The guidelines identify the type of information normally needed for the 
recognition of regionalization, as well as typical ad ministrative steps in the recognition process.  The 
Committee agreed to monitor the implementation of Ar ticle 6, on the basis of information provided by 
Members. 
59. Both the IPPC and the OIE have provided guidan ce for countries seeking to establish, or to be 
recognized for, pest- or disease-free status.  The I PPC currently has two relevant standards, one 
(ISPM 4) on requirements for the establishment of pest-free areas and another (ISPM 10) for the establishment of pest-free places of production and pr oduction sites.  In addition IPPC has a number 
of supporting standards including guidelines for su rveillance and a standard under development on 
low pest prevalence.  In March 2007, the IPPC adopt ed the International Standard for Phytosanitary 
Measures (ISPM) 29:  "Recognition of Pest-Free Areas and Areas of Low Pest Prevalence". 
60. The OIE Terrestrial Animal Health Code describes the requirements for obtaining disease-
free status including requirements for surveillance and monitoring based on the concept of geographic 
zones.  At its 76
th General Session in May 2008, the OIE adopt ed a number of resolutions related to 
recognition of disease-free areas.  These are contai ned in the annexes to document G/SPS/GEN/853.  
The International Committee has approved a list of c ountries or zones that had applied for official 
OIE recognition of their sanitary status concerning four diseases:  BSE, FMD, contagious bovine pleuropneumonia (CBPP), and rinderpest.  In additio n, new resolutions on procedures for the official 
recognition and maintenance of country /zone status were also adopted 
IX. IMPLEMENTATION OF THE AGREEMENT – SPECIFIC TRADE CONCERNS 
61. In the 2005 Review, the Committee encouraged Me mbers to make use of the opportunity to 
identify specific trade problems and to seek to fi nd mutually satisfactory resolutions of those  G/SPS/GEN/887 
 Page 13 
 
 
  problems.  Members were encouraged to inform  the Committee of all specific trade concerns 
resolved, and the Secretariat was re quested to continue to provide regularly updated information on 
the specific trade concerns c onsidered by the Committee. 
62. Part of each Committee meeting is devoted to the consideration of specific trade concerns 
raised by Members.  At the March 2000 meeting of the SPS Committee, the Secretariat was requested 
to prepare a paper summarizing the specific trade concerns that had been brought to the Committee's 
attention since 1995 and to update this document annually to include new information provided by 
Members.30  The excerpts below are from the eighth revi sion and include all issues which have been 
raised at SPS Committee meetings through to the e nd of 2007.  The ninth revision of G/SPS/GEN/204 
will be issued in early 2009. 
63. Altogether, 261 specific trade concerns were raised between 1995 and the end of 2007.  
Figure 1 shows the number of new concerns raised each year;  16 new concerns were raised in 2007.  
Figure 2a categorizes the trade concerns raised over the thirteen years into food safety, animal or plant 
health issues.  It is important to keep in mind, how ever, that some issues may relate to more than one 
of these categories.  Concerns relating to zoonoses,  for example, may concern measures taken with 
both animal health and food safety objectives.  Fo r the purposes of these graphs, a single objective has 
been designated as the principle concern, however all relevant keywords have been assigned for 
purposes of electronic searches of the data on specific trade concerns.  Overall, 26 per cent of trade 
concerns relate to food safety concerns, 28 per cent re late to plant health, and 4 per cent concern other 
issues such as certification requirements or translation.   Forty-two per cent of concerns raised relate to 
animal health and zoonoses.  The animal health and zoonoses category is further divided into foot-
and-mouth disease (FMD), transmissible spongiform  encephalopathy (TSEs), Avian Influenza (AI) 
and other animal health concerns (OAH).  Figur e 2b shows that TSEs account for 36 per cent of 
animal health concerns, while issues related to foot-and-mouth disease account for 23 per cent.  The 
remaining 41 per cent relate to other animal  health concerns and avian influenza. 
FIGURE 1 – NUMBER OF NEW ISSUES RAISED 
 
2112423
13
102942
29
2131
1016
051015202530354045
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Ye arNumber of Members
 
 
                                                      
30 G/SPS/GEN/204 and Revisions 1 through 8. G/SPS/GEN/887 
Page 14  
 
  FIGURE 2A – TRADE CONCERNS BY SUBJECT 
 
Animal Health
42%
Food Safety
26%Plant Health
28%Other
4%
Animal Health
Food Safety
Plant Health
Other
 
 
 
FIGURE 2B – TRADE CONCERNS RELATED TO ANIMAL HEALTH & ZOONOSES 
 
TSE
36%
FMD
23%AI
9%OAH
32%
TSE
FMD
AI
OAH
 
 
64. Developing country Members are participating actively under this agenda item in the SPS 
Committee meetings.  Figure 3a indicates that ove r the thirteen years, developing country Members 
have raised 126 trade concerns (on many occasions more than one Member has raised, supported or 
maintained an issue) compared to 179 raised by developed country Members and two raised by least-
developed country Members.31  A developing country Member has supported another Member raising 
an issue in 177 cases, compared to 120 for deve loped country Members and one for least-developed 
                                                      
31 The European Communities was counted as one Member.  Similarly, when one Member spoke on 
behalf of ASEAN, it was counted as one Member only.  G/SPS/GEN/887 
 Page 15 
 
 
  country Members.  In 169 cases, the measure at issue was maintained by a developed country 
Member, and in 125 cases it was maintained by a developing country Member.  No trade concerns regarding measures maintained by least-developed country Members have been raised.  Figure 3b 
shows the number of new issues raised each year by developing country Members. 
 
FIGURE 3A – PARTICIPATION BY WTO MEMBERS (1995-2007) 
 
169120179
125177126
12
0 20 40 60 80 100 120 140 160 180 200Members Maintaining
the Measure in
QuestionSupporting MembersMembers Raising the
IssueNumber of Members
Developed Countries Developing Countries Least-Developed Countries
 
 
 
FIGURE 3B – NUMBER OF NEW ISSUES RAISED BY MEMBERS 
 
4101719
8
529
19
1316
71021
619
515
101319
5 511
215
2
05101520253035
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
Ye arNumber of Issues
 
 G/SPS/GEN/887 
Page 16  
 
  65. Figure 4 indicates that 75 trade concerns have been reported resolved out of the 261 trade 
concerns raised over the thirteen years.  Two issu es were reported resolved in 2007.  Eighteen trade 
concerns have been reported partially solved.  In  these instances, trade ma y have been allowed for 
selected products or by some of the importing Memb ers maintaining the measure in question.  No 
solutions have been reported for the remaining 168 trade concerns.  It is also likely that other concerns 
have been resolved without the Comm ittee being aware of these developments. 
FIGURE 4 – SOLVED TRADE CONCERNS 
 
