WORLD TRADE  
ORGANIZATION  G/SPS/GEN/905 
19 February 2009 
 (09-0898) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English/ 
 French/  Spanish 
 
  
44
TH MEETING OF THE SPS COMMITTEE 
 
Communication from the World Organization for Animal Health (OIE)  
 
  The following communication, received on 16 Fe bruary 2009, is being circulated at the 
request of the World Organization for Animal Health (OIE).  
_______________ 
 
1. The key topics covered in this update are:  a new OIE advisory document on the rights and 
obligations of OIE Members with regard to inte rnational trade and trade disputes;  work on OIE 
standards for bovine spongiform encephalopathy, fo ot and mouth disease and avian influenza, and a 
progress report on key OIE capacity building activities. 
I. THE RIGHTS AND OBLIGATIONS OF OIE MEMBERS WITH REGARD TO 
INTERNATIONAL TRADE AND TRADE DISPUTES 
2. The OIE has prepared a guide to the rights and obligations of OIE Members with regard to 
international trade and trade disputes. 
3. In this advisory document, the OIE explains  the obligations of its Members in conducting 
international trade and the inform al OIE mechanism for mediating trade disputes between Members.  
The OIE mediation procedures are different and independent from the World Trade Organization 
(WTO) procedures for dealing with trade disput es.  The WTO provides formal and informal 
approaches to solve trade disputes arising in relation to its Agreements.  The OIE's informal procedure 
provides for OIE Members, on a voluntary basis, to  seek to resolve their differences by using an 
approach that is based on science and on the applica tion of the OIE's standards for safe international 
trade in animals and animal products. 
4. A copy of the guide may be found in Annex 1. 
II. DEVELOPMENTS IN OIE STANDARD SETTING WORK 
5. The Terrestrial Animal Health Standards Commission (the Code Commission) met in 
October 2008 to consider OIE Member comments on texts presented at the 76
th OIE General Session, 
which took place in May 2008.  In the light of these comments and input from other specialized OIE 
Commissions, the Code Commission proposed several am endments to standards.  The modifications 
proposed to the standards for three diseases of key impor tance to international trade are set out below.  
The Code Commission will review Member commen ts on these proposals at its next meeting (3-
6 March 2009) and will propose revised texts for Memb ers' consideration and possible approval at the 
77th General Assembly, 25-29 May 2009. G/SPS/GEN/905 
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  A. B
OVINE SPONGIFORM ENCEPHALOPATHY (BSE) 
6. The Code Commission proposed to extend the cu rrent standard, which provides that de-boned 
skeletal muscle meat from cattle less than 30 month of age is considered as sa fe.  If this change is 
accepted, such meat would be considered as safe regardless of the age of cattle from which it is 
obtained.  The Code Commission emphasized that th e removal and avoidance of contamination with 
specified risk materials (SRM) are paramount to manage human and animal health risks.  The Code 
Commission also proposed to remove the words "p rotein-free" from the description of tallow as a safe 
commodity, but to maintain the current provisi on that such tallow contain no more than 0.15% 
insoluble impurities by weight.  The Code Commission proposed to modify the article on gelatine derived from bone to avoid unnecessary restrictions and take account of current scientific knowledge 
of the risks associated with this product. 
B. F
OOT AND MOUTH DISEASE (FMD) 
7. The Code Commission proposed to delete the te rm "buffer zone" and to introduce a clearer 
description for the term "protection zone", whic h is a zone implemented at the interface of 
countries/territories/zones having different FM D status.  Appropriate measures should be 
implemented in the protection zone to prevent the spread of FMD. 
C. AVIAN INFLUENZA (AI) 
8. The Code Commission proposed a new article on feather meal and undertook to develop 
recommendations on the safety of trade in processed  pet food with respect to avian influenza. 
III. PROGRESS REPORT ON THE OIE'S KEY CAPACITY BUILDING ACTIVITIES 
A. LABORATORY TWINNING PROGRAM  
9. The OIE laboratory twinning program is about su stainable capacity building.  The programme 
establishes and supports direct sustainable links be tween OIE Reference Laboratories or Collaborating 
Centres and Candidate establishments  in developing or transition countries.  The aim is to develop 
expertise and capacity in these Candidate estab lishments, through an exchange of knowledge and 
skills, to allow them to provide support to their region or sub-region.  Each project focuses on a 
specific disease or topic that is a priority for the recipient region.  The ultimate aim is for the 
Candidate establishment to become an OIE Referen ce Laboratory or Collaborating Centre in its own 
right for that specified disease or topic. 
10. Eleven projects are being implemented, four proposals are in the process of being approved 
and there are currently expressions of interest for a further six projects. 
11. To facilitate applications and the manageme nt of Twinning Projects, OIE has published a 
Guide and a contract template.  The Guide was distributed at the 76th OIE General Session in Paris in 
May 2008 and the most recent version is available at: http://www.oie.int/downld/LABREF/A_Guide.pdf
 
