WORLD TRADE  
ORGANIZATION  G/SPS/GEN/803 
10 October 2007 
 (07-4331) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
THE EC NOTIFICATION AUTHORITY  AND ENQUIRY POINT FOR THE SPS 
AGREEMENT:  EXPERIENCE ACQUIRED IN THE OPERATIONAL PROCEDURES AND 
RECENT EXPERIENCE 
 
Workshop on the Transparency Provisions of the SPS Agreement, Geneva, 15-16 October 2007 -
 
Reflection Note1 
 
 The following communication, dated 27 September 2007, is being circulated at the request of the Delegation of the European Communities
. 
_______________ 
I. FOREWORD 
1. In document G/SPS/W/103/Rev.2 (8 December 2006) the Secretariat circulated a 
"Questionnaire on the Operation of SPS Enquiry Poin ts and National Notification Authorities".  The 
aim of the questionnaire was to identify working t ools, difficulties and constraints.  The European 
Communities has replied to the questionnaire.  In supplement to the response, this paper provides 
information on how the European Communitie s are operating their SPS Enquiry Point and 
Notification Authority.  
2. In 2003 the European Communities submitte d a document explaining the operational 
procedures in the European Co mmunities, namely:  (1) why  there is a European Communities SPS 
Notification Authority and Enquiry Point (ECNA/EP) and how  the European Commission works in 
coordination with its member States; and (2) what are the main activities  undertaken by the ECNA/EP 
since January 2000 (G/SPS/GEN/4562).  In 2007, the European Communities present complementary 
information and experience gained in the meeting of its obligations on transparency.  The aim of this 
paper is to explain further how the 27 members of the European Communities (each one is also a 
member of the WTO in its own right) operate in th e area covered by the EU treaties falling into the 
scope of the WTO/SPS Agreement.  We are not going  to repeat what was written in G/SPS/GEN/456, 
which is still valid. 
II. NOTIFICATIONS OF COMMISSION PROPOSALS TO THE EUROPEAN 
PARLIAMENT 
3. One of the particular features of the Eur opean Communities is th e procedure to present 
proposals to the European Parliament for a system of  co-decision with the Council.  Co-decision is the 
procedure now used for most EC law-making in the area of public and animal  health.  In the co-
                                                      
1 For further clarifications on what is presented in this document, please send e-mail to 
sps@ec.europa.eu  to the attention of Enrique Beltrán Poveda, European Commission, SANCO DG/D3. 
2 G/SPS/GEN/456 of 5 December 2003, "The EC Notification Authority and Enquiry Point for the 
WTO Agreement on the Application of Sanitary and Ph ytosanitary Measures: Operational Procedures and 
Recent Experience". G/SPS/GEN/803 
Page 2  
 
  decision procedure, Parliament shares legislative power equally with the Council.  The procedure 
provides for two successive "readings" in each institu tion.  If an agreement is reached in these 
readings, the law can be passed.  If not, it will be put before a conciliation committee, composed of 
equal numbers of Council and Par liament representatives.  Once this committee has reached an 
agreement, the agreed text is sent again to Parliame nt and the Council so that they can finally adopt it 
as law.  Conciliation is becoming increasingly rare.  Most laws passed in co-decision are, in fact, 
adopted either at the first or second reading as a result of good cooperation between the three 
institutions. 
4. The European Communities believe that there ar e advantages in notifying proposals to the 
European Parliament at early stage because there is  still time to introduce changes.  The department 
handling the proposal can explain factually to the le gislators the likely international impact of its 
legislation using the comments received.  Th e European Communities have notified 20 COM 
proposals (see Annex I, page 6) and in some c ases the responses submitted to the proposals were 
useful in explaining the international impact to the legislators. 
III. EXPLANATION OF EC MEASURES AND POLICY DOCUMENTS (EC 
COMMUNICATIONS) 
5. The European Communities often submit communi cation (GEN) documents with the aim of 
clarifying or providing further explana tions of EC policies.  This is a service that targets countries that 
may have problems following new developments.  Examples are new legislation adopted by the 
European Communities for the prevention of certain  diseases that may disrupt international trade 
(G/SPS/GEN/641 of 20 March 2006, "Questions and answers on the EC control measures for Avian 
Influenza") or the harmonization of legislation in connection with the accession to the European 
Union of new members (G/SPS/GEN/737 of 20 Oct ober 2006, "Joint communication of Bulgaria, 
Romania and the European Communities"). 
6. Another example is an explanati on of the implementation of TRACES
3, adapting numerous 
pre-existing veterinary certificates to the electr onic information exchange system.  The Commission 
took this opportunity to simplify the legal framework by adapting numerous existing certificates under 
different legislation into two single texts.  In th e document, there was a full list of the HS positions 
concerned in the legislative text, several explana tions on the changes, and information on numerous 
links and useful web sites. 
IV. PROCEDURE TO HANDLE QUESTIONS RECEIVED 
7. The first action after receiving comments is to register these in the Commission system 
(ADONIS4) under an unique registry number.  This registration is valid for the whole of the 
Commission services and identifies the message and th e document attached.  Then the Enquiry Point 
prepares a receipt notice indicating the contact pers on who will be in charge of the answer or of 
providing the elements for the reply.  Also, we give a deadline of the time needed to send the official 
reply.  We do the necessary to ensure the reply is  ready within the proposed schedule.  See below the 
study of the different kinds of questions the European Communities has received. 
                                                      
