WORLD TRADE  
ORGANIZATION  G/SPS/W/224 
6 June 2008 
 (08-2663) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
 
PROPOSED REVISION OF THE PROC EDURE TO ENHANCE TRANSPARENCY 
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR OF DEVELOPING 
COUNTRY MEMBERS (G/SPS/33) 
 
Note by the Secretariat
1 
 
 
INTRODUCTION 
 1. In October 2004, the Committee on Sanitary and Phytosanitary Measu res ("the Committee") 
adopted a procedure to enhance transparency of  special and differential treatment within the 
Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") 
(G/SPS/33, hereinafter referred to as the "S&D Transp arency Procedure").  This decision provided for 
a review of the implementation of the S&D Transparen cy Procedure within one year of its adoption.   
2. In February 2006, the Committee decided to ex tend the S&D Transparency Procedure as 
adopted in October 2004 and to review its implementa tion no later than at its first regular meeting in 
2008, with a view to deciding then whether to continue with the same procedure or introduce 
modifications. 
3. In March 2008, the Committee decided to revert  to its review of the S&D Transparency 
Procedure following confirmation of the ad referendum decision to revise the recommended 
transparency procedures (G/SPS/W/215/Rev.2).  Th is latter decision was c onfirmed on 30 April 2008 
(G/SPS/7/Rev.3). 
4. The following proposed revision to the S&D Tr ansparency Procedure reflects proposals 
informally submitted by Egypt (Job(07)/104), modifica tions related to the change in the recommended 
transparency procedures in general (G/SPS/7/Rev.3) , and relevant discussions in the SPS Committee.   
The Committee may wish to consider presenting this decision in the format normally used for such 
decisions, and in this regard a preamble to the deci sion is proposed.  Other proposed additions to the 
test are underlined, proposed deletions are struck-through. 
                                                     
 
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the position of Members or to their rights and obligations under the WTO. G/SPS/W/224 
Page 2  
 
  PROCEDURE TO ENHANCE TRANSPARENCY OF SPECIAL AND DIFFERENTIAL 
TREATMENT IN FAVOUR OF DEVELOPING COUNTRY MEMBERS 
 
Proposed Decision by the Committee
 
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Recalling that paragraph 1 of Article 10 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreemen t") states that in the preparation and application of sanitary or 
phytosanitary measures, Members sh all take account of the special needs of developing country 
Members, and in particular of th e least-developed country Members; 
 Seeking to develop effective, concrete and operational means to facilitate the implementation of this 
provision; 
 
Recognizing  the difficulties that Member s, and in particular developi ng country and least-developed 
country Members, may face in adapting their produ cts and methods of production to new or changed 
requirements of im porting Members;  
 Recognizing  also the need to make transparency procedures more effective and operational for 
developing country Members, and in par ticular least-developed country Members; 
 Noting  that the provision of technical assistance, as referred to in Article 9 of the Agreement, may 
assist Members adapt their products and methods of production to new or changed requirements; 
 
Recalling  that paragraph 2 of Article 9 of the Agreement indicates that where substantial investments 
are required in order for an exporting developing coun try Member to fulfil the sanitary or phytosanitary 
requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to main tain and expand its market access opportunities for 
the product involved;  
 
Recalling  that the Committee's regular agenda items  on the "Implementation of Special and 
Differential Treatment" and on the "Operation of Tr ansparency Provisions" provide opportunities, on 
an on-going basis, for raising concerns or assessing progress with respect to the implementation of the 
procedure to enhance transparency of special a nd differential treatment in favour of developing 
country Members; 
 
Regretting  that little use has been reported of the proce dure to enhance transparency of special and 
differential treatment in favour of developing c ountry Members since its initial adoption in 2004;  
 Encourages Members to make full use of this procedure and thereby to also contribute to enhanced 
transparency with respect to special and differe ntial treatment and/or technical assistance being 
offered or provided upon request;  and 
 
Decides
 that the following revised procedures should be  followed to enhance tr ansparency of special 
and differential treatment in favour  of developing country Members : 
 
 
1. The proposed  procedure to enhance transparency of special and differential treatment in 
favour of developing country Members  essentially follows the relevant current practices and 
recommendations regarding the submission and handling of notifications as described in 
G/SPS/7/Rev.3 , with new  additiona l actions included as Steps 5, 6 and 7.  G/SPS/W/224 
 Page 3 
 