B. OIE  PVS  EVALUATIONS  
12. The PVS evaluation is regarded as the "diagnostic  step", with the main outputs comprising the 
description of levels of advancement for each of the 40 critical competencies related to a national 
animal health system (Veterinary Services).  Th e critical competencies are designed in compliance 
with OIE standards on the quality of Veterinary Services, as democratically adopted by 172 national 
representatives of OIE Members.  PVS evaluations are conducted by OIE trained and accredited  G/SPS/GEN/905 
 Page 3 
 
 
  experts.  The reports are based on referenced evidence and factual qualitative information, not on 
assumptions, and all reports are peer-reviewed. 
13. The current status of the implementation of OI E PVS evaluations is summarized in Annex 2. 
C. GAP ANALYSIS  
14. After the diagnostic step (i.e. the initial PV S evaluation, which corresponds to a qualitative 
assessment), the OIE may at the request of th e Member country/territory conduct a PVS Gap 
Analysis, which involves the identification of ma in priorities for the country, depending on the 
national economic and political context (e.g. disease er adication, control of zoonoses, export trade, 
food security);  the pre-evaluation of specific objectives and the decision on the desired level of advancement for each critical competency th e country considers to be of priority. 
15. In a programme that is currently under developm ent, as a first step the OIE is working with 
selected experts, partners and, when appropria te, potential donors on a quantitative assessment of 
needs.  The difficulty lies in id entifying the specific activities, tasks and resources required to address 
the specific priorities identified with the country, on the basis of the outcome of the country PVS 
Evaluation.  This will be the subject of the "PVS  Gap Analysis" program, i.e. to specify the actual 
needs of the countries, on a case-by-case basis, to meet OIE international standards for quality of 
Veterinary Services and relevant conditions to gain better market access using the OIE PVS Tool. 
16. This analysis will be used by the countries, in  collaboration with the OIE, partners such as 
FAO and when appropriate, potential donors, in th e preparation and pre-evaluation of investment 
programs aimed at reaching the desired level of  improvement and directly linked to the OIE 
international quality standards for Veterinary Serv ices.  Partners and potential donors will use these 
recommendations, specific to the countries concerne d and based on international standards, using 
their own instruments and procedures to achieve the desired improvements. 
17. In addition to country PVS Gap Analysis, the OIE may also provide complementary 
assistance by:  (i) sharing models of appropriate veterinary legislation;  (ii) conducting specific 
missions aimed at the improvement of national legisl ation;  (iii) helping to develop North-South or 
South-South laboratory twinning pro posals;  (iv) OIE global or regional Vaccine Bank support;  
(v) regional/national training programmes for National Delegates, focal points and key stakeholders;  
and (vi) independent PVS follow-up missions to eval uate developments in compliance with standards 
and recommendations. 
D. S
TRENGTHENING VETERINARY LEGISLATION  
18. Veterinary legislation is an essential element of the national infrastructure that enables 
Veterinary Authorities to carry out their key func tions, including surveillance, early detection and 
control of animal diseases and zoonoses, animal production food safety and certification of animals 
and animal products for export.  In the face of  increasing global trade, climate change and the 
emergence and reemergence of diseases that can ra pidly spread across international borders, the 
Veterinary Services must be effectively supported by legislation to meet the OIE criteria for 
performance of essential functions.  The OIE is currently  preparing text for inclusion in the Terrestrial 
Animal Health Code on the key elements to  be addressed in veterinary legislation. 
19. The OIE is aware that in many developing coun tries veterinary legislation is outdated and 
inadequate to address the challenges of today and of th e future.  At the request of Members, the OIE is 
developing guidelines on the essential elements to be covered in veterinary le gislation.  Any Member 
that has participated in an OIE PVS Evaluation may request a follow-up mission dedicated to the 
provision of advice and assistance in modernizing the national veterinary legislation.  Five OIE G/SPS/GEN/905 
Page 4  
 
  missions on veterinary legislation have already been  conducted at the request of Members and at least 
three more are expected to take place during the first six months of 2009. 
 
_______________ 
  G/SPS/GEN/905 
 Page 5 
 
 
  ANNEX 1 
 
INTERNATIONAL TRADE:  RIGHTS AND OBLIGATIONS OF OIE MEMBERS 
  
I. INTRODUCTION 
1. This document is a guide to the rights and ob ligations of OIE Members with regard to 
international trade and trade disputes. 
2. In part one, the OIE explains its informal me diation procedure for resolving trade disputes 
between Members.  The OIE informal mediation pr ocedure is different a nd independent from the 
World Trade Organization (WTO) procedures for resolving trade disputes.  The WTO provides 
formal and informal approaches to solve trade dis putes arising in relation to its Agreements.  The 
OIE's informal procedure provides for OIE Members,  on a voluntary basis, to seek to resolve their 
differences by using an approach that is ba sed on science and on the OIE's standards for safe 
international trade in animals and animal products. 
3. The revised OIE informal mediation procedure may be found in Annex A. 
4. In part two the OIE presents the rights and the obligations of Members with reference to the 
conduct of international trade.  Members should base their import measures on the OIE standards.  
This approach provides for safe trade, the avoi dance of unjustified trade barriers and a strong 
presumption of compliance with the WTO Agre ement on the Application of Sanitary and 
Phytosanitary Measures (the SPS Agreement).  The re levant OIE standards are contained in the OIE 
Terrestrial Animal Health Code  and Aquatic Animal Health Code , for terrestrial animals and aquatic 
animals respectively, and in the respective publications on Diagnostic Tests and Vaccines .  Members 
should refer to these normative publications when making decisions on the management of risks associated with international trad e in animals and animal products. 
5. This paper primarily references terrestrial animals and the Terrestrial  Code .  However, 
Members should follow the same principles in regard  to trade in aquatic animals and their products, 
based on the standards set out in the Aquatic Code . 
Part 1 - Dispute mediation procedure 
1.1. Introduction 
 