1875168
020406080100120140160180
No solution reported Solution reported Partial solution reported  
 
 
X. PRIVATE VOLUNTARY STANDARDS 
66. Since the 2005 Review of the SPS Agreement, there has been wide discussion in the 
Committee on the issue of private voluntary stan dards ("private standards").  The discussions 
considered the impact of commercial and private st andards on market access, the effect of private 
standards on development; and the le gal aspects in terms of the relati onship of private standards with 
the SPS Agreement. 
67. The issue of private standards was first rai sed at the June 2005 meeting of the Committee.32  
At that meeting, Saint Vincent and the Grenadines raised a concern regarding the operation of a 
EurepGAP scheme in relation to trade in banan as with supermarkets in the United Kingdom.  The 
requirement was with respect to the use of certain pesticides.  Other Members also expressed concerns 
with the effects of private standards on their tr ade.  An information session was subsequently 
organized in the margins of the October 2006 meeting with representatives of EurepGAP and 
UNCTAD.33  The Committee also decided to include the issue of private and commercial standards as 
part of the agenda of its February 2007 meeting.  A background note by the Secretariat described the 
different types of private standards, as well as su mmarized the types of concerns that had been 
identified by Members.34 
                                                      
32 G/SPS/R/37/Rev.1, paras.16-20. 
33 G/SPS/R/43, paras. 40-42. 
34 G/SPS/GEN/746.  G/SPS/GEN/887 
 Page 17 
 
 
  68. In 2008, the Committee continued to discuss the effects of commercial and private SPS 
standards on trade, and the appropriate role of the SPS Committee.  At its June meeting, an informal 
information session was held with representatives  of entities involved in the development and 
certification of private standards, as well with or ganizations who have undertaken related studies.  
Members were invited to propose possible actions  by the SPS Committee in response to a series of 
questions.  In October 2008, the Committee agr eed to the actions proposed in document 
G/SPS/W/230,  with the following changes:  (1) to re quest that the Secretariat prepare a format for the 
information solicited for purposes of undertaking a comparative study;  (2) that there will be no 
limitation on the number of products a Member may iden tify as affected by private standards;  and (3) 
that although Members should make every effort to  provide as complete information as possible with 
regard to each product identified, a lack of co mplete information should not necessarily prevent 
consideration of the product within the comparative study. 
69. Members agreed to continue to work within a sm all group on an informal and flexible basis, 
with a commitment to keep the Committee as a w hole fully and continuously informed.  A list of 
documents and other information on private stan dards, including all the documents on private 
standards circulated in the SPS Committee, h as been made available by the Secretariat.35 
XI. IMPLEMENTATION OF THE AGREEMENT – USE OF AD HOC 
CONSULTATIONS 
70. In the 2005 Review, Members were encouraged to make use of the possibility for ad hoc 
consultations, including through the Good Offices of the Chairperson of the SPS Committee, to 
facilitate the resolution of specific trade concerns. 
71. Article 12.2 states that the Committee "shall enc ourage and facilitate ad hoc consultations or 
negotiations among Members on specific sanitary or ph ytosanitary issues".  To date, this has been 
done through:  (1) Members raising specific trade co ncerns at regular meetings of the SPS Committee;  
(2) discussions by the Committee of specific issu es such as implementation of ISPM 15, or 
private/commercial standards;  and (3) provision in the Committee's Workin g Procedures for the use 
of the Good Offices of the Chairperson. 
72. Document G/SPS/GEN/781 gives a broad overview of different ways in which the SPS 
Committee has facilitated ad hoc consultations am ong Members.  Most commonly, Members have 
raised specific trade concerns at meetings of th e Committee, and sought bilateral resolutions.  During 
the Second Review, there had been proposals to impr ove and increase the use of the mechanism, such 
as providing more time for this purpose at Committee meetings, establishing specific procedures, 
disseminating information about the resolution of concerns raised in the past and facilitating 
participation of developi ng and least developed country Members.   Rules and procedures for using the 
"Good Offices" of the Chair had also been proposed.  This confidential procedure had been used on 
three occasions.  In addition, according to Article  5.8, Members could request justification for a 
measure which did not conform to an internationa l standard.  This provision has been invoked by 
several Members over the years, and some had sugg ested developing a procedure for its use, however 
no specific procedure has been proposed. 
73. The United States and Argentina each tabled pr oposals on ways to enhance the use of the 
Chairperson's Good Offices.  They offered to submit  a joint proposal for consideration at the next 
meeting of the Committee in February 2009.  Both Members took note of the concerns raised with 
regards to avoiding any conflict with the horizont al mechanism in NAMA on th e fast-track resolution 
of non-trade barriers. 
                                                      
35 G/SPS/GEN/865. G/SPS/GEN/887 
Page 18  
 
  XII. CO-OPERATION WITH THE CODEX, OIE AND IPPC 
74. In the 2005 Review, the Committee noted that the relationship between the Committee and 
the Codex, OIE and IPPC should be clarified with a view to facilitating the implementation of the SPS 
Agreement while avoiding duplication of activities.  The Committee also invited Members to provide 
information regarding their experiences in that  regard and to submit specific suggestions for 
consideration by the Committee. 
75. The Committee is required to monitor the process of international harmonization and 
coordinate efforts with these bodies (Article 3.5), and to develop a procedure to monitor the use of 
international standards, guidelines and recommenda tions (Article 12.4).  The Committee adopted a 
provisional monitoring procedure in July 1997, wh ich has been subsequently extended and revised 
(G/SPS/11/Rev.1) (see Section V above).  In addition,  on the basis of an in itiative from a Member, the 
Committee may, through appropriate channels, invite  the relevant international organizations to 
examine specific matters with respect to a partic ular standard, guideline or recommendation (Article 
12.6).  In practice, this has been done through a letter from the Chairperson of the SPS Committee 
drawing the attention of the Codex, OIE and IPPC to  relevant issues that have been identified in the 
annual report on the monitoring of the use of international standards. 
76. Representatives from each of these organizati ons attend the SPS Committee meetings and 
representatives from the WTO Secretariat attend the m eetings of these international organizations as 
observers. Co-operation between the SPS Committe e and the international standard-setting 
organizations is enhanced by coordinating meeti ng schedules to facilitate Member participation in 
regularly scheduled meetings.  Several of the ac tivities of the international standard-setting bodies 
have been discussed in previous Sections of this Background Document.  The STDF provides an 
additional forum for coordination among its partne r organizations, including the WTO, IPPC, OIE 
and Codex. 
77. In the context of the recommendation arising from 2005 Review, New Zealand tabled a 
proposal to clarify the relationship between th e SPS Committee and the Codex, IPPC and OIE, 
including a number of questions to be put to the Three Sisters.
36  Japan proposed, in light of the 
various cross-sectoral issues under consideration such as regionalization or private standards, that the Committee organize a workshop on the standard-se tting procedures of the Codex, OIE and IPPC.
37  A 
special Workshop has been scheduled for October 2009 to examine the work of  the Three Sisters and 
how to enhance the relationship between them and the SPS Committee. 
XIII.  DISPUTE SETTLEMENT 
78. Article 11 of the SPS Agreement indicates that  the Dispute Settlement Understanding will 
apply to SPS disputes and provides for the consulta tion of experts when a dispute involves scientific 
or technical issues.  As of September 2008, over 380 disputes had formally been raised under the WTO's dispute settlement system.  Of these, 33 alle ged violation of the SPS Agreement, although in 
five cases this was not the main focus of the disput e.  Ten panels have b een established to examine 
eleven complaints:  one panel to examine the Unite d States' and Canada's complaints regarding the 
EC ban on meat treated with growth-promoting ho rmones;  two panels to examine complaints by 
Canada and the United States against Australia's re strictions on imports of fresh, chilled or frozen 
salmon;  one at the request of the United States to  examine Japan's requirement that each variety of 
certain fruits be tested with regard to the effica cy of fumigation treatment;  one regarding Japan's 
restrictions on apples due to fire blight requested  by the United States;  one panel to examine the 
Philippines complaints against Australia's quarantine procedures;  one panel to examine complaints by 
                                                     
