WORLD TRADE  
ORGANIZATION  G/SPS/W/243/Rev.3 
13 September 2010 
 (10-4633) 
Committee on Sanitary a nd 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 
 
Revision  
  
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 Phytosanitary 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. In accordance with Article 12.7 of the Agre ement, the Committee has carried out three 
reviews of the operation and implementation of th e Agreement to date.  In all Reviews, the 
Committee recognized the usefulness of the application of Article 12.2 to assist Members to reach 
mutually satisfactory solutions regarding sanitary and phytosanitary issues.  In the First Review of the 
Operation and Implementation of the SPS Agreemen t, the Committee observed that "the use of 
Article 12.2 could be an effective mean s of satisfactorily resolving problems".3  (G/SPS/12, para. 24).   
3. In the Second Review, the Committee recalled th at ad hoc consultations among Members, as 
provided for in Article 12.2 of the Agreement, on specific sanitary and phytosanitary measures, 
otherwise referred to as the "good offices" of the Chair, had been used on several occasions since 
1995.  The Committee recalled that this was a useful  route to facilitate agreement between Members 
and encouraged Members to take advantage of th is option where appropriate.  The Committee also 
adopted a recommendation encouraging Members "t o make use of the possibility for ad hoc 
consultations, including through the good offices of the Chairperson of the SPS Committee, to 
facilitate the resolution of specific trade concerns".4 
4. The Report of the Third Review describes the subsequent work by the Committee on this 
matter, including the submission by some Members of specific proposals for a procedure to enhance 
                                                      
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. 
4 G/SPS/36, paragraphs 87-88. G/SPS/W/243/Rev.3 
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  the use of the good offices of the SPS Chairman.  In adopting this report in March 2010, the 
Committee recommended that:  
"Members should endeavour to expeditious ly conclude this outstanding issue from 
the Second Review in a manner which fac ilitates the use of ad hoc consultations, 
including through the good offices of the Ch airperson of the SPS Committee, for the 
resolution of specific trade concerns."
 5 
5. To date, the good offices of the Chairperson, as provided for in paragraph 6 of the Working 
Procedures of the SPS Committee, h as been used on three occasions .  The first occasion was on the 
basis of a request from Argentina,  Brazil, Chile, South Africa and Uruguay with respect to measures 
relating to citrus canker taken by the European  Communities, in March 1998.  The second occasion 
was on the basis of a request by the United States wi th respect to restrictions on wheat and oilseeds 
maintained by Poland, in November 1998.  The most  recent occasion was on the basis of a request by 
Canada with respect to import restrictions on bovine  semen maintained by India, in March 2001.  On 
each occasion, the Chairman informed th e Committee with regard to the request. 6  
6. With a view to provide further guidance to Members on the procedure for ad hoc 
consultations according to Article 12.2, Argentina a nd the United States each circulated a proposal for 
the Committee's consideration.7  Subsequently, both Member s introduced a joint proposal.8  
Following the discussion of this matter at the SPS Committee meeting of 23-24 June 2009, the Secretariat was requested to prepare a revised propo sal based on the Argentine-US joint proposal and 
addressing the concerns raised by other Members in the discussions.
9  The "Recommended Procedure 
for Ad Hoc Consultations and Negotiations Am ong Members under the SPS Agreement (Article 
12.2)" was circulated in September 2009 as G/SPS/W/243.   
7. This proposal has been discussed at the Committee meetings of October 2009, March and 
June 2010, and revised after each meeting to ta ke into account comments and suggestions received 
from Members.10  At the June 2010 meeting, Members were invited to submit any comments on the 
proposal by 30 July 2010.  Comments on the draft te xt were received from Argentina, Canada and the 
United States, and the proposed add itions and deletions are marked in  this current revision.  More 
general comments with regard to ad hoc consultati ons were submitted jointly by India, Norway, the 
Philippines and Switzerland on 30 July 2010, as a "non-paper".  These comments have been circulated as an attachment to a fax from the Chairman  of the SPS Committee, dated 13 September 2010. 
 
                                                     
 
5 See Section XII of the Report of the Third Review, G/SPS/53, paragraphs 116-126. 
6 See G/SPS/GEN/204/Rev.10/Add.3, paras. 160- 163;  G/SPS/GEN/204/Rev. 10/Add.2, paras. 588-
589);  and G/SPS/GEN/204/Rev.10/Add.2, paras. 398-406, respectively. 
7 Argentina's proposal was circulated in March 2008, as document G/SPS/W/219.  The United States' 
proposal was circulated in June 2008, as document G/SPS/W/227.  
8 G/SPS/W/233. 
9 See G/SPS/R/55, paragraphs 108-118. 
10 See G/SPS/R/56, paras. 112-12 1, G/SPS/R/58, paras. 87-99,  and G/SPS/R/59, paras. 90-113.  G/SPS/W/243/Rev.3 
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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)11 
 
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 ongoing negotiations  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 from the existing rights and obligations of 
Members under the Agreement nor any other WTO Agre ement.  This procedure will not result in any 
legal interpretation nor constitute a
 modification to the Agreement itself12 and is without prejudice to 
the right of a Member to determine its appropriate level of sanitary or phytosanitary protection against 
risks to human, animal or plant life or health.  
3. This procedure is not intended to prejudice in  any way the process or outcome of the work of 
other Committees, including the work those Commit tees are doing related 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.  Members are 
encouraged to raise the issue(s) at a meeting of the SPS Committee as a specific trade concern prior to 
requesting consultations.   
                                                      