Mediation is an informal procedure for reso lving disagreements whereby a third party (a 
mediator) meets with parties to help them to r esolve disagreements.  The task of the mediator 
is to gain an understanding of the positions of the parties and to give advice and propose 
solutions to the disagreement.  The mediator must  be neutral and independent of the parties to 
the dispute.  The use of this mechanism can  help to minimise disagreements and promote 
effective trading relationships. 
1.2. The WTO Framework 
 
The WTO framework provides both formal and informal dispute settlement procedures. 
 WTO Members can raise SPS-related trade concerns with regard to other Members for discussion at meetings of the SPS Committee.  This often concerns a situation where an 
importing country is thought not to have complie d with a relevant international standard or 
not to have based an import measure on scientific evidence or, as appropriate, a risk G/SPS/GEN/905 
Page 6  
 
  assessment. Raising concerns in the SPS Committe e often triggers bilateral discussions and 
may be helpful in resolving a specific trade probl em.  However, if this step proves insufficient 
to resolve the matter, the parties may jointly request Good Offices by the Chair of the SPS 
Committee.  By resorting to this pathway, WT O Members may arrive at a mutually agreed 
solution to their SPS-related trade problems a nd avoid initiating a formal dispute under the 
WTO Dispute Settlement Mechanism. 
 The WTO Dispute Settlement Mechanism covers, inter alia , matters relating to the 
application of SPS measures subject to the disciplines of the SPS Agreement.  This 
mechanism is based on the WTO Understandi ng on Rules and Procedures Governing the 
Settlement of Disputes (DSU), which is c onducted under the auspices of the WTO Dispute 
Settlement Body (DSB).  Every WTO Member is represented with equal decision-making status in the DSB. 
 
The WTO Dispute Settlement Mechanism is comprised of two main phases, a panel 
examination and, if requested, an Appellate  Body review.  The process begins with a 
compulsory preliminary stage, wherein the pa rties to the dispute must participate in a 
consultation process to address the form and cont ent of the disagreement and to try to find a 
mutually agreed solution.  A minimum of 60 da ys is available for this formal bilateral 
process.  After 60 days, a WTO Member can request that a panel be established by the DSB to examine both factual matters and issues relati ng to legal interpretation.  The members of 
the panel are usually three well-qualified expe rts acting in their own capacities and who are 
normally chosen in consultation with the countries in dispute.  The report issued by the Panel can be appealed by one or both parties, in which case it will be reviewed by the Appellate 
Body.  The Appellate Body limits its review to  issues of law and legal interpretation.  The 
Panel report, or the Appellate Body report in  case of appeal, is submitted for adoption by the 
entire WTO membership through the DSB.  Th e DSB will adopt the final report unless there 
is a consensus among all WTO Members to reject, a procedure known as a negative 
consensus.  At any time during the process, the parties may resort to the Good Offices of the 
WTO Director-General, conciliation or arbitration to try to solve the dispute. 
 
The WTO Dispute Settlement Mech anism is vital for enforcing the trade rules and therefore 
for ensuring that trade flows smoothly.  Th e DSB oversees the implementation of the legal 
rulings.  In the (rare) cases of non-compliance with a DSB decision, a WTO Member may be 
allowed to impose commercial sanctions agains t the violating member.  This mechanism 
underscores the rule of law, and it makes the tr ading system more secure and predictable.  
One recognized downside to this mechanism are the costs incurred to the parties in a dispute, 
since they normally require extensive involveme nt of well-qualified lawyers, specialized in 
trade law, as well as individuals with the necessa ry technical/scientific expertise, to defend a 
Member's position.  To date, thanks to its worldwide experts' netw ork, the OIE has provided technical assistance 
and information on scientific matters to panels  in every dispute taken to the WTO involving 
animal health issues. 
1.3. The OIE Framework 
 
The OIE has established a voluntary, science base d approach to support resolving differences 
between Members.  The OIE procedure does not aim to find fault.  Rather, the goal is to find 
a mutually agreed compromise that will allow trade to be established (or re-established), 
preferably on the basis of compliance with OIE standards.  The OIE mechanism is technically 
based and cost effective.  However, any solution proposed is not legally binding on OIE 
Members.  G/SPS/GEN/905 
 Page 7 
 
 
   
The OIE mediation mechanism has been the s ubject of discussion within the SPS Committee 
(see SPS Committee paper G/SPS/GEN/437) and the 4th OIE Strategic Plan 2006-2010 calls 
for further development of this mechanism.  
The OIE mechanism for mediati on comprises the following steps. 
 
Initiation of the procedure 
 
The OIE publishes scientific and technical st andards with which Members should comply. 
When a Member considers that a trading partner has not complied with these provisions, or 
that its import policies are not based on science or , as appropriate, a risk analysis, the OIE can 
be asked to conduct an informal mediation process.   This must be requested by both parties to 
the disagreement.  OIE mediation cannot be initia ted on a unilateral basis.  In response to a 
request from parties to a disagreement, the OIE Director General designates one or more 
experts to conduct the mediation. 
 By initiating the OIE mechanism, Members cr eate an environment conducive to friendly 
bilateral discussions, with the objective of finding a basis for compromise.  The OIE contribution is to help identify approaches to re solve differences in Members' interpretation of 
the scientific issues and in the application of OIE standards. 
 
