WORLD TRADE  
ORGANIZATION  G/SPS/GEN/819 
13 February 2008 
 (08-0635) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
 
TIME-FRAMES RELATING TO THE INTRODUCTION OF  
NEW SPS MEASURES 
 
Note by the Secretariat
1 
 
 
1. The text of the Agreement on the Application of Sanitary and Phytosanitary Measures (the 
"SPS Agreement") contains certain obligations that  establish time periods relating to the adoption and 
application of new sanitary or phytosanitary measur es by Members.  These obligations relate, inter 
alia, to the notification of drafts of proposed new or modified measures, the publication of adopted 
measures, the entry into force of measures and the a pplication to products of interest to developing 
country Members.  None of these obligations ar e presented in terms of specific periods of time 
(X days or Y months), but rather as "at an early stage", "reasonable time", "promptly", etc. 
2. The SPS Committee has adopted recommendations, in particular with regard to the 
implementation of the transparency provisions of  the SPS Agreement, which provide more precision 
regarding some of the time-frames.  For ex ample, the Committee has recommended that the 
"reasonable time" for comments on the notification of a draft of a proposed new measure should 
normally be a period of at least 60 days.  The recommendations of the Committee are contained in G/SPS/7/Rev.2 and in G/SPS/33 with regard to tran sparency of special and differential treatment. 
3. At the Doha Ministerial Conference in Nove mber 2001, Members adopted decisions which 
give further precision to some of the provisions of the SPS Agreement (WT/MIN(01)/17).  One 
decision was that the "reasonable interval" between  the publication of an SPS measure and its entry 
into force should normally be a period of not less than six months.  Another decision was that the 
"longer time-frames for compliance" accorded under certa in circumstances to products of interest to 
developing country Members s hould normally be a period of not less than six months. 
4.  In the context of the Committee's discussions re garding special and differential treatment, as 
well as its discussions on the implementation of the transparency provisions of the SPS Agreement, 
several Members have indicated that it would be usef ul to clarify the relationship between the various 
steps involved in the drafting and notification of a new or modified SPS measure and its application, 
and in particular to clarify the obligations a nd recommendations regarding the time-frames for each 
step. 
                                                     
 
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members and to their rights and obligations under the WTO. G/SPS/GEN/819 
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5. This document presents the Secretariat's understa nding of this relationship and the applicable 
time-frames.  The document first sets out the various actions taken by Members, inter alia :  the 
notification of a draft proposed measure, provision of  a period for comments, adoption of a measure, 
publication of a measure, entry into force of a measure, and the period of time provided for 
compliance with the new measure.  For each of these steps, the legal obligations as contained in the 
SPS Agreement or in the Ministerial Decision are indicated, along with the Committee's recommendations.  The final chart in this document presents this information in a summarized form, 
as a flow chart. 
6. This document considers only the time-frames th at are relevant for "regular" SPS measures, 
and not those which are imposed in circumstances wh ere urgent problems of health protection arise or 
threaten to arise for a Member.  The provisions of  the SPS Agreement are different, with respect to 
the relevant periods of time, in the case of such urgent measures.   G/SPS/GEN/819 
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ACTION LEGAL OBLIGATION COMMITTEE 
RECOMMENDATION 
1. Notification  
 
 "Whenever an international 
standard, guideline or recommendation does  not exist or the content of a proposed sanitary or phytosanitary regulation is not 
substantially the same as the content 
of an international standard, guideline or recommendation, and if the regulation may have a significant effect on trade of other Members, Members shall: 
 
(a) publish a notice at an early stage in such a manner as to enable interested Members to become acquainted with the proposal to 
introduce a particular regulation; 
 (b) notify other Members, through the Secretariat, of the products to be covered by the 
regulation together with a brief 
indication of the objective and rationale of the proposed regulation.  Such notifications shall take place at an early stage, when 
amendments can still be introduced 
and comments taken into account " 
 [SPS, Annex B.5, chapeau, 5(a) and 
5(b)]   A notification should be made when a 
draft with the complete text of a proposed regulation is available and when amendments can still be introduced and comments taken into 
account.  [G/SPS/7/ Rev.2, para. 8] 
 A notification shall be made well before the entry into force of the relevant measure, except when urgent problems of health protection ar ise or threaten to 
arise for the Member concerned.  Any 
regulation brought into force in urgent circumstances must be notified immediately and a rationale for the urgent action provided.  
[G/SPS/7/Rev.2, para.9] 
 
2.  Comment period  "without discrimination, allow 
reasonable time for other Members 
to make comments in writing ..."   
[SPS, Annex B.5(d)] 
 "...discuss these comments upon request, and take the comments and 
the results of the discussions into 
account" [ SPS, Annex B.5(d)] 
  Members shall norma lly allow a period 
of at least sixty days for comments .  
[G/SPS/7/Rev.2, para. 8; G/SPS/33, 
Step 1]  Any Member which is able to provide a time-limit beyond 60 days is 
encouraged to do so.  [G/SPS/33, 
Step 1]  For proposed measures  which facilitate 
trade, Members may reduce or eliminate the period for receiving 
comments. [G/SPS/7/ Rev.2, para. 36, 
Box 12]  G/SPS/GEN/819 
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  ACTION LEGAL OBLIGATION COMMITTEE 
RECOMMENDATION 
 