 
36 G/SPS/W/206. 
37 G/SPS/W/226.  G/SPS/GEN/887 
 Page 19 
 
 
  the European Communities against Australia's qua rantine procedures;  one panel to examine 
complaints by the United States, Canada and Ar gentina concerning EC measures affecting the 
approval and marketing of biotech products;  one panel regarding the complaint of the European 
Communities against the United States and Canada  on their continued suspension of obligations 
relating to the EC-Hormones dispute;  and one pa nel to examine New Zealand's complaint against 
Australia's restrictions on apples.  These cases are further detailed in Appendix B.  
  G/SPS/GEN/887 
Page 20 APPENDIX A 
Summary of major SPS Committee activities, 2005-2008 
 
Subject Year Type of Activity Related Documents 
Consistency    
    
Equivalence    
    
Transparency 2006 Questionnaire on the operation of SPS Enquiry Points and 
National Notification Authorities - Revision G/SPS/W/103/Rev.2 
 2007 Compilation of proposals regarding the revision of the 
"Recommended procedures for im plementing the transparency 
obligations of the SPS Agreement" (Art. 7) G/SPS/W/215, Rev.1, Rev.2 
 2007 Analysis of replies to the questionnaire on the operation of the 
Enquiry Points and National Notification Authorities  G/SPS/GEN/751 
 2007 Overview regarding the level of the implementation of the 
transparency provisions  of the SPS Agreement  G/SPS/GEN/804 
 2008 Proposal for a "mentoring" system  of assistance relating to the 
transparency provisions of the SPS Agreement  G/SPS/W/217 
 2008 Recommended notification procedures G/SPS/7/Rev.3 
 2008 Workshop on transparency - October 2007 G/SPS/R/47 
    
Monitoring International Standards 2005 Procedure to monitor the process of international 
harmonization – Seventh annual report  G/SPS/37 
 2006 Review of the provisional procedure to monitor the process of 
international harmonization  G/SPS/W/200 
 2006 Decision to modify and extend the provisional procedure to 
monitor the process of international harmonization  G/SPS/40 
 2006 Procedure to Monitor the Process of International 
Harmonization – Eighth Annual Report  G/SPS/42 &Corr.1 
 2007 Procedure to monitor the process of international 
harmonization – 9th Annual Report  G/SPS/45  
   G/SPS/GEN/887
 Page 21Subject Year Type of Activity Related Documents 
 2008 Procedure to monitor the process of international 
harmonization – 10th annual report  G/SPS/49 
    
Technical Assistance 2005 Update on the operation of the Standards and Trade 
Development Facility  (STDF) G/SPS/GEN/595 
 2005 Review of standards related issues identified in the Integrated 
Framework Diagnostic Trade Integration Studies  G/SPS/GEN/545 
 2006 Update on the operation of the STDF  G/SPS/GEN/718 
 2006 Overview of SPS-related techni cal assistance reported to the 
WTO/OECD Trade Capacity Building Database  G/SPS/GEN/726 
 2006 Workshop on the implementation of the SPS Agreement -March 2006 G/SPS/R/41 
 2006 SPS technical assistance and training activities  G/SPS/GEN/521/Rev.1 
 2007 Idem  G/SPS/GEN/521/Rev.2 
 2007 SPS technical assistance activities in 2007  G/SPS/GEN/797 
 2007 Update on the operation of  the STDF G/SPS/GEN/774 
 2007 Background document from the STDF for the global review of 
aid for trade G/SPS/GEN/812 
 2008 SPS technical assistance and traini ng activities  G/SPS/GEN/521/Rev.3 
 2008 Workshop on SPS-related ca pacity evaluation tools G/SPS/R/48 
 2008 Mobilizing aid for trade for SPS-related technical cooperation 
– Conclusions from pilot activities of the STDF G/SPS/GEN/864 
 2008 Report on Workshop on Good Practice in SPS-related 
technical assistance  G/SPS/R/52 
    
Special and Differential Treatment 2005 Report on proposals for special and differential treatment  G/SPS/35 
 2005 Proposals and progress on speci al and differential treatment  G/SPS/GEN/543 
 2006 Decision to extend the procedures  to enhance transparency of 
S&D in favour of developing country Members G/SPS/W/184  
  G/SPS/GEN/887 
Page 22 Subject Year Type of Activity Related Documents 
 2005 Special and Differential Treatment – Report by the Chairman 
to the General Council G/SPS/39 
 2006 Idem G/SPS/41 
 2007 Idem G/SPS/44 
 2007 Idem G/SPS/46 
 2008 Proposed revision of the procedure to enhance transparency of 
S&D in favour of developing country Members (G/SPS/33)  G/SPS/W/224 
 2008 Idem - Revision G/SPS/W/224/Rev.1  
    
Regionalization 2006 Compendium of documents regarding Article 6  G/SPS/GEN/636 & Corr.1 and Rev.1 
and Rev.1/Corr.1 
 2006 Issues in the application of Article 6 of the SPS Agreement – 
Background document  G/SPS/GEN/640 & Rev.1 
 2006 Summary of the special meeting on  Article 6  G/SPS/R/38 & Corr.1 
 2008 Guidelines to further the practical implementation of Article 6 
of the SPS Agreement  G/SPS/48 
    