A cooperative process 
 
The consent of both parties is fundamental to the OIE mediation procedure. The process is 
voluntary and reports of all discussions remain entirely confidential unless both parties agree 
to release them. 
 The OIE only begins the process once all par ties have given their consent in writing. 
 The designation of experts likewise requires the consent of both parties.  
Confidentiality is maintained  throughout the process. 
 The proposed means of resolving the disagreement are not binding on the parties, unless both have previously agreed to be bound by the a dopted solution. The outcome of the mediation 
may only be divulged with the consent of all parties. 
 
The OIE mediation process may be terminated at any time, based on a written notification 
from one of the parties.  
The designation of experts 
 
Following initiation of the OIE mediation proce dure, the Director General (DG) of the OIE 
recommends a number of experts, usually from  OIE Reference Laboratories or Collaborating 
Centres.  The parties to the disagreement th en mutually agree on the list of experts. 
 The experts must be neutral, independent and impart ial.  It is desirable that they are not of the 
same nationality as the parties to the disagreem ent and it is preferable to designate an odd 
number of experts to aid in reaching a majority recommendation.  G/SPS/GEN/905 
Page 8  
 
  The designated experts endeavour to find a consensus solution based on scientific 
considerations and relevant OIE standards.  To  assist them in their task, the experts may ask 
the parties for additional information or data  and/or ask for data to be clarified. 
 
Conduct of the mediation procedure 
 To achieve a successful outcome, the parti es must cooperate and act in good faith. 
 To commence, each party explains its position, th e facts that have led to the dispute and the 
consequences of it.  In collaboration with the parties, the experts identify the scope of the 
discussions and draw up terms of reference and a work programme.  A timetable and a 
schedule of meetings and their agendas are deve loped.  These documents must be endorsed by 
both parties before discussions on the case can begin.  The parties may nominate additional ex perts to help them present their case. 
 
The experts may hold joint or separate meetings with the parties.  
Developing a consensus 
 
The OIE mediation mechanism provides a basis for a technically sound compromise acceptable to both parties.  The parties, with th e help of the designated experts, focus on the 
scientific and technical reasons for their differe nces rather than on legal aspects (which may 
be subjective, depending on the viewpoint and le gal/administrative systems of each party).  
The search for a compromise is facilitated by referring to the OIE standards, which also provide the "legal" context for the mechanism. 
 
If, at the end of the mediation procedure, it h as not been possible to find a mutually agreed 
solution parties may still benefit from the work undertaken.  Participation in the process can 
help to reduce the differences between the pa rties and normally gives each party a better 
understanding of the other's positions and concer ns.  The results of the mediation process can 
trigger subsequent discussions, which may assist in resolving the difference. 
 
Conclusion of the mediation procedure 
 
The experts draft a report on the OIE mediation procedure, detailing the discussions and 
recommendations and the status of the disagreemen t between parties at the end of the process. 
 
The report is drafted in one of the three official languages of the OIE.  Part one of the report summarises the scientific and technical aspects of the discussion while Part two presents the 
findings and recommendations of the experts.  Any dissenting views are explained in the 
report.  
The report is handled in a totally confidential manner. 
 The draft report is provided to the OIE Director General, who transmits it to the parties.  The 
report is not legally binding (unless this had been  confirmed by the parties at the outset).  The 
parties decide how they will address the recommendations in the report. 
 
Confidentiality 
 
All discussions, including the final report, are c onfidential unless the parties decide otherwise. 
  G/SPS/GEN/905 
 Page 9 
 
 
  All those associated with the procedure, incl uding the parties, their representatives and the 
experts, must respect confidentiality.  Howeve r, the findings may be cited in a formal WTO 
dispute case if one of the parties decides to do so.  
Administrative procedures 
 At the first meeting, the parties and the OI E agree upon the administrative procedures for the 
dispute mediation, including:  
o the language(s) for the mediation; opting for more than one language means that 
interpreters and translators may be needed; 
 o where the mediation procedure will take place;  this is normally but not essentially at the 
OIE headquarters in Paris; 
 
o the cost of the process. Article 5.3.8. of the Terrestrial  Code  (2008) states that the parties 
shall agree to meet all expenses incurred by the OIE during the procedure.  In accordance 
with established OIE procedures, the experts assisting the mediation will not receive an 
honorarium.  They will however be compensated for the cost of their intervention (travel 
and per diem) by the OIE.  The parties must pay a fixed fee in order to defray the costs assumed by the OIE. This fee will increase in 2009 to 8000 euros. 
Part 2 - The rights and obligations of OIE Members  2.1. Introduction 
 
The adoption, in 1995, of the WTO SPS Agreement provided the legal framework for 
international trade that applies to WTO Memb ers today.  In the Preamble to the SPS 
Agreement it is stated "that it is desirable to further the use of harmonized sanitary (…) 
measures between Members, on the basis of international standards, guidelines and recommendations developed by the relevant in ternational organizations, including (…) the 
International Office of Epizootics".  The SPS Ag reement further refers to and recognises the 
OIE standards in its Article 3 on Harmonization, and in Annex A, paragraph 3(b).  Thus, the 
SPS Agreement recognizes the OIE as the releva nt standard-setting body for SPS measures 
relating to animal health and zoonoses. 
 The relevant recommendations are cont ained in particular in the OIE Terrestrial Code  and 
Aquatic Code , for terrestrial animals and aquatic animals respectively, and in the OIE 
Manuals of Diagnostic Tests and Vaccines . 
 
