. /.   WORLD TRADE  
ORGANIZATION  G/SPS/W/183 
31 January 2006 
 
 (06-0414) 
Committee on Sanitary 
and Phytosanitary Measures Original:   Spanish 
 
 
 
SECOND REVIEW OF THE OPER ATION AND IMPLEMENTATION 
OF THE AGREEMENT ON THE APPLICATION OF 
SANITARY AND PHYTOSANITARY MEASURES 
 
Discussion Proposal for the More Effective Implementation of the Ad Hoc  Consultations  
Mechanism within the Framework of Article 12.2 of the SPS Agreement  
 
Communication from Costa Rica 
  
 The following communication, received on 30 January 2006, is being circulated at the request of the delegation of Costa Rica.  
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1. Article 12.2 of the Agreement on the Applica tion of Sanitary and Phytosanitary Measures 
(SPS Agreement) provides that it is the duty of  the Committee on Sanitary and Phytosanitary 
Measures to encourage and facilitate discussion amo ng Members on trade concerns regarding specific 
sanitary or phytosanitary issues and to request the good offices of the Committee Chairperson.  
Mechanisms of this type provide the opportunity to  facilitate the resolution of trade concerns in an 
expeditious manner, at a low cost and with imp lications different from those of the procedures 
provided for in the WTO Dispute Settlement Unders tanding (DSU).  Consequently, Costa Rica thinks 
that this Committee should explore options which would facilitate the wide r and more effective 
implementation of these mechanisms. 
2. The use of these mechanisms is limited owing to the lack of procedures and time-frames that 
would ensure the expeditious resolution of such concerns.  The Committee should discuss whether it 
would be appropriate or feasible to establish mo re detailed procedures for using the good offices of 
the Chairperson, as well as for the discussion of specific trade concerns. 
3. The issues to be addressed should include: 
 (a) The usefulness of establishing time-fram es for responding to the trade concerns 
submitted by Members to the Committee, a nd mechanisms to inform other Members 
of the results of the steps taken.  Members could thus be more certain that their concerns will be addressed within a determin ed period of time, and this would act as 
an incentive for using the mechanism. 
 
 (b) The possibility of establishing guidelines with definite time-frames and more detailed 
procedures for resorting to the good offices of the Committee Chairperson.  To date, the good offices of the Chairperson have been requested on only three occasions.
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  Costa Rica believes that the establishment of more detailed procedures could possibly 
encourage the greater use of this mechanism. 
  (c) Mechanisms which facilitate the more active participation in the Committee of 
developing and least developed Member count ries, so as to increa se their capacity to 
identify and resolve their trade concerns through Article 12.2 of the SPS Agreement. 
 4. The use of these mechanisms does not imply th at the mechanisms established in the DSU 
should be abandoned.  The cons ultations and good offices provide d for in Article 12.2 of the 
SPS Agreement must continue to be additional remedi es that are available to Members to help them 
find solutions that enable their rights and obligations to be preserved and respected. 
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