Implementation of the Agreement-
Specific Trade Concerns  2005 Specific trade concerns G/SPS/GEN/204/Rev.5 and Addenda 
 2006 Idem  G/SPS/GEN/204/Rev.6 and Addenda 
 2007 Idem  G/SPS/GEN/204/Rev.7 and Addenda 
 2007 Ad hoc consultations and resolution of trade concerns  G/SPS/GEN/781 
 2008 Specific trade concerns  G/SPS/GEN/204/Rev.8 and Addenda 
    
Other 2005 Review of the operation and implementation of the SPS 
Agreement  G/SPS/36  
   G/SPS/GEN/887
 Page 23Subject Year Type of Activity Related Documents 
 2006 SPS Agreement – Designation of a regional body – 
Communication from Antigua, Barbuda, Barbados, Cuba, 
Dominica, Fiji, Grenada, Jamaica, Mauritius, Papua New Guinea, Solomon Islands, St. Kitts and Nevis, St. Vincent and 
the Grenadines - Revision WT/COMTD/SE/W/16/Rev.1 and Rev.2 
 2006 Committee on Trade and Development in dedicated session – 
Report to the General Council on measures to assist small 
economies in meeting their obligations under the Agreements 
on SPS measures, TBT and TRIPS WT/COMTD/SE/5 
 2007 Private standards an d the SPS Agreement  G/SPS/GEN/746 
 2007 Joint UNCTAD/WTO informal information session on private 
standards Job(07)/89/Rev.1 
 2007 Relationship with Codex, IPPC and OIE G/SPS/GEN/775  
 2008 Private standards – Identifying practical actions for the SPS 
Committee – Summary of responses  G/SPS/W/230 
 2008 Report of the STDF information session on private standards G/SPS/R/50 
 2008 Proposed Procedure for Third Review G/SPS/W/228 
  
  G/SPS/GEN/887 
Page 24 APPENDIX B 
WTO Disputes Invoking the SPS Agreement 
 Since 1 January 1995, violations of the SPS Agreement have been alleged in the followi ng invocations of the formal dispute sett lement provisions of 
the WTO. Those which have been refe rred to a panel are highlighted.  
 
 
 DS Number Parties and nature of complaint Panel Report / Appellate 
Body Report circulation Comments 
1 WT/DS3 US complaint against Korea's inspection procedures 
for fresh fruits  Mutually satisfactory solution notified in July 2001 
(G/SPS/GEN/265) 
2 WT/DS41 US complaint against Korea's inspection procedures 
for fresh fruits  Mutually satisfactory solution notified in July 2001 
(G/SPS/GEN/265) 
 
3 WT/DS5 US complaint against Korea's shelf-life 
requirements for frozen processed meats and other 
products  Mutually agreed solution notified in July 1995. 
4 WT/DS18 Canada's complaint against Australia's import 
restrictions on fresh, chilled or frozen salmon 
Australia - Salmon WT/DS18/R (1998) 
WT/DS18/AB/R (1998) 
WT/DS18/RW (2000) Mutually agreed solution notified in May 2000. 
5 WT/DS21 US complaint against Australia's import restrictions 
on fresh, chilled or frozen salmon 
Australia - Salmonids  Mutually agreed settlement notified in November 2000. 
6 WT/DS20 Canada's complaint against Korea's restrictions on 
treatment methods for bottled water  Mutually agreed solution notified in April 1996. 
7 WT/DS26 US complaint against EC's prohibition of meat from 
animals treated with growth-promoting hormones 
EC – Hormones (US) WT/DS26/R/USA (1997) 
WT/DS26/AB/R (1998) 
WT/DS26/ARB (1999) Suspension of concessions authorized on 26 July 1999. 
8 WT/DS48 Canada's complaint against EC's prohibition of 
meat from animals treated  with growth-promoting 
hormones WT/DS48/R/CAN (1997) 
WT/DS48/AB/R (1998) Same panel handled both complaints.  See above.  
   G/SPS/GEN/887
 Page 25 DS Number Parties and nature of complaint Panel Report / Appellate 
Body Report circulation Comments 
EC – Hormones (Canada) WT/DS48/ARB (1999) 
9 WT/DS76 US complaint against Japan's "varietal testing" 
requirement for fresh fruits 
Japan – Agricultural Products II WT/DS76/R (1998) 
WT/DS76/AB/R (1999) Mutually agreed solution notified in September 2001. 
10 WT/DS96 EC complaint against India's quantitative 
restrictions on agricultural and other products  Mutually agreed solution notified in April 1998. 
11 WT/DS100 EC complaint against US restrictions on poultry 
imports  Consultations requested on 18 August 1997; pending. 
12 WT/DS133 Swiss complaint against Slovakia's BSE-related 
restrictions on cattle and meat  Consultations requested on 11 May 1998; pending. 
13 WT/DS134 India's complaint against EC restrictions on rice 
imports  Consultations requested on 25 May 1998; pending. 
14 WT/DS135 Canada's complaint against EC (French) measures 
affecting asbestos 
EC - Asbestos WT/DS/135/R (2000) 
WT/DS/135/AB/R (2001) SPS Agreement not invoked in the reports. 
15 WT/DS137 Canada's complaint against EC restrictions due to 
pine wood nematodes  Consultations requested on 17 June 1998; pending. 
16 WT/DS144 Canada's complaint against US state restrictions on 
movement of Canadian trucks carrying live animals 
and grains  Consultations requested on 25 September 1998;  pending. 
17 WT/DS203 US complaint against Mexico on measures 
affecting trade in live swine  Consultations requested on 10 July 2000; pending. 
18 WT/DS205 Thai complaint against Egypt's GMO-related 
prohibition on imports of canned tuna with soybean 
oil  Consultations requested on 22 September 2000; pending. 
19 WT/DS237 Ecuador's complaint against Turkey's import 
requirements for fresh fr uit, especially bananas 
Turkey – Fresh Fruit Import Procedures   Mutually agreed solution notified in November 2002. 
20 WT/DS245 US complaint against Japan's restrictions on apples 
due to fire blight WT/DS245/R (2003) Mutually agreed solution notified on 2 September 2005  
  G/SPS/GEN/887 
Page 26  DS Number Parties and nature of complaint Panel Report / Appellate 
Body Report circulation Comments 
Japan - Apples WT/DS245/AB/R (2003) 
WT/DS245/RW (2005) 
21 WT/DS256 Hungarian complaint against Turkey's restrictions 
on imports of pet food (BSE)  Consultations requested on 3 May 2002;  pending. 
22 WT/DS270 Philippine complaint against Australia's restrictions 
on fresh fruits and vegetables, including bananas 
Australia - Fresh Fruit and Vegetables  Panel established August 2003 
23  WT/DS271 Philippine complaint against Australia's restrictions 
on pineapple  Consultations requested on 18 October 2002; pending. 
24 WT/DS279 EC complaint against India's Export and Import 
Policy  Consultations requested on 23 December 2002; pending. 
25 WT/DS284 Nicaragua complaint against Mexico's 
phytosanitary restrictions on black beans  Mutually agreed solution notified in March 2004. 
26 WT/DS287 EC complaint against Australian quarantine regime 
Australia – Quarantine Regime  Panel established November 2003. Mutually agreed solution 
notified in March 2007 
27 WT/DS291 US complaint against EC on GMO approvals 
EC – Approval and Marketing of Biotech 
Products WT/DS291/R (2006) Panel report adopted on 21 November 2006. Arbritration 
requested on the level of suspension of concessions (Art. 22.6) on 
7 February 2008; suspended on 15 February 2008 
28 WT/DS292 Canadian complaint against EC on GMO approvals 
EC – Approval and Marketing of Biotech 
Products WT/DS292/R (2006) Panel report adopted on 21 November 2006 
29 WT/DS293 Argentina complaint against EC on GMO approvals 
EC – Approval and Marketing of Biotech 
Products WT/DS293/R (2006) Panel report adopted on 21 November 2006 
30 WT/DS297 Hungary's complaint against Croatia's restrictions 
on live animals and meat products (TSEs).  Consultations requested on 9 July 2003; pending. 
31 WT/DS320 EC complaint against Canada on its Continued 
Suspension of Obligations in the EC-Hormones 
Dispute* WT/DS320/R 
 Panel report circulated on 31 March 2008. Panel report appealed 
on 29 May 2008. Appellate Body report issued on 16 October 
2008.    
   G/SPS/GEN/887
 Page 27 DS Number Parties and nature of complaint Panel Report / Appellate 
Body Report circulation Comments 
US – Continued Suspension of Obligations in the 
EC – Hormones Dispute WT/DS320/AB/R 
 