3 Trade Control and Expert System (T RACES), G/SPS/GEN/742, 1 December 2006. 
4 ADONIS is the European Commission's general document register. It is used to record 
correspondence and any other documents that do not have their own specific register.  G/SPS/GEN/803 
 Page 3 
 
 
  A. QUESTIONS AND COMMENTS TO  STANDARD NOTIFICATIONS  
Countries sending Comments
 to the EC (2003-2006)
N=119
AUS
14%
BRA
3%
CHN
20%CHL
2%CAN
4%USA
30%ASEAN
1%Others
3%ZAF
2%ARG
8%
NZL 
1% PER
1%PHL
2%
MEX
2%LKA
1%IDN
2%COL
3%SGP
1%THA
3%
 
8. Adding together the responses to questions a nd comments received in the period 2003-2006, 
there were 119 questions to the EC SPS notifications  and 142 in the two exercises of the Trade Policy 
Review (TPR) of the European Communities (years 2004 and 2006).  That makes a total of 261 
questions and comments.  
9. Graphs 1, 2, 3 and 4 of Annex III, page 8, identify the countries that sent comments during 
the years 2003, 2004, 2005 and 2006.  A total of  21 countries submitted comments to the European 
Communities.  There is a parallelism with the c ountries sending questions in the framework of the 
TPR (see para. 10).  The subjects raised in these ex changes vary widely and depend notably on the 
legislative proposals notified in the year.  We cl assify them in the following areas: animal by-
products, aquatic animals, bees legislation, BSE GB R, contaminants, feed controls, food additives, 
food hygiene, live fish and molluscs, microbiological criteria, MRL for pesticides, plant quarantine, 
vitamins and wood packing materials. 
B. QUESTIONS IN THE FRAMEWORK OF THE TRADE POLICY REVIEW DIRECTLY CONCERNED WITH 
SPS  STANDARDS  
10. Twenty-three countries sent questions to the Eu ropean Communities in the last two exercises 
of the Trade Policy Reviews (TPR 2004 and 2006)  regarding SPS issues.  However, just eight 
countries participated in both TPRs:  Argentina, Brazil, China, Colombia, India, Mexico, Thailand 
and the United States.  The most active country was India with 34 enquiries (25 per cent of the total;  G/SPS/GEN/803 
Page 4  
 
