. /.  WORLD TRADE  
ORGANIZATION   
G/SPS/W/267 
3 July 2012 
 (12-3547) 
Committee on Sanitary and Phytosanitary Measures Original:   English 
   
INTERNATIONAL STANDARD-SETTING BODIES INVOLVEMENT IN THE  
WTO SPS COMMITTEE IN SPE CIFIC TRADE CONCERNS 
 
Proposal by Chile and the United States 
  
 The following communication, received on 29 June 2012, is being circulated at the request of 
the Delegations of Chile and the United States. 
 
_______________ 
 
 1. The World Trade Organization's (WTO) Agreem ent on the Application of Sanitary and 
Phytosanitary Measures ("the SPS Agreement") em phasizes to Members a series of important 
principles such as harmonization, equivalence, risk  assessment and regionalization.  The Agreement 
also recognizes the important role of three intern ational standard setting bodies (ISSBs), the Codex 
Alimentarius Commission, the World Organization fo r Animal Health and the International Plant 
Protection Convention. 
2. Under the Agreement, Members are encouraged  to harmonize their SPS measures whenever 
possible with the standards, guidelines and recommendations adopted by the ISSBs. 
3. Members also have the right under the SPS Ag reement to take measures that establish a 
higher level of protection to protect human, animal and plant health than an international standard,  
guideline or recommendation, provided that these measu res are based on an assessment of the risk and 
take into account risk assessment techniques develope d by the relevant international organizations. 
4. The ISSBs, play an important role in helpi ng Members ensure that their measures are science-
based, protect health and facilitate trade.  
5. Given that there are occasions when discrepanc ies occur between Members with regards to a 
specific SPS measure, we encourage all Members to consult with the IS SBs for assistance in the 
application of international standards, guide lines, and recommendations whenever possible. 
6. Our Committee has actively sought assistance  from the ISSBs on principles such as 
regionalization, equivalence, assessment of risk, a nd harmonization.  Their input has also been very 
helpful to assist Members in meeting the aims of  the SPS Agreement and to reconcile differences 
between and amongst Members.   
7. In terms of risk assessment, while no guidelin es have been developed by the SPS Committee, 
there are international standards developed by the th ree ISSBs in the field of risk analysis in their 
respective areas of expertise.   
8. We encourage all Members to refer to these guidelines in developing their own risk analysis 
processes for their SPS measures.  Further, we encourage Members to actively support the ISSBs and G/SPS/W/267 
Page 2  
 
  encourage the ISSBs to add advice and counsel when specific trade concerns arise regarding their own 
standard guideline or recommendations. 
9. We believe that the ISSBs have a strong role to play in helping us to address longstanding 
trade concerns.  For example, wh en any discrepancies arise between Members, the ISSBs have often 
offered to help Members address such concerns  through their alternative dispute resolution 
mechanisms as long as all Members understand that th e opinion of the international organization in 
this instance is not binding. 
10. To reinforce the ISSB's important role in the r esolution of specific trade concerns, the      
Committee should encourage Members to seek the ISSB's  counsel on specific standards, provided that 
the ISSB concerned is able and agrees to perform th e requested study.  The ISSB should be asked to 
provide advice regarding its own standards, guidelines or recommendations. 
11. All Members must have the same possibility to request a study by an ISSB of another 
Member's application of a measure based on international standards. 
12. If one Member requests a study by an ISSB of another Member's application of the standards 
that serve as the basis for the measure, they should  notify the other Member in advance of the request 
to the ISSB.  Members are encouraged to work  together on these reviews whenever possible. 
13. Members are encouraged to notify the Committee of their request prior to commencement of 
a study by the ISSB. 
14. Once the review process has been completed, the ISSBs are encouraged to share guidance 
related to the request with the Committee provide d the Members involved have given their consent 
and confidential information is protected. 
__________