WORLD TRADE  
ORGANIZATION  G/SPS/GEN/1052 
18 October 2010 
 (10-5348) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
AD HOC CONSULTATIONS 
 
Communication from Brazil
 
  
 The following communication, received on 15 Octo ber 2010, is being circulated at the request 
of the Delegation of Brazil
. 
  
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  G/SPS/GEN/1052 
Page 2 Proposal of the S ecretariat (Origins: 
US/Argentina's proposal) NAMA Horizontal Mechanism Specific Trade Concerns in 
the SPS Committee Bilateral Meetings 
G/SPS/W/243/Rev.2 TN/MA/W/ 106/Rev.1 G/SPS/W/48    
May 2010 February 2010   
Participation  Voluntary [beyond participation in a first 
meeting - BR].  (par. 5). Participation in Stage I (Request and 
Response) is mandatory and in Stage II 
(Resolution Procedures) is voluntary. Mandatory  Voluntary 
Deadlines The consulting Members will endeavour to 
complete consultations within a reasonable 
period of time [which should not surpass 180 days- BR]. (par. 15). Deadlines for each phase. However, any time 
limit may be modified by mutual agreement 
between the Members involved in these procedures (par.4). The inclusion of an STC on 
the agenda for a specific SPS 
meeting shall be at least 10 days prior to the date of the 
SPS Committee meeting.  
However, there is no deadline for the conclusion of the 
STC. NO 
S&D NO Members shall exercise due restraint in 
raising matters involving a LDC. (par.5) 
Developing countries and LDCs may request assistance from the Secretariat or other 
developed Members to promote their 
understanding of the use and functioning of 
the consultation procedures. (par. 22). NO NO 
Participation of 
Third Parties NO Any other Member may submit a written 
request to the parties within [10] days after 
the requesting and responding Members have notified their decision to proceed to Stage II  
(Resolution Procedures). Both parties need to 
agree on that participation.  After the STC is raised, the 
Chairperson invites any other 
Member interested to comment in the matter to take 
the floor.  Possible 
Appointment of a 
Facilitator Chairperson (or designee) in cases where the 
Chairperson is not available to assist the 
consulting Members, and in cases where there 
may be a conflict of interest, the Chairperson will 
designate a facilitator, after consultation with the consulting Members. (footnote 9). The Parties may request that the Chairperson 
or one of the Vice-Chai rpersons or a Friend 
of the Chair serve as facilitator. If the parties 
cannot agree on the appointment of a 
facilitator, after [25 days] the [Chairperson of the Council for Trade in Goods] shall appoint 
the facilitator after consulting the 
parties.(par. 12). NO NO  
   G/SPS/GEN/1052
 Page 3Proposal of the S ecretariat (Origins: 
US/Argentina's proposal) NAMA Horizontal Mechanism Specific Trade Concerns in 
the SPS Committee Bilateral Meetings 
G/SPS/W/243/Rev.2 TN/MA/W/ 106/Rev.1 G/SPS/W/48    
May 2010 February 2010   
Participation of 
Experts The Chairperson (or designee) will consult with 
both Members regarding the parameters of the 
consultations, including whether it is 
recommended that tech nical experts of each 
consulting Member should be present at the 
consultations. (par.12).  The Chairperson (or 
designee), after consulting the Parties, may request the participation of the secretariat of the 
organization whose standard, guideline or 
recommendation has been invoked. (par. 14) The facilitator may consult with relevant 
experts after consulting with the parties. 
(par. 15) Representatives of 
International Organizations  
may take the floor to 
comment on a STC.  Possible, but not 
usual.  
Confidentiality The consulting Members, as well as other 
participants in the consultations, will treat as 
confidential the information submitted and 
positions taken during consultations, unless 
disclosure is consented to by the consulting Members. (par. 7) All information acquired in Stage II 
(Resolution Procedures) shall be confidential, 
except for factual information  already 
existing in the public domain. (par. 17) No confidentiality. STCs are 
included in the agenda and 
discussions take place during 
regular sessions. Bilateral meetings 
are often 
confidential, but 
there is no legal 
guarantee about confidentiality.   