  21 questions in 2004, 13 in 2006), followed by the Un ited States (23) and Argentina (21).  If we take 
into account members of the Cairns Group
5 it is notable that they account for almost half of the total 
of questions, both reviews taken togeth er.  In Annex III, page 10, there is a graph with the statistics of 
participation in the TPRs of 2004 and 2006.  
11. The subjects raised during the Trade Policy Re view can be categorized by these issues:  
animal by-products, ALOP (Appropr iate level of Protection), cont aminants, customs procedures, 
enlargement, equivalence, food additives, food law, hygiene, pesticides, private standards, RASFF 
reports, regionalization, residues, special and differential treatment or technical assistance.  The TPR questions by subject matter during 2004 and  2006 are indicated in Annex IV, page 11. 
12. There is a clear advantage in having the SPS Cont act Point in the unit in charge of the replies 
because of the knowledge in connection to the SP S Agreement concerning the background of the 
Specified Trade Concerns in the i ssues raised and, above all, being able to follow-up the question in 
later contacts with the concerned countries. 
C. Q
UESTIONS IN THE FORM OF A COMMUNICATION TO THE MEMBERS OF THE AGREEMENT 
(GEN  SERIES DOCUMENTS ) 
13. One particularity of the current process are ques tions submitted by third countries in the form 
of a communication to the Members of the Agr eement (G/SPS/GEN series documents).  These 
exchanges are almost always in duplication of or in supplement to comments received directly.  The 
European Communities replies also in the form of another communication.  This procedure has some 
advantages in particular when the replies may be of  interest to other WTO Members because they are 
also concerned. 
 
Comments made to the European Communiti es in the form of a 
communication EC Response  
Bilateral notes (GMO) G/SPS/GEN/337 
Bilateral notes G/SPS/GEN/338 
G/SPS/GEN/354 by Argentina (GMO) G/SPS/GEN/405 
G/SPS/GEN/475 by Colombia 
G/SPS/GEN/470 by Papua New Guinea (Ochratoxin A in coffee) G/SPS/GEN/490 
G/SPS/GEN/475 by Colombia (Ochratoxin A) G/SPS/GEN/533 
G/SPS/GEN/681 by Peru (Novel Foods Regulation , NFR) G/SPS/GEN/699 
 
V. CALLS FOR ADVANCE COMMENTS BEFORE A PROPOSAL IS DRAFTED 
14. The European Communities on several occasions  have issued communications asking for 
early comments on Commission reports or submitting to public consultation (open to all the EC 
trading partners) proposals even before the draft has been sent for the normal procedure of adoption.  
The aim of these calls is to take into account all co mments in presenting a draft that will be notified to 
the WTO Secretariat once a majority view is adopted  in consultation with EC member States.  This 
method is chosen when there is a need to modi fy legal acts requiring update, allowing the collection 
of information to enable the Commission to asse ss the impact of the concerned legislation on 
international trade.  The European Communities is es pecially concerned with the views of developing 
countries and encourages them to reply to these consultations. 
                                                      
5 Cairns Group (2007): ARG, AUS, BOL, BRA, CAN, CHL, COL, CRI, GUA, IDN, MYS, NZL, 
PAK, PAR, PER, PHL, ZAF, THA, URU. See at http://www.cairnsgroup.org/map/index.html   G/SPS/GEN/803 
 Page 5 
 