11 Change in title proposed by Argentina. 
12 Change proposed by the United States. G/SPS/W/243/Rev.3 
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  5. Member participation in consultations  is voluntary, beyond participation
 in a first meeting .13  
6. The decision of whether to participate in cons ultations, and all positi ons taken by Members 
during such consultations, will be without prejudice to the rights or obligations of a Member under the 
WTO Agreements. 
7. The consulting Members, as well as all other pa rticipants in the consultation will treat as 
confidential the information submitted and positions  taken during consultations, unless disclosure is 
consented to by the consulting Members.  
8. The Members agree that consultati ons will be held in good faith. 
II. PROCEDURE FOR ADDRESSING CONC ERNS REGARDING SPS ISSUES 
Step A:  Request for Consultations  
9. A Member (the "requesting Member") must requ est consultations with another Member (the 
"responding Member") in writing in a WTO working language.  The request will:  (1) refer to the 
measure(s) or technical issue(s) to be consulted on; and (2) state the reasons for requesting consultations as well as any preliminary questions and concerns regarding the measure(s) or technical 
issue(s), including possible effects on trade, as well as , if any, relevant provision(s) of the Agreement 
and existing international standards, guidelines or recommendations adopted by the pertinent 
international organizations as referred to in the Ag reement.  In addition to sending the request to the 
responding Member, the requesting Member will send the request to the Secretariat and the 
Chairperson of the Committee on the same day as the request is made and the req
uest will be 
circulated to the SPS Committee .14  The Committee will be informed of the request at the subsequent 
meeting of the Committee.15 
Step B:  Response to a Request 
10. The responding Member will notify the reques ting Member in writing in a WTO working 
language whether it accepts or rejects the request within 30 days of receiving the request.  If the 
responding Member accepts the consultations, it shall should also respond to any questions or 
comments included in the request for consultations on the points  identified in paragraph 9.16  T h e  
responding Member will also send the response to  the Secretariat and the Chairperson of the 
Committee on the same day as the response is made, and the response will be circulated to the SPS 
Committee .17  The Committee will be informed  of the response to the requ est (ie., whether the request 
was accepted or rejected) at the subsequent mee ting of the Committee.  This information may be 
provided under the agenda item on Specific Trade C oncerns, or as information from Members, and 
the requesting and responding Members may provide wh atever information they deem appropriate to 
the Committee.18 
                                                      
13 Change proposed by Argentina, Australia, Canada, Chile, El Salvador, Japan, Mexico and the United 
States. 
14 Change proposed by Canada and the United States. 
15 Change proposed by Argentina. 
16 Change proposed by the United States. 
17 Change proposed by Canada and the United States. 
18 Change proposed by Argentina.  G/SPS/W/243/Rev.3 
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  Step C:  Consultation Procedure 
11. Within 45 days of acceptance of the consultations request by the responding Member, the 
consulting Members sh all  should  set a date for a meeting.  Normally the meeting should take place no 
later than the  next regular SPS Committee meeting .19 
12. The role of the Chairperson of the Comm ittee (or designee thereof) is to facilitate 
communication between the consulting Members.20  In that regard, the Ch airperson of the Committee 
(or designee thereof) will consult with both Members regarding the parameters of the consultations, 
including, but not limited to: 
(a) whether it is recommended that technical experts of each consulting Member should 
be present at the consultations; 
(b) whether production of written responses and supplementary questions are  is 
desirable;  and 
(c) whether a mutually acceptable schedule for such submissions and for further 
meetings, if necessary, can be determined. 
13. At no time may the Chairperson of the Committee (or designee thereof) opine on a technical 
issue or on the consistency with any WTO Agreement,  including the Agreement, of a measure(s) or a 
consulting Member’s position on a technical issue(s). 
14. Where a consulting Member identifies a sta ndard, guideline, or recommendation of the  Codex 
Alimentarius Commission, the World Organisation fo r Animal Health (OIE), or the International 
Plant Protection Convention (IPPC), the Chairperson of the Committee (or designee thereof) , after 
consultation with  the consulting Members may jointly21 request the participation of the secretariat of 
the organization whose standard, guideline, or r ecommendation has been invoked to explain the scope 
or content of that standard, guideline, or recommendation. 
15. The consulting Members will endeavour to comp lete the consultations within a reasonable 
period of time, which should not surpass 180 days .22 
16. When one or both23 of the consulting Members wishes to conclude the consultations, the 
Member(s) may do so through written notification to the other consulting Member at any time.  The 
Member(s) will promptly provide written notification to the Secretariat and the Chairperson of the 
Committee (or designee thereof) that th e consultations have concluded. 
17. At the conclusion of the consultations, if approval is obtained from both Members, the 
Chairperson of the Committee will report the genera l outcome of the consultations to the Committee 
in accordance with the established working procedures of the Committee.24  The report will not 
contain confidential information unless both consulti ng Members consent to the inclusion of such 
information as described in paragraph 7. 
                                                      
19 Change proposed by the United States. 
20 In cases where the Chairperson of the Committee is not available to assist the consulting Members, 
and in cases where there may be a conf lict of interest, e.g. because the Chairperson is a national of one of the 
consulting Members, the Chairperson will desig nate a facilitator, after consultation with the consulting 
Members .  Change proposed by the United States. 
21 Changes proposed by the United States. 
22 Change proposed by Canada and the United States. 
23 Change proposed by the United States. 
24 G/SPS/1, paragraph 6. G/SPS/W/243/Rev.3 
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  III. MONITORING 
18. The Secretariat will monitor the use of this pr ocedure, and, in accord ance with paragraph 7, 
will ensure that the Secretariat’s conclusions of such monitoring are reflected in the summary of 
Specific Trade Concerns that the Secretariat annually provides to the Committee (G/SPS/GEN/204). 
IV. REVIEW AND DURATION 
19. 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 years after thei r adoption by the Committee and thereafter as the 
need arises. 
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