WORLD TRADE  
ORGANIZATION   
G/SPS/W/259 
31 May 2011 
 (11-2723) 
Committee on Sanitary and Phytosanitary Measures  
  
 
PROPOSED RECOMMENDED PROCEDURE TO ENCOURAGE AND FACILITATE 
AD HOC CONSULTATIONS OR NEGOTIATIONS AMONG MEMBERS 
UNDER THE SPS AGREEMENT (ARTICLE 12.2) 
 
Note by the Secretariat
1 
  
INTRODUCTION 
 
1. Article 12.2 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the 
SPS Agreement) states that:  "The Committee shall en courage and facilitate ad  hoc consultations or 
negotiations among Members on specific sanitary or ph ytosanitary issues".  The Working Procedures 
of the Committee, adopted by the Co mmittee in March 1995, provide that: 
"With respect to any matter which has been raised under the Agreement, the 
Chairperson may, at the request of the Members directly concerned, assist them in dealing with the matter in question.  Th e Chairperson shall normally report to the 
Committee on the general outcome with respect to the matter in question."
2 
2. The Committee has recognized the usefulness of Ar ticle 12.2, and in par ticular of the good 
offices of the Chairperson, as a means of facilitating the resolution of trade problems.3 
3. Several Members have submitted proposals for a procedure to facilitate the use of ad hoc 
consultations and negotiations among Members.4 
4. This draft procedure seeks to combine the proposals made to date, to facilitate the 
identification and consideration of those areas where there are substantive differences among the 
proposals. 
                                                      
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. 
2 G/SPS/1, paragraph 5. 
3 G/SPS/12, paragraph 24, G/SPS/36, paragraphs 87-88, G/SPS/53, paragraphs 116-126. 
4 G/SPS/W/219; G/SPS/W/227;  G/SPS/W/ 233;  G/SPS/W/248;  G/SPS/W/243/Rev.4;  and Job/SPS/1.  G/SPS/W/259 
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  RECOMMENDED PROCEDURE TO ENCOURAGE AND FACILITATE FOR  
AD HOC CONSULTATIONS OR AND NEGOTIATIONS AMONG MEMBERS  
UNDER THE SPS AGREEMENT (ARTICLE 12.2) 
 
Proposed Decision by the Committee 
  
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Having regard  to paragraph 1 of Article 12 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreement"); 
 Seeking  to further encourage and facilitate ad hoc consultations or negotia tions among Members on 
specific sanitary and phytosanitary issues, in acco rdance with the provisions of Article 12.2 of the 
Agreement; 
 
Recalling  that the Working Procedures of the Committee calls on the Chairperson of the Committee to 
assist Members to deal with any matter which has been raised under the Agreement, upon a request by 
the Members directly concerned;  Recalling  that during the reviews of the operation an d implementation of the Agreement, Members 
recognized the usefulness of application of Arti cle 12.2, and encouraged the use of ad hoc 
consultations, including through the good offices of th e Chairperson of the Committee, to facilitate 
the resolution of specific trade concerns;  Taking  into account the on-going negotiati ons of the Doha Development Agenda; 
 