 
  2. Following one year of the adoption of this procedure, the Committee shall review the 
proposed notification process to evaluate its implementation, and determine whether changes are 
required and/or its continuance is warranted.   The Committee shall review the implementation of this 
procedure, in light of the experiences of Members and the submission of notifications, as an integral 
part of its periodic Review of the Operation and Im plementation of the Agreement under Article 12.7.  
The next such Review is to be completed in 2009, and every four years subsequently. 
3. This procedure is without prejudice to th e rights and obligations of Members under 
Article 10.1 of the SPS Agreement.  In adopting the Canadian proposal, Members  reaffirmed that in 
the preparation and application of sanita ry and phytosanitary (SPS) measures, Members  shall take 
account of the special needs of dev eloping country Members  and in particular of the least -developed 
country Members .  The Committee recognizes  that this procedure does would  not fully resolve the 
issue of special and differential treatment, but that it is this was one step in addressing the problem of 
implementation of the special and differential treatment provisions of the Agreement.  The Committee also 
agrees  to consider other proposals and possible actions. 
 Step 1 .  A Member preparing a new or a revision  modification  to an existing SPS 
regulation shall submit a notification to the WTO Secretariat, following the guidance provided in 
Annex B of the SPS Agreement and G/SPS/7/Rev. 3 .  The notification should be made when a draft 
with the complete text of the proposed regulation is available;  such notification shall take place at an 
early stage, and when amendments can still be introdu ced and comments taken into account.  The 
notifying Member should provide in Box 3 of the notification format a clear description of the products covered, including tariff item numbers where possible.  The notifying Member should also 
complete Box 4, identifying the geographical regions or countries likely to be affected by the notified 
regulation to the extent relevant or practicable.  The notifying Member should include in Box 10 the 
proposed date of publication of the notified regulati on, and identify in Box 11 the proposed date of its 
entry into force.  The notifying Member shall allo w a reasonable interval, normally a period of not 
less than six months, between the publication of a sa nitary 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 Membe r.  The notifying Member should identify in Box 12 the final date for receiving 
comments and the agency responsible for handling comments.  The Member shall normally allow a 
period of at least 60 days for comment, except for proposed measures which facilitate trade and those 
which are substantially the same as an intern ational standard, guideline, or recommendation.  Any 
Member which is able to provide a time-limit beyond 60 days is encouraged to do so. 
 Step 2 .  The Secretariat will circulate the notific ation with the minimal delay possible.  
The Secretariat will provide paper copies of the no tification to the permanent missions of all WTO 
Members, and mail paper copies to one other designated address if so requested by a Member.  The notification will be posted on both  the "Members' Only" and the public web sites of the WTO, and 
will be electronically sent within one week of ci rculation to all addresses on the SPS self-subscribing 
electronic mailing list (in the language received by th e Secretariat).  The notification will be included 
in the monthly summary of SPS notifications circulated by the Secretariat.  If a developing country Member has difficulties in receiving and distributi ng notifications after receipt, the Member should 
inform the Secretariat thereof and propose how the national enquiry point could be improved. 
 Step 3
.  If a Member with an interest in exporting the products affected by the 
notification identifies a concern with the content of the notification, the exporting Member should 
contact the notifying Member, preferably  within the comment period, to seek additional information 
with respect to the notified measure and to identif y their concerns.  If the exporting Member requests 
an extension of the comment period, the notifying Member should grant requests for extension of the 
comment period wherever practicable, in particular w ith regard to notifications relating to products of 
particular interest to developing country Member s, where there have been delays in receiving and G/SPS/W/224 
Page 4  
 
  translating the relevant documents or where there is  a need for further clarification of the measure 
notified.  A 30-day extension should norm ally be provided and notified to the WTO
. 
 Step 4 .  The notifying Member should acknowl edge receipt of the request for an 
extension of the comment period, or for additional in formation, and 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 co mments into account and, where appropriate, provide 
additional relevant information on the proposed sa nitary or phytosanitary regulation, including 
information related to testing and in spection of the product(s) in question . 
  Step 5
.  If an exporting Member identifies significant difficulties with the proposed 
measure, that Member  may in its comments,  request, in writing,  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 offici als of the exporting Member and, upon request , 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 will 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 Me mber.  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.  
 
 Step 6 .   If, following the entry in to force of a new or modified  regulation (including 
an emergency measure), an exporting Member identif ies significant difficulties which its exports face 
in complying with the new regulation, it may requ est an opportunity to discuss its difficulties with the 
importing Member to attempt to resolve the issu e of concern, especially where no time, or an 
insufficient period of time, has been provided for co mments.  In the case of such a request from an 
exporting developing country Member,  the importing Member would will, 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,  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 differentia l treatment be provided, it would apply equally to 
all developing country Members.   Step 7
.  When a decision is taken on whet her and how special and differential 
treatment may be provided for a final measure in response to specific requests, the notifying Member 
should promptly submit to the WTO Secretariat an  Addendum to its original notification.  The 
Addendum shall indicate:  (1) if special and differe ntial treatment was requested;  (2) the name(s) of 
Member(s) that requested special and differential tr eatment;  (3) if special and differential treatment 
was provided, the form of such treatment;  and (4 ) if not provided, the Addendum shall indicate why 
special and differential treatment was not provided and whether technical assistance or any other 
solution was found to address the identified concern.   A format for the Addendum is contained in 
Annex 1.   Step 8
.  The Addendum to the notification shall be circulated by the WTO Secretariat 
in the same manner as the notification. 
  G/SPS/W/224 
 Page 5 
 
 
  ANNEX 1 
  
 W
ORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
  
NOTIFICATION  
 
Addendum
 
  
 The following communication, received on DD/MM/YY, is being circulated at the request of 
the Delegation of [Member].  
_______________  
 
 
Title outlining what the SPS measure or product is
 
  [Text describing any modification to the notified measure.] 
 
 
Special and Differential Treatment  
 
 (1) Special and differential treatment requested  [   ] Yes  [   ] No   (2) Name(s) of Member(s) that request ed special and differential treatment 
 
 (3) Special and differential treatment provided [   ] Yes  [   ] No 
  Describe how such treatment was provided, including what form it took. 
  (4) If special and differential treatment was not provided, indicate why it was not 
provided and whether technical assistance or  any other solution was found to address 
the identified concern. 
 
 Text available from:  [  ] National Notification Authority, [  ] National Enquiry Point, or 
address, fax number and E-mail addr ess (if available) of other body
: 
 
 
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