32 WT/DS321 EC complaint against Canada on its Continued 
Suspension of Obligations in the EC-Hormones 
Dispute* 
US – Continued Suspension of Obligations in the 
EC – Hormones Dispute  WT/DS321/R 
 
WT/DS321/AB/R 
 Panel report circulated on 31 March 2008. Panel report appealed 
on 29 May 2008. Appellate Body report issued on 16 October 
2008.  
33 WT/DS367 New Zealand complaint against Australia's 
restrictions on apples  Panel established on 21 January 2008 
 
  
* Neither of these two requests for consultations claim violation of the SPS Agreement, however, one of the issues of concern r egards the EC 
implementation of the rulings in WT/DS26 and WT/DS48 above, hence it is probable that  the implementation of the SPS Agreement w ill be relevant to 
these disputes  G/SPS/GEN/887 
Page 28  
 
  APPENDIX C 
List of SPS Committee docume nts submitted by Members 
2005-2008 
 
A. Information on Member's experiences related to Equivalence (Article 4)  
 
Year Member Title/Subject Symbol 
2005 Brazil Technical Committee on the health and 
hygiene of fishery products of 
Argentina, Brazil, Chile and Uruguay – Equivalence of inspection systems G/SPS/GEN/586 
2007 Panama Determination of the recognition of 
equivalence  G/SPS/N/EQV/PAN/1 
2008 Dominican Republic Determination of the recognition of 
equivalence G/SPS/N/EQV/DOM/1 
 
B. Comments/proposals regarding Tr ansparency (Article 7 and Annex B)  
 
Year Member Title/Subject Symbol 
2005 Kazakhstan Transparency G/SPS/GEN/544 
Australia Second Review of the SPS Agreement 
– Review of the implementation of transparency provisions G/SPS/W/197 
Bulgaria Transparency G/SPS/GEN/737 
European 
Communities Transparency G/SPS/GEN/737 
Romania Transparency G/SPS/GEN/737 
United States Second Review of the SPS Agreement 
– Review of the implementation of 
transparency provisions G/SPS/W/197 2006 
New Zealand Idem   
China Proposal on the amendment of "the 
recommended procedures for implementing the transparency 
obligations of the SPS Agreement 
(Article 7)" G/SPS/W/212 
2007 
European 
Communities The EC NNA/EP for the SPS 
Agreement:  experience acquired in the 
operational procedures and recent experience – Reflection note G/SPS/GEN/803 
Argentina Proposals regarding the revision of 
recommended procedures regarding 
transparency G/SPS/W/220 
2008 
Chile Chile's position on the implementation 
of the principle of transparency in 2008 G/SPS/W/221 
  G/SPS/GEN/887 
 Page 29 
 
 
  C. Comments/proposals regarding  monitoring the use of international standards (Article 
3.5 and 12.4)  
 
Year Member Title/Subject Symbol 
Brazil Brazilian approval of the new revised 
text of the IPPC 1997 G/SPS/GEN/600 
China Monitoring the use of international 
standards:  ISPM 15 G/SPS/GEN/551 
Ecuador Establishment of the National Codex 
Alimentarius Committee G/SPS/GEN/591 
European 
Communities Implementation of ISPM 15 from 1 
March 2005:  new requirements for the 
import of wood packaging material and dunnage for a better protection 
against the introduction of pests or 
diseases in the European Union G/SPS/GEN/556 
Kingdom of Bahrain Adoption of international Codex 
standards G/SPS/GEN/537 2005 
Mauritius Implementation of international 
standards G/SPS/GEN/547 
Argentina ISPM 15 G/SPS/GEN/653 
Brazil Brazilian approval of the new revised 
text of the IPPC 1997 G/SPS/GEN/696 
Japan Implementation of ISPM No. 15 as of 
April 2007 G/SPS/GEN/739 
New Zealand Relationship between the SPS 
Committee and the standard-setting 
bodies G/SPS/W/206 2006 
Sri Lanka Procedure to monito r the process of 
international harmonization G/SPS/W/187 
2008 Japan Relationship between the SPS 
Committee and Codex, OIE and IPPC G/SPS/W/226 
 
D.1 Information regarding Member's provision  of technical assistance and training 
activities (Article 9)  
 
Year Member Title/Subject Symbol 
New Zealand Technical assistance provided to 
developing country Members by New 
Zealand since 1 January 1995 - 
Revision G/SPS/GEN/352/Rev.1 
2005 
United States Technical assistance to developing 
country Members provided by the United States – Addendum/Revisison G/SPS/GEN/181/Add.5 
and Rev.1 
2006 Australia Technical assistance to developing 
country Members G/SPS/GEN/717 G/SPS/GEN/887 
Page 30  
 