 
  15. Examples are the communication (G/SPS/GEN/700 of  8 June 2006), "Pub lic Consultation on 
the Impact Assessment of Regulation 258/97 on Novel Foods and Food Ingredients Communication 
from the European Communities" and the documen t "Call for Early Comments on a Commission 
Report on Animal by-products not intended for Human Consumption:  Communication from the 
European Communities" (G/SPS/GEN/719 of 8 August 2006).  
VI. OTHER ACTIONS 
16. The European Communities have received repr esentatives of numerous delegations of third 
countries to see our working methods in practice.  Also, members of our Enquiry Point have participated in conferences and seminars expl aining how the European Communities fulfil their 
international obligations in the SPS field.  To facilita te the tasks for our trading partners, the European 
Communities always circulate by e-mail all the text s notified prior to any request to all the contacts 
points according the official list of the WTO Secretariat. 
VII. CLOSING REMARKS 
17. The EC SPS EP/NA ensures a tran sparent procedure in submitting proposals, responding to 
comments of third countries, explaining legislative in itiatives and distributing legal texts.  Further to 
this the European Communities is eager to listen to any suggestion or observation from their trading 
partners. 
 G/SPS/GEN/803 
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  Annex I:  SPS Notifications concerning Proposals to the European Parliament in co-decision: 
1. G/SPS/N/EEC/27 (2 May 1996):  Meat products and other products of animal origin.  
Proposal for a Council Directive amending Directive 77/99/EEC and Directive 92/118/EEC 
with regard to the rules applicable to minced  meat, meat preparations and certain other 
products of animal origin .   COM (96) 68 Final.  
2. G/SPS/N/EEC/33 (23 August 1996):  Products of  animal origin.  Third Countries Proposal 
for a Council Directive laying down the princi ples governing the organization of veterinary 
checks on products entering the Community from  Third Countries and amending Directives  
71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC , 91/492/EEC,  91/493/EEC, 92/45/EEC, 
and 92/118/EEC. COM (96)170 final.  
3. G/SPS/N/EEC/36 (29 October 1996):  Ungulates, hides and skins, bones and bone products 
not for animal and human consumption, apicu lture products, game trophies, slurry, wools, 
feathers and honey.  Doc. COM (96)393 final, pp. 7 - Proposal for a Council Directive laying 
down animal health a nd public health requirements governing trade in imports into the 
Community of products not subject to the said requirements laid down in specific Community 
rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 89/425/EEC . 
4. G/SPS/N/EEC/87 (16 June 2000):  Food supplements  and nutrients marketed in dose form  
Proposal for a directive of the European Par liament and of the Council on the approximation 
of the laws of the Member States relating to food supplements  (COM/2000/0222 final – COD 
2000/0080 19). 
5. G/SPS/N/EEC/94 (18 September 2000):  Food products  of animal origin – Separation of food 
hygiene from animal health controls COM(2000) 438 final, 14 July 2000, (167 pages ). 
6. G/SPS/N/EEC/94/Rev.1 (23 July 2002):  COM(2002)377 of 11 July 2002 "Proposal 
(presented by the Commission) for a Regulation of the European Parliament and of the Council laying down specific rules for the organi sation of official controls on products of 
animal origin intended for human consumption". 
7. G/SPS/N/EEC/103 (24 November 2000):  Animal by-products not for human consumption – 
BSE. COM(2000)574 final  Proposal for a Regulation of the European Parliament and of the 
Council laying down the health rules concern ing animal by-products not intended for 
human consumption.  
8. G/SPS/N/EEC/103/Add.1 (7 Februa ry 2001): COM(2000)574 final Proposal for a Regulation 
of the European Parliament and of the Counc il laying down the health rules concerning 
animal by-products not inte nded for human consumption,  (155 pages). 
9. G/SPS/N/EEC/110 (8 February 2001): COM(2000)716.  Proposal for a Regulation of the 
European Parliament and of the Council laying down the general principles and 
requirements of food law, establishing the European Food Authority, and laying down 
procedures in matters of food,  (84 pages). The Commission expects comments on: Title II 
General Food Law; and Title IV Rapid Alert System, Crisis Management and Emergency 
Situations. 
10. G/SPS/N/EEC/149 (14 February  2002): COM(2001)425 final " Proposal for a Regulation of 
the European Parliament and of the Counc il on genetically modified food and feed
", (40 
pages).   G/SPS/GEN/803 
 Page 7 
 
 
   