Decides as follows: 
 1. This procedure is intended to encourage and f acilitate ad hoc consulta tions or negotiations 
among Members on specific sanitary or phytosanitary i ssues, with a view to assist Members to reach 
mutually satisfactory solutions, according to Article 12.2 of the Agreement. 
2. This procedure does not add to nor [detract fro m][diminish] the existing rights and obligations 
of Members under the Agreement nor any other WTO Agreement.  This procedure will not result in 
any legal interpretation or modification of the Agreement itself. 
3. This procedure is not intended to prejudice in  any way the process or outcome of the work of 
other WTO bodies, including in relatio n to the Doha Development Agenda. 
I. GENERAL CONSIDERATIONS 
4. Any Member may at any time request consulta tions regarding any sanitary and phytosanitary 
measure(s) or related technical issue(s) falling under the scope of the Agreement.   Prior to requesting 
an ad hoc consultation, a Member [may] [shall] ra ise the issue(s) at a meeting of the SPS Committee 
as a specific trade concern.  
5. Member participation in consu ltations is voluntary [, beyond the exchange of information] 
[, beyond participation in a first meeting].  
6. The decision of whether to participate in cons ultations, and all positi ons taken by Members 
during such consultations, shall be without prejudice to the rights or obligations of a Member under 
the WTO Agreements. G/SPS/W/259 
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  7. The consultations shall be held in good faith , and without prejudice to the Understanding on 
Rules and Procedures concerning the Settlement of  Disputes and Members' rights and obligations 
thereunder. 
8. The consulting Members, as well as all other partic ipants in the consultation, shall treat as 
confidential the information subm itted and positions taken during c onsultations, except for factual 
information already existing in the public domain, unl ess disclosure is consente d to by the consulting 
Members.  The consulting Members shall not be re quired to disclose confidential information which 
would impede law enforcement or otherwise be contra ry to the public interest or would prejudice the 
legitimate commercial interests of partic ular enterprises, public or private.  
II. PROCEDURE FOR ADDRESSING CONC ERNS REGARDING SPS ISSUES 
Step A:  Request for Consultations 9. A Member (hereinafter the "requesting Member") must request consultations with another 
Member (the "responding Member") in writing, in  a WTO working language.  The request will:  (1) 
identify the measure(s) or technical issue(s) to be  consulted on; (2) describe the reasons for requesting 
consultations and provide a description of the re questing Member's concern regarding the possible 
effects on trade;  (3) provide any preliminary ques tions and concerns regarding the measure(s) or 
technical issue(s);  and (4) identify  any releva nt provision(s) of the Agreement and relevant 
international standards, guidelines or recommenda tions adopted by the pertinent international 
organizations as referred to in the Agreement.   
10. In addition to sending the request to the r esponding Member, the requesting Member will at 
the same time send a copy of the request to the Chairperson of the Committee and the Secretariat.  
[The Committee will be informed of the request at the subsequent meeting of the Committee.].  [A 
copy of the request shall be made available to the SPS Committee.] 
Step B:  Response to a Request 
11. Within [10][15] days of receiving a request , the responding Member will notify the requesting 
Member, in writing in a WTO working language, whether it accepts or rejects the request for 
consultations, and shall provide a copy of this r esponse also to the Chairperson of the Committee and 
the Secretariat.  The Committee will be informed of the response to the request (ie., whether the 
request was accepted or rejected) at th e subsequent meeting of the Committee. 
12. [If] [Irrespective of whether] the responding Member accepts the request for consultations, 
the responding Member shall normally provide a wri tten response to the information contained in the 
request within [20] days.  [In case the response wi thin the time period above is not practicable, the 
responding Member shall inform the requesting Member of the reasons for the delay, together with an 
estimate of the period within which it will provide its response.  This period should not exceed an 
additional [10] days.  [A copy of the response shall also be made available to the SPS Committee.]   
Step C:  Consultation Procedure 
13. [Within [15] days of the circulation of the r esponse, the participating Members shall request 
the SPS Committee Chairperson or the designee thereo f (hereinafter the "Facilitator") to serve as 
facilitator for the consultations.] 
14. Where the responding Member has accepted th e request for consultations, the consulting 
Members shall set a date for a meeting, in coor dination with the SPS Committee Chairperson or the 
designee thereof (hereinafter the "Facilitator"). G/SPS/W/259 
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  15. The role of the Facilitator is to assist, in an unbiased and independe nt way, communication 
between the consulting Members.  The facilitator, in  consultation with the parties, shall have full 
flexibility in organising and conducting the consu ltations.  The Facilitator may consult with both 
Members regarding the parameters of the consultations, including: 
(a) whether it is recommended that technical experts of each consulting Member should 
be present at the consultations; 
(b) whether provision of supplementary questions and written responses is desirable;   
(c) whether a mutually acceptable schedule for such submissions and for further 
meetings, if necessary, can be determined;  
(d) whether third party participation is  desirable and acceptable;  and 
(e) whether, in cases where a consulting Memb er identifies as relevant a standard, 
guideline, or recommendation of the Codex Alimentarius Commission, the World Organisation for Animal Health (OIE), or the International Plant Protection 
Convention (IPPC), the secretariat of the rele vant organization or a relevant expert 
thereof should be invited to explain the scope  or content of that standard, guideline, 
or recommendation. 
16. The facilitator [may] [shall not] provide an opinion [on a technical issue or] on the 
consistency with any WTO Agreem ent, including the SPS Agreement, of a measure or a consulting 
Member's position on a technical issue.  
17. Consultations should normally take place at the WTO headquarters, unless the Members 
agree to some other venue, taking into account the resource constraints of developing country 
Members.  With a view to economising resources,  video-conferencing and other telecommunication 
facilities may also be utilised for consultations. 
18. The consulting Members will endeavour to comp lete the consultations within a reasonable 
period of time[, which should not surpass 180 days].   Any agreed time limit during the consultations 
may be modified with the mutual agreement of the consulting Members.  When either one or both of 
the consulting Members wish(es) to conclude th e consultations, the Member(s) may do so through 
written notification to the other consulting Member at any time.  The Member or Members (if acting 
jointly) will promptly provide written notification to the Facilitator and the Secretariat that the 
consultations have concluded. 
19. Alternative A:   At the conclusion of the consulta tions, with approval from both Members, 
the Facilitator will report the general outcome of the consultations to the Committee in accordance 
with the established Working Procedures of the Committee.
1  The report will not contain confidential 
information unless both consulting Members consent to the inclusion of such information as described 
in paragraph 8. 
Alternative B: At the end of the consultations, the Facilitator shall issue a draft report to the 
consulting Members on the outcome of the consulta tions.  The Members shall have 15 days to 
comment on this report.  After considering these co mments, the Facilitator shall circulate a final, 
factual report to the SPS Committee. 
                                                      
1 G/SPS/1, paragraph 6. G/SPS/W/259 
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  III. TECHNICAL ASSISTANCE 
20. Developing country Members, and in partic ular least-developed country Members, may 
request assistance from the WTO Secretariat to promote their understanding of the use and 
functioning of these procedures.  
IV. MONITORING 
21. The Secretariat will monitor the use of this pr ocedure, and, in accord ance with paragraph 8, 
will ensure that the conclusions of these procedures  are reflected in the summary of Specific Trade 
Concerns (G/SPS/GEN/204). 
V. REVIEW AND DURATION 
22. Alternative A:  [ This procedure shall cease to exist and shall be replaced by the "Procedures 
for the Facilitation of Solutions to Non-Tariff Barr iers" as and when the latter is adopted by the 
Negotiating Group on Market Access (NGMA) and is made applicable to the SPS Committee.] 
 
Alternative B:   [This procedure shall be reviewed by the SPS Committee as and when the 
"Procedures for the Facilitation of Solutions to N on-Tariff Barriers" is adopted by the Negotiating 
Group on Market Access (NGMA) and a decision taken at that time as to whether this procedure 
should be maintained, revised, or replaced.]  
23. This procedure will be reviewed periodically  and revised as necessary by the Committee in 
light of experience gained through its application.   The Committee should undertake a first review of 
these guidelines not later than [two][three] years af ter their adoption by the Committee and thereafter 
as the need arises. 
 
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