  Year Member Title/Subject Symbol 
Canada Technical assistance to developing 
country Members  G/SPS/GEN/728 
2006 European 
Communities Technical assistance in the SPS field 
provided by the EC G/SPS/GEN/669 
Australia Technical assistance to developing 
country Members G/SPS/GEN/717/Add.1 
Canada Technical assistance to developing 
country Members G/SPS/GEN/765 
European 
Communities EC Technical assistance in the SPS 
Sector G/SPS/GEN/839 
New Zealand Technical assistance for operating the 
SPS Notification Authority and SPS 
Enquiry Point G/SPS/W/214 
Norway SPS technical assistance G/SPS/GEN/879 2007 
United States Technical assistance to developing 
country Members provided by the United States G/SPS/GEN/181/Add.6 
2008 United States Technical assistance to developing 
country Members provided by the 
United States G/SPS/GEN/181/Add.7 
 
D.2 Information regarding Member's technical assistance and training needs (Article 9)  
 
Year Member Title/Subject Symbol 
2005 Peru Technical assistance within the 
framework of the WTO Agreement 
on the Application of SPS Measures G/SPS/GEN/579 
Central African 
Republic Technical assistance G/SPS/GEN/644 
2006 Tanzania Technical assistance related to 
fisheries sector -  Experience from 
the United Republic of Tanzania G/SPS/GEN/687 
Costa Rica Technical assistance – Responses 
to the questionnaire G/SPS/GEN/295/Add.29/Rev.1 
Guatemala Technical assistance – Responses 
to the questionnaire G/SPS/GEN/295/Add.22/Rev.1 2007 
Rwanda Technical assistance – Responses 
to the questionnaire G/SPS/GEN/295/Add.37 
2008 Belize Technical Assistance G/SPS/GEN/885 
 
E. Comments/proposals regarding special  and differential treatment (Article 10)  
 
Year Member Title/Subject Symbol 
2006 United States Special and differential treatment G/SPS/W/198  G/SPS/GEN/887 
 Page 31 
 
 
  Year Member Title/Subject Symbol 
Egypt Statement to the informal meeting JOB(07)/25 
Egypt Proposed revision of G/SPS/33 JOB(07)/104 2007 
Egypt Suggested language by Egypt for 
Article 10.1 of the SPS Agreement JOB(07)/99 
 
F.1 Comments/proposals regarding Regionalization (Article 6)  
 
Year Member Title/Subject Symbol 
Argentina Article 6 of the Agreement on the 
Application of SPS Measures G/SPS/GEN/606 
Australia Monitoring of international 
harmonization:  regionalization G/SPS/W/172 
Brazil Improving the application of Article 6 
of the SPS Agreement G/SPS/W/177 
Brazil Recognition of the state of Acre and 
the municipalities of Boca Do Acre 
and Guajará in the state of Amazonas, 
Northern region of Brazil, as Foot-and-
Mouth Disease – Free zones where 
vaccinations is practiced G/SPS/GEN/601 
Canada Implementation of Article 6 of the SPS 
Agreement  G/SPS/GEN/613 
Chile Proposal by Chile to further the 
discussion concerning the 
implementation of Article 6 on regionalization G/SPS/W/171 
Columbia Procedures for recognition of pest- or 
disease- free areas or areas of low pest 
or disease prevalence under Article 6 of the SPS Agreement G/SPS/GEN/611 
European 
Communities Clarification of Article 6 of the SPS 
Agreement G/SPS/GEN/588 
Japan Implementation of Article 6 
(Regionalization) of the Agreement on 
the Application of SPS Measures G/SPS/GEN/605 2005 
Peru Regionalization G/SPS/GEN/607 
Argentina Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/189 
Brazil Implementation of Art. 6 of the SPS 
Agreement G/SPS/W/185 
Brazil Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/189 2006 
Columbia Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/189 G/SPS/GEN/887 
Page 32  
 
  Year Member Title/Subject Symbol 
Ecuador Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/189 
Ecuador Regionalization G/SPS/GEN/623 
Egypt Article 6 – Procedures for recognition 
of pest- or disease-free areas or areas 
of low pest or disease prevalence G/SPS/W/193 
Egypt Implementation of Art. 6 – Experience 
in establishing and Maintaining "Pest-Free Areas" G/SPS/GEN/630 
European 
Communities Application of Art. 6 of the SPS 
Agreement G/SPS/GEN/632 
European 
Communities Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/190 
Grenada Article 6 of the SPS Agreement G/SPS/W/194 
Japan Issues in the application of Art. 6 of 
the SPS Agreement G/SPS/W/192 
Korea Article 6 of the SPS Agreement G/SPS/W/195 
Mexico Regionalization G/SPS/GEN/622 
New Zealand Comments on G/SPS/GEN/640/Rev.1 
– Article 6 G/SPS/GEN/725 
New Zealand Procedures for recognition of pest- or 
disease-free area or areas of low pest prevalence under Art. 6 – Comparison 
of standards developed by the ISSBs G/SPS/GEN/698 and 
Rev.1 
Paraguay Comments on G/SPS/GEN/640 – Article 6 G/SPS/W/189 
Chinese Taipei Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/205 
United States Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/199 
United States Additional comments on Art. 6 of the 
SPS Agreement – Adaptation to regional conditions G/SPS/GEN/631 2006 
Uruguay Comments on G/SPS/GEN/640 – 
Article 6 G/SPS/W/189 
Chile Chile's position on regionalization 
guidelines for 2008 G/SPS/W/222 
2008 New Zealand Guidelines to further the practical 
implementation of Art. 6 of the SPS 
Agreement G/SPS/W/218 
  G/SPS/GEN/887 
 Page 33 
 
 
  F.2 Information regarding Member's experience related to Regionalization (Article 6)  
 
Year Member Title/Subject Symbol 
Brazil Pest free area of Minas Gerais state – 
Micosphaerella fijiensis  G/SPS/GEN/561 
Brazil Pest free area of Ceará state – 
Anastrepha grandis  G/SPS/GEN/562 
Brazil Foot and mouth disease free zone – 
Brazilian experience on regionalization G/SPS/GEN/584 
Brazil Newcastle disease – Brazilian 
experience in certifying disease free 
flocks G/SPS/GEN/608 
Brazil Classical swine fever – Brazilian 
experience in regionalization G/SPS/GEN/609 
Canada Update on developments in Canada 
regarding Bovine Spongiform 
Encephalopathy (BSE) G/SPS/GEN/585 
Chile Notification of recognition of pest- and 
disease-free zones - Regionalization G/SPS/W/181 
Columbia  Avian influenza G/SPS/GEN/602 
Nicaragua Status of the national classical swine 
fever eradication programme in 
Nicaragua G/SPS/GEN/575 
Nicaragua Nicaragua initiates brucellosis – and 
tuberculosis - free certification for farms G/SPS/GEN/576 2005 
Peru Current FMD Status G/SPS/GEN/558  
Argentina Grains, fruits etc. – FMD G/SPS/GEN/654 
Australia Exercise Eleusis – Avian influenza 
simulation G/SPS/GEN/619 
Australia Issues in the application of Art. 6 of 
the SPS Agreement G/SPS/W/191 
Australia Issues in the application of Art. 6 of 
the SPS Agreement - Addendum G/SPS/W/191 and 
Add.1 
Brazil Pest free area of Minas Ceará state – 
Micosphaerella fijiensis  G/SPS/GEN/562/Add.1 
Brazil Area of Rio Grande do Norte State free 
of Anastrepha grandis  G/SPS/GEN/642 
Brazil Pest-free area of Bahia state – 
Mycosphaerella fijiensis  G/SPS/GEN/697 
Canada Update on developments regarding 
BSE G/SPS/GEN/635 
Chile Situation regarding BSE G/SPS/GEN/633 2006 
Chile Experience in the application of the 
principle of regionalization G/SPS/GEN/610 G/SPS/GEN/887 
Page 34  
 