Members should grant requests for 
extension of the comment period wherever practicable, in particular with regard to notifications relating to products of particul ar interest to 
developing country Members ...  A 30-
day extension should normally be provided. [G/SPS/7/Rev.2, para. 26;  G/SPS/33, Step 3]  
A Member should 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 
comments into account and, where 
appropriate, provide additional relevant 
information on the proposed SPS regulations concerne d. [G/SPS/7/Rev.2, 
para. 25(ii) and (iii);  G/SPS/33, Step 4] 
 
If an exporting Member identifies significant difficulties with the proposed measure, that Member  may, 
in its comments, request an 
opportunity to discuss and resolve the 
potential difficulty with the notifying Member.  In response to such a written request, the notifying Member will contact the appropriate officials of the exporting Member and enter into 
bilateral discussions to attempt to 
resolve the issue of concern.  In the case of such a request from an exporting developing country Member,  
the notifying Member would 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) the provision of technical assistance to the exporting Member; 
or (3) the provision of special and  G/SPS/GEN/819 
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  ACTION LEGAL OBLIGATION COMMITTEE 
RECOMMENDATION 
differential treatment.  Should special 
and differential treatment be provided, 
it would apply equally to all developing country Members. [G/SPS/33, Step 5]  
3. Adoption of 
measure   A Member should provide to any 
Member from which it has received 
comments, a copy of the corresponding 
SPS regulations as adopted or information that no regulations will be adopted for the time being [G/SPS/7/Rev.2, para. 25(ii) and (iii)] 
 
Members should submit an addendum to a notification when a proposed regulation is either  adopted or comes 
into force.  A Member may wish to indicate on the addendum if the final 
regulation has been substantially 
modified from the notified proposal.  
[G/SPS/7/Rev.2, para. 27]   
4. Publication of 
measure  "Members shall ensure that all 
sanitary and phytosanitary 
regulations which have been 
adopted are published promptly  in 
such a manner as to enable interested Members to become acquainted with them." 
[SPS, Annex B.1] 
 Members are encouraged to publish 
SPS regulations on the Internet where 
possible.  [G/SPS/7/Rev.2, para. 47] 
5. Entry into force of 
measure  Except in urgent circumstances, 
"Members shall allow a reasonable 
interval between the publication of 
a sanitary or phytosanitary 
regulation and 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 the requirements of the importing 
Member. " [ SPS, Annex B.2] 
 Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the Application of 
Sanitary and Phytosanitary If, following the entry into force of a 
new regulation (including an emergency measure), an exporting Member identifies significant difficulties which its exports face in 
complying with the new 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.  In the 
case of such a request from an exporting developing country Member,  
the importing Member would, in any discussions,  examine whether and how 
the identified problem could best be G/SPS/GEN/819 
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  ACTION LEGAL OBLIGATION COMMITTEE 
RECOMMENDATION 
Measures, 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 necessary to implement it.  The entry into force of measures which contribute to the liberalization of trade should not 
be unnecessarily delayed." 
[WT/MIN(01)/17, para. 3.2] 
 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 differential treatment be provided, it would apply equally to all developing country Members. [G/SPS/33, Step 5] 
 
6. Time period for 
compliance  "Where the appropriate level of 
protection allows scope for the 
phased introduction of new SPS measures, longer time-frames for 
compliance should be accorded  on 
products of interest to developing 
country Members so as to maintain 
opportunities for their exports." [SPS, Article 10.2] 
 "Where the appropriate level of 
protection allows scope for the 
phased introduction of new SPS measures, the phrase "longer time-frame for compliance" shall be understood to mean normally a 
period of not less than 6 months .  
Where the appropriate level of 
protection does not allow scope for the phased introduction of a new measure, but specific problems are identified by a Member, the 
Member applying the measure 
shall upon request enter into consultations with the country with a view to finding a mutually satisfactory solution to the problem while continuing to achieve the 
importing Member's appropriate 
level of protection."  [WT/MIN(01)/17, para. 3.1]    G/SPS/GEN/819 
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  TIME-FRAMES RELATING TO THE INTRODUCTION OF NEW SPS MEASURE 
 
   
 
    
 
  
  
 
     
 
    
 
     
__________ Publication of notice 
• at an early stage 
 
Notification to WTO 
• at early stage when can be 
amended 
Comment period 
• allow reasonable time 
• normally at least 60 days 
• provide 30-day extensions, if requested
• no delay if trade-liberalizing 
Adoption of measure 
Publication of measure 
• promptly 
Entry into force 
• reasonable interval 
• normally at least six months from date of publication 
• consider circumstances of measure and actions 
necessary 
• no delay if trade liberalizing 
Compliance 
where ALOP permits phasing in: 
• longer time-frames for products of interest to 
developing country Members 
• normally at least six months from start of entry into 
force G/SPS/33 
• identify concerns 
• request S&D 
• request technical 
assistance 
 
G/SPS/33 
• request S&D 
• request technical 
assistance