The WTO recognises that each Member has the sove reign right to set its appropriate level of 
protection when applying sanitary measures for international trade as long as they comply with the provisions established in the SPS Agreem ent.  In the OIE context, the term "sanitary 
measure" means "a measure, such as those described in various Chapters of the Terrestrial 
Code , destined to protect animal or human hea lth or life within the territory of the OIE 
Member from risks arising from the entry,  establishment or spread of a hazard".
1 
 OIE Members who are WTO Members may comp ly with their obligations under the SPS 
Agreement either by basing their measures on re levant OIE international standards, or by 
carrying out a scientific risk analysis as outlined in Section 2 of the Terrestrial  Code  (2008). 
 
                                                     
 
1 http://www.oie.int/eng/normes/mcode/e n_glossaire.htm#sous-chapitre-2  G/SPS/GEN/905 
Page 10  
 
  The standards and recommendations contained in the Code  are designed to facilitate and 
promote international trade.  The OIE Code  is a reference document for use by veterinary 
authorities, those responsible for making decisions on the import and export of animals and their products, and all those i nvolved in international trade.
2  The application by Members of 
the OIE standards is the best means of avoiding disagreement and other problems in 
international trade. 
 
2.2. The procedure for developing  OIE standards and recommendations 
 
The aim of the Code  is, inter alia , to ensure the sanitary safet y of international trade in 
terrestrial animals and their products by detaili ng science based health me asures to be used by 
the veterinary authorities of the importing and e xporting countries to avoid the transfer of 
agents pathogenic for animals or humans, while avoiding unjustified sanitary barriers.3 
 The Terrestrial  Code  is prepared by the Terrestrial Animal Health Standards Commission and 
the Aquatic Code  is produced by the Aquatic Animal Health Standards Commission.  These 
Specialist Commissions work closely with othe r relevant international organisations and non-
governmental organisations, and with the Nationa l Delegates of OIE Members.  Members of 
the Commission are elected by the General Assembly of national Delegates of OIE Members.  Draft standards and recommendations are circulated to Delegates at least twice for comment before being proposed for adoption by the OIE International Committee, comprising all 
National Delegates.  The transparent and demo cratic procedures followed by the OIE provide 
a basis for consensus and support implementation of the standards by OIE Members.  
2.3. Obligations of importing countries 
 Importing countries should consider the exporting c ountry's sanitary status, as relevant to the 
animals or animal products that are to be trad ed. Relevant data are contained in the WAHID 
database, which is accessible on the OIE Web site.
4  WAHID contains much useful 
information, including in the six monthly reports describing the status of each country with regard to OIE-listed diseases and in other useful information provided by Members.  It is useful for Members to compare the sanitary situation between the importing country and the 
exporting country, based on data in the most recent six monthly reports. 
 As established in the WTO SPS Agreement, an importing country has the right to choose its 
appropriate level of protection for animal h ealth, plant protection and food safety matters. 
 
As stated in the Code , import conditions must take account of the animal health situation of 
both the importing country and the exporting co untry, as relevant to the animals/animal 
products to be traded.  The importing country should not impose measures  in relation to diseases or pathogens that 
are not listed by the OIE, unless the disease or  pathogen has been identified as presenting a 
significant risk on the basis of an import risk analysis conducted according to Section 2 of the 
Terrestrial  Code  
5 (2008). 
 The importing country should not impose sanitary  measures for diseases or pathogens that 
occur in the importing country and are not the su bject of official controls.  Where official 
                                                     
 
2 http://www.oie.int/eng/normes/en_mcode.htm  
3 http://www.oie.int/eng/normes/en_mcode.htm  
4 http://www.oie.int/wahid-prod/public.php?page=home  
5 http://www.oie.int/eng/normes/mcode/en_titre_1.2.htm   G/SPS/GEN/905 
 Page 11 
 
 
  controls are implemented, the measures applie d to imported animals/animal products should 
not be more restrictive than those applied nati onally to similar animals/animal products under 
the official control programme.  Importing countries should publish a list of their border posts for imported animals and 
animal products.  This helps to promote intern ational trade since it provides information that 
helps exporting countries to make arrangements  for importation to take place effectively and 
efficiently.  
2.4. Obligations of exporting countries 
 
Exporting countries should provide the following sanitary information, as listed in 
Article 5.1.3. of the Terrestrial  Code  (2008)
6, at the request of the importing country: 
 
o the animal health situation and the natio nal animal health information systems; 
 
o the occurrence of notifiable diseases; 
 o the ability to apply measures to control and prevent the relevant OIE-listed diseases
7; 
 o the structure of the Veterinary Services and the authority which they exercise; 
 
o technical information, particularly on biologi cal tests and vaccines applied in all or part 
of the national territory. 
 
For trade in animals and some animal products, it is usual for an official veterinarian (or a 
private veterinarian holding an appropriate o fficial delegation) to inspect the consignment 
prior to export.  The veterinarian issues a veterinary health certificate
8 according to the 
arrangements agreed between the Veterinary  Authorities of the exporting and importing 
country, preferably using the models published in the OIE Code.  At the request of the importing country, the exporting country should supply information on 
the exported animals or animal products, including: 
 
o the estimated date of entry of the consignment into the territory of the importing country; 
 o the animal species involved; 
 
o the quantity; 
 o the means of transport;  and 
 o the border post in the importing country where the consignment will arrive. 
 
