. /.  WORLD TRADE  
ORGANIZATION   
G/SPS/W/265 
6 March 2012 
 (12-1254) 
Committee on Sanitary and Phytosanitary Measures  
  
 
PROPOSED WORKING DEFINITION ON  SPS-RELATED PRIV ATE STANDARDS 
 
Note by the Secretariat
1 
 
 
BACKGROUND 
 
1. The SPS Committee has been discussing the issu e of SPS-related private standards since 
June 2005, when Saint Vincent and the Grenadin es raised a specific tr ade concern regarding 
EurepGAP (now called GLOBALGAP) requirements for bananas destined for sale in the United 
Kingdom.2  Since then, private standards have been  discussed regularly at SPS Committee meetings. 
2. The SPS Committee decided in October 2008 to  request an ad hoc working group to 
undertake a three-step study, and present a report pr oposing concrete actions for consideration by the 
Committee at the end of this process.3  The ad hoc working group on SPS-related private standards 
completed its work on identifying "Possible Actions for the SPS Committee Regarding SPS-Related Private Standards", and presented its report to the SPS Committee.
4   
3. At its March 2011 meeting, the Committee adopted five of the six actions put forward by the 
working group (G/SPS/55). 
4. At the October 2011 SPS Committee meeting, the Chairman invited Members to submit 
specific proposals on a working definition of SPS-related private standards (Action 1) by 13 January 2012.  Members were also invited to: (i) comment on the proposed definitions received; 
and (ii) submit proposals on the implementation of Actions 2 to 5, by 10 February 2012. 
I. PROPOSED WORKING DEFINITION 
 
5. On the basis of proposals and comments recei ved, the following working definition of SPS-
related private standards is presented for cons ideration by the Committee at its meeting in 
March 2012: 
 
"SPS-related private standards are [voluntar y] requirements which are [formulated, 
applied, certified and controlled] [establis hed and/or adopted and applied] by non-
governmental entities [related to] [to fulfill ] one of the four objectives stated in 
Annex A, paragraph 1 of the SPS Agreement and which may [directly or indirectly] 
affect international trade.  These four objectives are: 
 
                                                      
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. 
2G/SPS/R/37/Rev.1, paras. 16-20;  G/SPS/GEN/766;  STC No. 219. 
3 See paras. 4-7 of G/SPS/W/230 and paras. 122-137 of G/SPS/R/53. 
4 G/SPS/W/256. G/SPS/W/265 
Page 2  
 
  (a) to protect animal or plant life or health within the territory of the Member from risks 
arising from the entry, establishment or sp read of pests, diseases, disease-carrying 
organisms or disease-causing organisms; 
(b) to protect human or animal life or health  within the territory of the Member from 
risks arising from additives, contaminants, toxins or disease-causing organisms in 
foods, beverages or feedstuffs; 
(c) to protect human life or health within the territory of the Member from risks arising 
from diseases carried by animals, plants or  products thereof, or from the entry, 
establishment or spread of pests;  and 
(d) to prevent or limit other damage within th e territory of the Member from the entry, 
establishment or spread of pests." 
II. ADDITIONAL ELEMENTS TO CONSIDER 
6. SPS-related private standards include techni cal regulations, guidelines and recommendations. 
7. To assess whether an SPS-related private standard may affect international trade, the Member 
concerned should consider relevant available inform ation such as:  the value or other importance of 
imports to the importing and/or  exporting Members concerned,  whether from other Members 
individually or collectively;  the potential devel opment of such imports;  and difficulties for producers 
in other Members, particularly in developing co untry Members, to comply with the proposed SPS-
related private standard.  The concept of a signifi cant effect on trade of other Members should include 
both import-enhancing and import-reducing effects on the trade of other Members, as long as such 
effects are significant.
5 
8. SPS-related private standards can be developed by non-governmental entities themselves, or 
may be derived from existing private, official or  international standards, and are applied for non-
governmental entities' commercial objectives as part  of a private, commercial and contractual 
relationship, and to address marketplace demands, including consumer preferences.  SPS-related 
private standards are not developed, endorsed or promulgated by the Codex Alimentarius Commission 
(Codex), the International Plant Protection C onvention (IPPC) and the World Organization for 
Animal Health (OIE), or other re levant international organizations. 
9. A non-governmental entity is any entity that does not possess, exercise, or is not vested with 
governmental authority.  Non-governmental entities are private entities, including sector bodies, companies, industrial organizations and enterprises. 
10. Official SPS measures implemented by a Memb er (including SPS measures implemented by 
governments other than the national government, or by non-governmental entities on behalf of a 
Member) are not SPS-related private standards. 
11. Where an SPS-related private standard beco mes an official SPS measure, it is no longer 
considered to be an SPS-related private standard.  
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5 See G/SPS/7/Rev.3, para. 10.