Transparency If approval is obtained from both Members, the 
Chairperson will report the general outcome of 
the consultations to the Committee. (par 17).  The Secretariat will monitor the use of this 
procedure, which will be reflected in the 
summary of specific trad e concerns provided 
annually to the Committee. (par. 18) Notifications under the procedures (requests, 
responses, reports) shall constitute regular 
agenda items. The Chairperson shall provide to Members on an annual basis a status report 
of notified requests, responses and ongoing 
and recently completed procedures. (par. 20 
and 21) The discussion of STCs is 
summarized in the report of 
the Committee's meeting, and also included in the list of 
STCs. NO 
Revision of the 
Procedures The Committee should undertake a first review 
not later than two years after their adoption by 
the Committee and thereafte r as the need arises. 
(par. 19) [5] years after the adop tion of the Decision. No specific timeframe to 
review STCs procedures, but 
the Committee has its own 
review process which could include STCs. NO 
DSU This procedure will not result in any legal 
interpretation or modification to the Agreement 
itself. (par.2).  At no  time may the Chairperson 
(or designee) opine on a technical issue or on the consistency with any WTO Agreement of a 
measure or a national position. (par 13) These procedures shall be without prejudice 
to Members´ rights  and obligations under the 
DSU. They are not intended to serve as a 
basis for the interpretation or the enforcement of specific obligations under the WTO 
Agreement or for dispute settlement 
procedures. (par.2) These procedures shall be 
without prejudice to 
Members´ rights  and 
obligations under the DSU. These procedures 
shall be without 
prejudice to 
Members´ rights  and obligations under the 
DSU.  
  G/SPS/GEN/1052 
Page 4 Proposal of the S ecretariat (Origins: 
US/Argentina's proposal) NAMA Horizontal Mechanism Specific Trade Concerns in 
the SPS Committee Bilateral Meetings 
G/SPS/W/243/Rev.2 TN/MA/W/ 106/Rev.1 G/SPS/W/48    
May 2010 February 2010   
Submission of 
Requests for 
Consultations Any Member may at any time request 
consultations regarding any sanitary and 
phytosanitary measure(s) or related technical 
issue(s) falling under the scope of the SPS Agreement. Members are en couraged to raise the 
issue(s) as a specific trade concern prior to 
requesting consultations. (par.4).  Step A: Request consultation in writing, with detailed 
information (measure to be consulted on; reasons 
for requesting consultations; preliminary questions; relevant provisions of the Agreement 
or international standards).  The request will be 
sent to the responding Member, to the Secretariat and to the Chairperson [and the request will be 
circulated to the SPS Committee - BR].  (par.9) Any Member may, individually or jointly 
with other Members, request information 
regarding a non-tariff barrier.  The request 
shall be submitted in writing and identify and describe the specific measure at issue and 
provide a detailed description of the 
requesting Member's concerns regarding the measure's impact on trade. Not applicable. The process 
is mandatory, the only 
requirement is the inclusion 
of the STC in the Committee's agenda.  Normally, bilateral 
meeting are 
scheduled by 
delegations at the margins of regular 
meetings.  
Circulation of Requests between 
Members [and the request will be circulated to the SPS 
Committee - BR].  (par.9) The requesting Member shall notify its 
request to the Committee, which shall 
circulate it to all Members. (par 8) All Members are informed 
about the inclusion of a STC 
in the agenda through the 
airgramme previously 
circulated by the Secretariat. Requests of 
consultations are 
circulated bilaterally.  