  Year Member Title/Subject Symbol 
Columbia Experiences in regionali zation:  FMD G/SPS/GEN/612 
Columbia Avian influenza H9N2 G/SPS/GEN/621 
Egypt Experience in establishing and 
maintaining "Pest-Free Areas" G/SPS/GEN/630 
Mexico Regionalization - Information for the 
recognition of fruit fly-free areas G/SPS/GEN/440/Rev.1 
Nigeria Current SPS measures regarding the 
avian influenza situation G/SPS/GEN/637 
Peru Recognition of Southern Peru as a 
foot-and-mouth disease-free zone 
where vaccination is not practised G/SPS/GEN/578 2006 
Turkey Avian Influenza G/SPS/GEN/620 and 
Rev. 1 
Brazil Pest free area of Ceará state – 
Anastrepha grandis  G/SPS/GEN/562/Add.2 
Panama Pest-free area of classical  swine fever G/SPS/GEN/783 
Panama Certification and/or declaration of an 
area free of Mediterranean fruit fly in the Azuero peninsula G/SPS/GEN/752 
2007 
Philippines Avian Influenza and FMD status as of 
1 March 2007 G/SPS/GEN/771 
Argentina Foot and mouth disease situation G/SPS/GEN/868 
Belize Classical swine fever and FMD-free 
status G/SPS/GEN/861 
Canada Update on an outbreak of highly 
pathogenic avian influenza (H7N3) in the province of Saskatchewan G/SPS/GEN/866 
Chile Recognition of pest- and disease-free 
areas G/SPS/GEN/862 
Haiti Sanitary informati on – BSE G/SPS/GEN/846 
Mexico Report on the classification of Mexico 
by the OIE regarding BSE G/SPS/GEN/858 
Peru Areas found to be free of Stenoma 
catenifer (Lepidoptera-oecophoridae) 
on the basis of surv ey work on this 
pest conducted in Peruvian coastal areas where avocado ( Persea 
Americana)  is produced G/SPS/GEN/815 2008 
Switzerland BSE G/SPS/GEN/844 
  G/SPS/GEN/887 
 Page 35 
 
 
  G. Comments/proposals regardi ng Monitoring Implementation of the Agreement (Articles 
12.1 and 12.2)—Specific trade concerns  
 
Year Member Title/Subject Symbol 
Costa Rica Panama – Imports of products of 
animal origin G/SPS/GEN/582 
Sri Lanka Trade difficulties encountered in the 
export of Sri Lankan cinnamon to the European Communities G/SPS/GEN/597 
2005 
Uruguay Undue delays G/SPS/W/169 
Argentina Review of concerns raised by Members 
pending their resolution G/SPS/GEN/693 
Columbia Proposal for preventing undue delays 
in the entry of animals, plants and their 
products G/SPS/W/201 
Columbia EC Regulation 258/97 on Novel Foods G/SPS/GEN/735 
Ecuador EC Regulation 258/97 on Novel Foods G/SPS/GEN/714 
European 
Communities Questions and answers on the EC 
control measures for avian influenza G/SPS/GEN/641 
European 
Communities Reply of the EC to the communication 
from Peru concerning Regulation 
258/97 on Novel Foods G/SPS/GEN/699 
Peru Regulation 258/97 Of The European 
Parliament And Of The Council Concerning Novel Foods G/SPS/GEN/681 
Peru EC Regulation 258/97 on Novel Foods G/SPS/GEN/713 
Peru EC Regulation 258/97 on Novel Foods G/SPS/GEN/733 2006 
Uganda Fish exports from Lake Victoria G/SPS/GEN/685 
New Zealand Australia – Measures affecting the 
importation of apples from New 
Zealand – Request for consultations G/SPS/GEN/796 
2007 
Thailand Undue delays in relation to Article 5 
(risk assessment) and interim measures G/SPS/GEN/769 
Argentina Buenos oficios del Presidente G/SPS/W/219 
2008 
United States Article 12.2 – Consultations G/SPS/W/227 
 
H. Review of the Agreement  
 
Year  Member Title/Subject  Symbol  
2005 Costa Rica Second review of the operation and 
implementation of the SPS Agreement – Prioritization of issues for the future 
work programmes of the SPS 
Committee . G/SPS/W/180 G/SPS/GEN/887 
Page 36  
 
  Year  Member Title/Subject  Symbol  
2005 New Zealand Second review of the operation and 
implementation of the SPS Agreement 
– Work programme G/SPS/W/179 
Brazil Second Review of the SPS Agreement 
– Prioritization of issues for the future 
work programme of the SPS 
Committee G/SPS/W/182 
Canada Second Review of the SPS Agreement 
– Clarification of the terms "measures" 
and "regulations" as contained in the SPS Agreement G/SPS/W/186 
Chile Second Review of the SPS Agreement 
– Undue delays G/SPS/W/202 
Chile Second Review of the SPS Agreement 
– Harmonization, relationship with int. organizations and int. standards G/SPS/W/203 
Chile Second review of the SPS – Proposed 
differences or clarifications procedure G/SPS/W/204 
Columbia Second Review of the SPS Agreement  
– Priority topics to be taken into 
account in the future work of the 
Committee G/SPS/W/188 
Costa Rica Second Review of the SPS Agreement 
– Discussion proposal for the more effective implementation of the a d hoc  
consultations mechanism within the 
framework of Art. 12.2  G/SPS/W/183 2006 
New Zealand Second Review of the SPS Agreement 
– Review of the implementation of 
transparency provisions G/SPS/W/197 
2007 Canada Second review of the SPS Agreement 
– Transparency enhancement proposal G/SPS/GEN/778 
 
I. China Transitional Review  
 
Year  Member Title/Subject  Symbol  
European 
Communities Transitional Review Mechanism under 
paragraph 18 of the Protocol of 
Accession of the  People's Republic of 
China – Comments for China G/SPS/W/178 
2005 United States Transitional Review Mechanism 
pursuant to paragraph 18 of the Protocol of Accession of the People's 
Republic of China – Questions from 
the United States G/SPS/GEN/594  G/SPS/GEN/887 
 Page 37 
 