                                                     
 
6 http://www.oie.int/eng/normes/mcode/en_chapitre_1.5.1.htm  
7 List of transmissible diseases approved by the OIE International Committee and listed in Chapter 1.2. 
of the Code . 
8 http://www.oie.int/eng/normes/mcode/en_chapitre_1.5.1.htm  and 
http://www.oie.int/eng/normes/mcode/en_chapitre_1.5.2.htm  G/SPS/GEN/905 
Page 12  
 
  Veterinary Authorities of exporting countries should
9: 
 o have official procedures for authorisation of certifying veterinarians; 
 o ensure that relevant instructions and traini ng are provided to certifying veterinarians;  and 
 
o monitor the activities of certifying veterinarian s to verify their integrity and impartiality. 
 
Exchange of this information helps to assure safe international trade. 
 
2.5. The use of the OIE PVS Tool as a mech anism to support safe international trade 
 
The performance of Veterinary Services (VS) is an important element assuring safe 
international trade.  Not only must the VS be  capable of promptly and efficiently detecting 
and managing OIE listed diseases, including th ose that present food safety and other public 
health risks, they must also provide effec tive sanitary guarantees via the veterinary health 
certificate.  The maintenance of confidence be tween trading partners relies on consistent 
performance in these, and other, aspects.  The quality of VS is addressed in Section 3 of the Terrestrial  Code  (2008). 
 
With this in mind, the OIE has developed a Tool for Evaluation of the Performance of the 
Veterinary Services (the PVS Tool).  The legal basis for the PVS Tool is found in Chapters 
3.1. and 3.2. of the Terrestrial  Code . 
 The OIE PVS Tool may be used to evaluate th e quality of VS, to assess their compliance with 
OIE international standards on quality and, if needed, to establish priorities for investment 
and strengthening of their infrastructure.
10 
 OIE Members have strongly supported the PVS ev aluation procedure and this mechanism has 
been very successful at global level to date. 
 2.6. The use of equivalence as a mechanism to facilitate safe trade  
The concept of "equivalence" as applied to san itary measures refers to the acceptance by an 
importing country that the measure(s) proposed by an exporting country achieves the appropriate level of protection required by the importing country, even though the measures 
may be different to those applied by the importing country.
11 
 Equivalence is referred in Article 4 of the SPS Agreement.
12  In addition, the SPS Committee 
has adopted a Decision on the Implementation of Article 4 of the Agreement on the Application of SPS Measures (Equivalence) (see SPS Committee paper G/SPS/19/Rev.2).  The OIE has issued relevant standards, wh ich Members should take into account when 
making decisions on trade measures.  The OIE standards on equivalence may be found in 
Chapter 5.3. of the Terrestrial  Code  (2008). 
 
                                                     
 
9 http://www.oie.int/eng/normes/mcode/en_chapitre_1.5.1.htm  
10 http://www.oie.int/eng/oie/organisation/EN_OIE%20PVS%20Tool_2008.pdf  
11 http://www.oie.int/eng/normes/mcode/e n_glossaire.htm#sous-chapitre-2  
12 Equivalence is referred in Article 4 of the SPS Agreement. In additi on, the SPS Committee has 
adopted a Decision on the Implementation of Article 4 of the Agreement on the Application of SPS Measures 
(Equivalence) (see SPS Committee paper G/SPS/19/Rev.2).  G/SPS/GEN/905 
 Page 13 
 
 
  The OIE informal mediation process may be u sed to help resolve a difference between 
Members regarding the use of the equivalence principle. 
 
2.7. The use of zoning and compartmentalisat ion as mechanisms to facilitate safe trade 
 
In view of the difficulty for a country in ma intaining disease free status for the whole of its 
territory, the OIE has developed the concepts of zoning and compartmentalisation to help 
manage diseases and facilitate safe trade.  Zoning and compartmentalization enable Members 
to define, within the national territory, animal subpopulations with a different health status.  
Relevant standards and guidance may be found in Chapters 4.3. and 4.4. of the Terrestrial  
Code  (2008).  The OIE has also provided guidance on the practical application of 
compartmentalization to avian influenza and Newcastle Disease in a checklist, which may be found on the OIE internet site.
13 
 For an importing country to recognise the existenc e of a zone or compartment in an exporting 
country as the basis for trade in animals or animal products, the exporting country should be 
able to demonstrate that it has complied w ith the relevant OIE standards.  Detailed 
documentation should be provided by the e xporting country for discussion between the 
Veterinary Authorities.  As previously mentioned, the findings of an OIE PVS Evaluation should also be taken into account.  
This concept is also recognized in the Ar ticle 6 of the SPS Agreement, and the SPS 
Committee has adopted Guidelines to Further the Practical Implementation of Article 6 of the 
Agreement on the Application of SPS Measure s (Regionalization) (see SPS Committee paper 
G/SPS/48). 
 2.8. Risk analysis  
"Risk analysis" means the process consisting of hazard identification, risk assessment, risk 
management and risk communication.  "Risk" m eans the likelihood of th e occurrence, and the 
likely magnitude of the biological and economic consequences of an adverse event to animal 
or human health in the importing country during a specified time period.
14 
 
The WTO SPS Agreement obliges Members to base their import measures on relevant 
international standards (of the OIE, in the case of animal health and zoonotic diseases) or a 
scientific risk analysis carried out accordi ng to relevant international standards. 
 