Deadline to Submit 
Responses to 
Requests The responding Member will notify the 
requesting Member in writing whether it accepts 
or rejects the request with in 30 days of receiving 
the request.  It will send the response to the 
Secretariat and the Chairperson of the Committee. [If it accepts the consultations, the 
responding Member should respond to any 
questions or comments. The response will be 
circulated to the SPS Committee - BR] . (par.10)  The responding Member shall provide, 
within [20] days, to the extent practicable, a 
written response, and, when it is not possible, 
shall inform the reasons for the delay and an 
estimate of the period it will provide its response. Responses are normally given 
during regular meetings, but 
they can be only preliminary.  NO, except if agreed 
bilaterally between 
Members. 
Circulation of Responses between 
Members [The response will be circulated to the SPS 
Committee - BR].  (par. 10) The responding Member shall notify its 
request to the Committee, which shall 
circulate it to all Members. (par 8) Responses are public.  NO 
Consultation 
Meeting after the 
Circulation of Requests and 
Responses Within 45 days of acceptance of the 
consultations request by the responding Member 
should
 set a date for a meeting . Normally the 
meeting should take place no later than the next 
regular SPS Committee meeting. (par. 11) Following the receipt of requests and 
responses, upon the request of either the 
requesting or the responding Member, the Chairperson shall conven e a meeting with the 
parties to address any outstanding issues and 
explore next steps. (par 8) - Stage I NO NO  
   G/SPS/GEN/1052
 Page 5Proposal of the S ecretariat (Origins: 
US/Argentina's proposal) NAMA Horizontal Mechanism Specific Trade Concerns in 
the SPS Committee Bilateral Meetings 
G/SPS/W/243/Rev.2 TN/MA/W/ 106/Rev.1 G/SPS/W/48    
May 2010 February 2010   
Resolution 
Procedures The Chairperson (or designee) will consult with 
both Members regarding the parameters of the 
consultations, including participation of experts, 
production of written responses and supplementary questions; and, if possible, 
determination of mutually agreed schedules. (par. 
12) Stage II (Resolution Procedures): The parties 
shall notify any decision to proceed to Stage 
II to the Committee, which shall circulate it 
to all Members. Stage II may only be initiated by mutual agreement of the parties. 
(par. 9 and 10) NO NO 
Venue of 
Consultations NO Consultations should normally take place at 
the WTO headquarters, unless the parties 
agree on any other place of mutual 
convenience. Video conferencing and other 
telecommunications facilities may be utilized, if agreed by the parties. (par. 13) Regular Meetings.  Normally, bilateral 
meetings are 
scheduled at the 
margins of regular 
meetings.  
Deadline to Reach a Mutually Agreed 
Solution  The Chairperson (or designee) will consult with 
both Members whether a mutually acceptable 
schedule for submissions and further meetings, if 
necessary, can be determined. (par. 12).  The 
consulting Members will endeavour to complete 
consultations within a reasonable period of time [which should not surpass 180 days- BR
]. 
(par. 15) [60] days from the appointment of the 
facilitator. Interim solutions may be 
considered if the barrier relates to perishable 
goods.  Total:  about [135] days. NO NO, except if agreed 
bilaterally between 
Members. 
Final Report  If approval is obtained from both Members, the 
Chairperson will report the general outcome of 
the consultations to the Committee. (par 17) In the event of a mutually agreed solution, 
the facilitator shall submit a draft report for 
the parties to comment on and then a final factual report to the Committee. The discussions on a STC are 
summarized in the report of 
the Regular Meeting. NO 
Monitoring  The Secretariat will monitor the use of this 
procedure, which will be reflected in the 
summary of specific trad e concerns provided 
annually to the Committee. (par. 18) The Chairpersons of the relevant Committees 
shall provide to Member s on an annual basis 
a status report of notified requests and 
responses and ongoing and recently 
completed procedures, together with a list of 
any reports from facilitators. (par. 21) The STCs are included in a 
list circulated by the 
Secretariat. In case there are 
good developments, Members inform the 
Secretariat if STCs are 
partially or totally solved.  NO 
 
 
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