 
  Year  Member Title/Subject  Symbol  
European 
Communities Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's Republic of China – Questions from 
the European Communities G/SPS/W/208 
2006 
United States Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's 
Republic of China – Questions from the United States G/SPS/W/207 
European 
Communities Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's Republic of China – Questions from 
the European Communities G/SPS/W/216 
2007 
United States Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's 
Republic of China – Questions from the United States  G/SPS/W/213 
European 
Communities Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's Republic of China – Questions from 
the European Communities G/SPS/W/231 
2008 
United States Transitional Review Mechanism 
pursuant to paragraph 18 of the 
Protocol of Accession of the People's 
Republic of China – Questions from the United States G/SPS/W/229 
 
J. Private Standards  
 
Year  Member Title/Subject  Symbol  
Ecuador Private and commercial standards G/SPS/GEN/792 
St. Vincent and the 
Grenadines Private industry standards G/SPS/GEN/766 
2007 
United Kingdom Private voluntary standards within the 
WTO multilateral framework G/SPS/GEN/802 
Uruguay Terms of reference for the working 
group on private standards G/SPS/W/225 
2008 
Uruguay Private standards G/SPS/GEN/843 
 G/SPS/GEN/887 
Page 38  
 
  K. Implementation of the SPS Agreement
 
 
Year  Member Title/Subject  Symbol  
Bangladesh Implementation of the SPS Agreement 
– Information for the workshop on 31 March 2006 G/SPS/GEN/676 
Benin Idem   G/SPS/GEN/670 
Burkina Faso Idem  G/SPS/GEN/662 
Burundi Idem  G/SPS/GEN/674 
Cameroon Idem G/SPS/GEN/671 
Congo  Idem G/SPS/GEN/659 
Costa Rica Idem G/SPS/GEN/679 
Chad  Idem G/SPS/GEN/667 
Columbia Idem G/SPS/GEN/652 
The Gambia Idem G/SPS/GEN/664 
Guatemala Idem G/SPS/GEN/682 
Haiti Idem G/SPS/GEN/677 
Honduras Idem G/SPS/GEN/683 
Jamaica Idem G/SPS/GEN/645 
Kenya Idem G/SPS/GEN/660 
Madagascar Idem G/SPS/GEN/672 
Mauritania Idem G/SPS/GEN/684 
Mauritius Idem G/SPS/GEN/657 
Cuba Idem G/SPS/GEN/655 
Mongolia Idem G/SPS/GEN/675 
Nepal Idem G/SPS/GEN/656 
Niger Idem G/SPS/GEN/678 
Dominican Republic Idem G/SPS/GEN/691 
Egypt Idem G/SPS/GEN/647 
Egypt Idem G/SPS/GEN/649 
Egypt Idem G/SPS/GEN/651 
Nigeria Idem G/SPS/GEN/686 
Pakistan  Idem G/SPS/GEN/661 
Pakistan Idem G/SPS/GEN/692 
South Africa Idem G/SPS/GEN/690 2006 
Togo Idem G/SPS/GEN/665  G/SPS/GEN/887 
 Page 39 
 
 
  Year  Member Title/Subject  Symbol  
Trinidad and Tobago Idem G/SPS/GEN/680 
Peru Idem G/SPS/GEN/668 
Uganda Idem G/SPS/GEN/673 2006 
Zimbabwe Idem G/SPS/GEN/663 
 
L. Other  
 
Year  Member Title/Subject  Symbol  
Costa Rica Phytosanitary certificate G/SPS/GEN/604 
Cuba Measures implemented in the field of 
veterinary medicine G/SPS/GEN/538 
Dominican Republic Current domestic measures to facilitate 
the implementation of the WTO 
Agreement on the Application of SPS 
Measures G/SPS/GEN/587 
European 
Communities Traceability of food , feed, food-
producing animals, and any other substance intended to  be, or expected 
to be, incorporated into a food or feed 
imported into the Community for placing on the market G/SPS/GEN/539 
2005 
European 
Communities Questions and answers on the 
procedure to obtain import tolerances 
and the inclusion of active substances 
for plant protection uses in the 
European Communities list G/SPS/GEN/557 
Columbia Centre for Phytosanitary Excellence – 
CEF – A Colombian cooperation initiative pursuant to Art. 5 of the SPS 
Agreement G/SPS/GEN/702 
Colombia Risk analysis G/SPS/GEN/734 
Colombia Strengthening of Colombia's system of 
sanitary and phytosanitary measures G/SPS/GEN/736 
Cuba Measures implemented in the field of 
veterinary medicine G/SPS/GEN/615 
European 
Communities Public consultation on the impact 
assessment of Regulation 258/97 on 
novel foods and food ingredients G/SPS/GEN/700 
European 
Communities Call for early comments on a 
Commission report on animal by-
products not intended for human 
consumption G/SPS/GEN/719 2006 
European 
Communities Adaptation of the common veterinary 
entry document to the trade control 
and export system (TRACES) G/SPS/GEN/742 G/SPS/GEN/887 
Page 40  
 
  Year  Member Title/Subject  Symbol  
Paraguay Ban on the registration and 
importation of high-risk insecticides G/SPS/GEN/688 
Paraguay Health status re port G/SPS/GEN/689 
Paraguay Phytosanitary status report G/SPS/GEN/711 2006 
Paraguay Health status re port G/SPS/GEN/712 
Argentina MRLs for pesticides – Impact on 
exports from developing country 
Members G/SPS/W/211 & Corr.1 
(in English only) 
Bolivia Slaughter of imported breeding cattle G/SPS/GEN/768 
Costa Rica Clean stock program for Dracaena 
spp. intended for export to the US 
market G/SPS/GEN/784 
European 
Communities Call for comments on a Commission 
consultation on the review of Reg. (EC) 1774/2002 laying down health 
rules concerning animal by-products 
not intended for human consumption G/SPS/GEN/773 
European 
Communities Certification regime applicable for 
imports into the EC of bovine animals 
and of certain products of animal 
origin with regard to provisions related to certain transmissible spongiform 
encephalopathies G/SPS/GEN/799 2007 
Chinese Taipei Veterinary and phytosanitary 
certificates G/SPS/GEN/744 & 
Corr.1 
Chile Bilateral agreements G/SPS/GEN/863 
Ecuador MRL for pineapple G/SPS/GEN/841/Rev.1 
Paraguay Information from Members G/SPS/GEN/876 
Paraguay Communication to the SPS Committee G/SPS/GEN/852 
Singapore Optical watermark on export 
certificates G/SPS/GEN/859 
Venezuela Comprehensive agricultural health 
system G/SPS/GEN/854 2008 
Zambia Information on various SPS matters G/SPS/GEN/836 
 
 
__________