The OIE provides guidance on the conduct of an import risk analysis in Section 2 of the 
Terrestrial  Code  (2008) and more detailed guidance is provided in the two volumes of the 
OIE Handbook on Import Risk Analysis for Animals and Animal Products . 
 In the situation where relevant international standards have not been developed and/or an 
importing country considers that it requires a highe r level of protection than that provided by 
the international standard, the importing country should carry out an import risk analysis.  
This should take into account the results of an  evaluation of the Veterinary Services of the 
exporting country, if one has been conducted. In  some cases, the application of zoning and 
compartmentalisation must also be addressed. 
 
                                                     
 
13 
http://www.oie.int/eng/info_ev/Other%20Files/En_f inal_Compartmentalisation_AI_ND_10_05_2007.pdf  
14 http://www.oie.int/eng/normes/mcode/e n_glossaire.htm#sous-chapitre-2  G/SPS/GEN/905 
Page 14  
 
  3. Conclusions 
 
By adopting the OIE standards as the basis fo r their sanitary measures, OIE Members obtain 
guarantees for safe international trade in animal s and animal products.  In the case where 
there is no relevant internationa l standard or where Members re quire a higher level of sanitary 
safety, science based risk analysis following OI E standards should be undertaken.  The use of 
concepts such as equivalence, zoning and comp artmentalization, according to OIE standards, 
can help to facilitate safe international trade.  In the event where OIE standards are not r espected and differences arise, Members should 
first consider using the OIE informal mediation mechanism. 
 Confidence in the quality of veterinary services is  the cornerstone of international trade. Good 
governance, ensuring transparency in disease re porting, efficiency in disease management and 
reliability in veterinary certification, is key to provide the necessary assurances to trading 
partners. 
  
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  G/SPS/GEN/905 
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  Annex A - The OIE informal mediation procedure 
  
1. When a Member considers that another Member is not applying relevant  OIE standards or has 
adopted import measures that are not based on an impor t risk analysis according to OIE standards, the 
Member may send a written request to the OIE for me diation. The request should outline the grounds 
for requesting the mediation process. The OIE then fo rwards the request to the Member in question. 
2. On receipt of the request, the Member in qu estion should provide a written reply within a 
period of 20 days, stating whether or not it agrees to mediation. 
− Silence on the part of one of the parties is not taken to indicate agreement.  The entire 
mediation process depends on the consent of the parties.  Furthermore, if the Member in 
question does not reply within the given time limit, the OIE will take this as a refusal to 
engage in mediation. 
− If both parties agree to mediation, the OIE will initiate the process. 
3. The mediation process takes place within a period of 90 days, with a single extension 
available at the request of both parties.  The pro cedure begins once the Director General of the OIE 
confirms that the OIE will undertake the mediation. 
4. The Parties select one or more experts (desirably an odd number), selected from a list 
provided by the Director General.  The experts should be impartial a nd independent of the parties and, 
preferably, not be of the same nationality as the pa rties.  The experts may request the provision by the 
parties of any information they deem  to be relevant to the mediation 
5. At the first meeting the parties agree administ rative arrangements for the mediation, including 
the venue for meetings, the language(s ) to be used and the conditions to be established for meeting the 
cost of the mediation by the OIE.  Needs for interp retation and/or translation should be agreed and the 
timeframes for the mediation procedure established.  The mediator nominated by the Director General 
of the OIE should remind the parties that the findi ngs of the mediation will not be published and the 
conclusions will not be binding wit hout prior agreement of both parties unless they decide a different 
option.  The position of both parties on these two points should be confirmed at this stage. 
6. The parties explain their respective positions and provide relevant documentation to the 
mediator.  Subsequently, the parties and the medi ator draft the terms of reference and a work 
programme, including the framework for the mediator 's involvement and the main issues to be dealt 
with during the mediation process. 
7. If they wish, the parties may terminate the medi ation process at any time.  To do so, they 
should notify the other party in writing and send a copy to the Director General. 
8. Bilateral consultations between the parties ta ke place in accordance with the agreed work 
programme and the undertaking on confidentiality.  Un less the parties agree to the contrary, both the 
discussion and the final report will remain confidential. 
9. The mediator drafts a report on the mediation in one  of the three OIE official languages.  This 
report is in two parts: part one summarises the technical issues discussed and part two presents the 
mediator's findings and recommendations to the parties. 
− A preliminary draft report will be sent to the parties for comment.  Parties should provide 
their comments within 60 days of receiving the preliminary draft report.  The mediator G/SPS/GEN/905 
Page 16  
 
  will then produce a final draft report, taking account of comments provided by the 
parties.  If a party provides no comments, the mediator may assume that the party is in agreement with the preliminary draft report. 
− The final draft report is sent to the Director Ge neral, who then transmits it to the parties.  
This step will be completed within one m onth after the mediator receives comment from 
the parties (or one month after expiry of th e 60 day period for comment, if no comment is 
received). 
 