11. G/SPS/N/EEC/150 (14 February 2002): COM(2001)182 ' Proposal for a Regulation of the 
European Parliament and of the Council c oncerning the labelling and traceability of 
genetically modified organism s and traceability of food and feed products produced from 
genetically modified organisms and amending Directive 2001/18/EC', (8 pages).  
12. G/SPS/N/EEC/153 (14 February 2002): CO M(2001) 433 final [2001/0199 (COD)] Proposal 
for a Directive of the European Parliame nt and of the Council amending Directive 
2000/13/EC regarding the ingredients present in foodstuffs . 
13. G/SPS/N/EEC/165 (18 April 2002): COM(2002)153 final “ Proposal for a Regulation of the 
European Parliament and of the Council on additives for use in animal nutrition.  
14. G/SPS/N/EEC/176 (2 October 2002): Document  COM(2002) 400 fina l – 2002/0163 (COD) 
Proposal for a European Parlia ment and Council Regulation on smoke flavourings used or 
intended for use in or on food .  
15. G/SPS/N/EEC/191 (3 March 2003): Foodstuff or f eedingstuff of animal or plant origin 
COM(2003)52 final [2003/0030 (COD)] Proposal for a Regulation of the European 
Parliament and of the Council on official feed and food controls,  (114 pages).  
16. G/SPS/N/EEC/191/Add.1 (7 April 2003): Foodstuff or  feedingstuff of animal or plant origin 
COM(2003) 52 final [2003/0030 (COD)] Proposal for a Regulation of the European 
Parliament and of the Council on official feed and food controls,  (114 pages). Extension of 
comment period.  
17. G/SPS/N/EEC/196 (11 April 2003): COM(2003) 117 final;  2003/0052 (COD ) “Proposal for 
a Regulation of the European Parliament and of the Council on maximum residue levels of pesticides in products of plant and animal origin.”   
18. G/SPS/N/EEC/239 (23 March 2004): Chemical subs tances: Persistent Organic Pollutants 
POP. COM(2003) 333 final " Commission proposal for a Regulation of the European 
Parliament and of the Council on persisten t organic pollutants and amending Directives 
79/117/EEC and 96/59/EC ".    
19. G/SPS/N/EEC/289 (02 August 2006): Pesticides – Residues “ Proposal for a regulation of the 
European Parliament and of the Council concerni ng the placing of plant  protection products 
on the market ” [2006/0136/COD, COM(2006)388, 98 pages].  
20. G/SPS/N/EEC/102/Rev.1/Add.2 (03 July 2007): Live  farm and aquaculture animals; meat and 
meat products COM(2007) 292 final, 2007/0102 (COD) Proposal for a Directive of the 
European Parliament and of the Council am ending Council Directive 96/22/EC concerning 
the prohibition on the use in stock-farming of certain substances having a hormonal or 
thyreostatic action and of beta agonists.   
 G/SPS/GEN/803 
Page 8  
 
  Annex II:  Countries sending comments to EC SPS Notifications: 
 
 
Figure 1:  Year 2003 
 
2003 Comments received to EC notifications
ARG 2
AUS 11
BRA 1
CAN 3CHL 1CHN 9COL 1MEX 1THA 2
USA 4ZAF 1 
   
Country Amount 
ARG 2 
AUS 11 
BRA 1 
CAN 3 
CHL 1 
CHN 9 
COL 1 
MEX 1 
THA 2 
USA 4 
ZAF 1 
Total 36  
 
   
Figure 2:  Year 2004 
 
Year 2004 Comments Received to EC notifications
Others 8
USA 6COL  2AUS  1NZL  1
ARG  3
CHN  7
  
   
Country Amount 
Others 8 
CHN 7 
USA 6 
ARG 3 
COL 2 
AUS 1 
NZL 1 
TOTAL 28  
 
  
  G/SPS/GEN/803 
 Page 9 
 
 
  Figure 3:  Year 2005 
 
Year 2005 Comments received to EC notifications
ARG 2AUS 1
BRA 3
CAN 1
CHL 1CHN 3ID N 1 PHL 1USA 10 
  
 
Country Amount 
ARG 2 
AUS 1 
BRA 3 
CAN 1 
CHL 1 
CHN 3 
IDN 1 
PHL 1 
USA 10 
Total 23  
 
 
Figure 4:  Year 2006 
 
Year 2006 Comments received to EC notifications 
AUS 4CAN 1CHN 5LKA 1
PER 1
SGP 1
USA 16ASEAN 1
ARG 2 
  
 
Country Amount 
ARG 2 
ASEAN 1 
AUS 4 
CAN 1 
CHN 5 
LKA 1 
PER 1 
SGP 1 
USA 16 
Total 32  
 G/SPS/GEN/803 
Page 10  
 
  TPR 2004-2006 Countries participating
048121620
ARG AUS BOL BRA CAN CHNCOL SLV
CRIECU GUA
HON
HKGINDKOR MEXNIC
PER CHE THA
TPKM
VEN USA
Countries2004
2006Annex III:  Countries participating in the Trade Policy Review of the European Communities: 
 
   
 
  
 
     G/SPS/GEN/803 
 Page 11 
 
 
   
Annex IV:  Subjects of the questions to the Trade Policy Review of the European Communities: 
 
051015202530
Animal by-Products
ALOP (Appropriate level of Protection)
Contaminants
Customs procedures 
Enlargement
Equivalence: 
Food additives. 
Food Law: Hygiene 
Pesticides: 
Priva te  sta ndards:
RASFF reports 
Regionalization: 
Residues:
Special and differential treatment
Technical assistance 2004
2006
 
 
   
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