_______________ 
 
  G/SPS/GEN/905 
 Page 17 
 
 
  Bibliography 
 Codes and Manuals  
− 
ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2008). – Terrestrial Animal Health 
Code. 17th edition, Volumes 1 and 2, OIE, Paris. 
− ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2008). – Aquatic Animal Health 
Code. 11th edition, OIE, Paris. 
− INTERNATIONAL PLANT PROTECTION CONVENTION  (IPPC) (2006). – IPPC Dispute 
Settlement Manual. 
− ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2008). – Manual of Diagnostic 
Tests and Vaccines for Terrestrial Animals. 6th edition, Volumes 1 and 2, OIE, Paris. 
− ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2006). – Manual of Diagnostic 
Tests for Aquatic Animals. 5th edition, OIE, Paris. 
− ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2006). – OIE Fourth Strategic Plan: 
2006-2010. 
 
Articles 
 
− THIERMANN  A.B. (2004). – The role of animal health and zoonoses standards on disease 
control and trade, March. Internet link:  http://www.oie.int/eng/Edito/en_thiermann.htm  
− SCOTT  A., BATHO  H., CAPORALE  V., GARBER  L., GIOVANNINI  A., KELLAR  J., RHORER  A., 
SHIMSHONY  A., SMITH  J., SWAYNE  D. & ZEPEDA  C. (2006). – The concept of 
compartmentalisation, Rev. sci. tech.  Off. int. Epiz., 25 (3), 873–879. 
− WILSON  D. & THIERMANN  A.B. (2003). – Approaches to resolving trade disputes, Rev. sci. 
tech.  Off. int. Epiz., 22 (2), 743–751. 
− ORGANISATION MONDIALE DE LA SANTE ANIMALE (OIE) (2007). – Checklist on the Practical 
Application of Compartmentalisation fo r Avian Influenza and Newcastle Disease , 10.pp. 
Internet link: http://www.oie.int/eng/info_ev/Other%20Files/ En_final_Compartmentalisation_AI_ND_10_
05_2007.pdf  
 
Internet links 
 
− OIE Terrestrial Animal Health Code :   
http://www.oie.int/eng/normes/mcode/en_sommaire.htm  
− Devising import health measures for animal commodities:   
http://www.oie.int/eng/normes/guides/EN_commodity-based%20approach.pdf  
− Dispute mediation using the good offices of the OIE. In The OIE international Standards: 
http://www.oie.int/eng/normes/guide%20t o%20OIE%20intl%20s tandards%20v6.pdf  
− VALLAT B ., Editorial of the Director General, Improving wildlife surveillance for its 
protection while protecting us  from the diseases it transmits : 
http://www.oie.int/eng/Edito/en_edito_juil08.htm  
− OIE Tool for the Evaluation of Performance of Veterinary Services  (OIE PVS Tool ): 
http://www.oie.int/eng/oie/organisation/EN_OIE%20PVS%20Tool_2008.pdf  G/SPS/GEN/905 
Page 18  
 
  − Training on PVS and Certification of OIE Assessors: 
http://www.oie.int/eng/oie/organisation/en_vet_evaluators.htm
 
− OIE dispute mediation process: Communication from the World Organization for Animal 
Health (OIE), G/SPS/GEN/731, presented at the 37th meeting of the Committee on Sanitary 
and Phytosanitary Measures, Geneva (Switzer land), 11-13 October 2006, available at the 
Document on line section of the WTO at http://docsonline.wto.org/  
 
 
_______________ 
  G/SPS/GEN/905 
 Page 19 
 
 
  ANNEX 2 
 
PVS Evaluation Missions – (As at 16 February 2009) 
 
 
Region Official requests Missions 
completed Reports sent to 
countries 
Africa 37 35 30 
Americas 17 14 9 
Asia/Pacific 13 12 11 
Europe 12 9 8 
Middle-East 12 8 4 
Total 91 78 62 
 
 Official requests: 
Africa (37):  Algeria, Benin, Burkina Faso, Burundi, Ca meroon, Chad, Côte D'Ivoire, Congo (DR), 
Djibouti, Egypt , Eritrea, Gabon , Ghana , Guinea, Guinea-Bissau, Kenya , Liberia (non OIE Member), 
Lesotho, Madagascar, Malawi, Mali, Mauritania, M auritius, Morocco, Mozambique, Namibia, Niger, 
Nigeria, Senegal, Swaziland, Sudan, Tanzania, Togo, Tunisia, Uganda, Rwanda, Zambia  
Americas (17):  Barbados, Belize , Bolivia, Brazil, Colombia, Costa Rica , Dominican Republic , El 
Salvador, Guyana, Honduras, Jamaica, Mexico, Nicaragua , Panama , Paraguay, Peru,  Uruguay  
Asia/Pacific (13):  Bangladesh, Bhutan, Brunei, Cambodia, Fiji, Indonesia , Korea (PDR), 
Laos (PDR), Mongolia, Nepa l, Philippines, Sri Lanka, Vietnam  
Europe (12):  Albania, Armenia,  Azerbaijan,  Bulgaria, Georgia,  Kazakhstan, Kyrgyzstan, Romania, 
Tajiskistan,  Turkey, Ukraine, Uzbekistan  
Middle-East (12):  Afghanistan, Bahrain, Jordan, Lebanon, Kuwait,  Qatar, Saudi Arabia, Palestinian 
National Authority, Oman, Syria, UAE, Yemen 
Italics:  Completed missions 
 
__________