WORLD TRADE  
ORGANIZATION  G/SPS/GEN/822 
25 February 2008 
 (08-0823) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
CONSIDERATIONS RELEVANT TO PRIVATE STANDARDS IN THE FIELD  
OF ANIMAL HEALTH, FOOD SAFETY AND ANIMAL WELFARE 
 
Submission by the World Organization for Animal Health (OIE)
 
 
 
 The following communication, received on 14 Fe bruary 2008, is being circulated at the 
request of the OIE. 
 
_______________ 
 
 1. The World Organization for Animal Health (OIE ) is the international reference organization 
for the safety of trade in animals and animal pr oducts worldwide, a role recognized by the WTO 
through formal reference in the WTO Agreement on the Application of Sanitary and Phytosanitary 
Measures (the SPS Agreement).  In the context of its normative role in SPS standard setting, the OIE 
notes with concern that the so-called private standards are increasingly coming into play in 
international trade.  Based on discussions w ithin the SPS Committee and other fora, the OIE 
understands that some private standards relate to sa nitary measures (plant he alth, animal health and 
food safety), some cover animal welfare, and ot hers address issues such as protection of the 
environment and labour practices.  This paper discusses the implications of private standards for 
animal health, food safety and animal welfare. 
 
Consistency with SPS Obligations? 
 
2. The OIE standards are developed on the basis of a scientific risk assessment and adopted 
through the democratic procedures of the OIE.  In contrast, private standards, which are mainly based 
on commercial quality schemes, are developed to meet  the needs of commercial parties (especially 
supermarkets) and consumers and te nd towards a non-scientific, zero-risk, marketing approach that is 
not consistent with the disciplines of the SPS Agreement.  3. The OIE views with concern the entry into effect of private standards in the fields of animal 
health, food safety and animal welfare.  Privat e standards have not, to date, been tested for 
compliance with the disciplines of the SPS Agreement a nd there is reason to believe that many private 
standards are not consistent with SPS obligations.  Growth in the implementation of private standards 
could undermine the hard won improvements in market access arrangements that followed the 
establishment of the SPS Agreement in 1995. 
 
4. There are reasons to consider that private sta ndards in the sanitary field represent unjustified 
restrictions to trade.  The implementation of priv ate standards effectively introduces new (or stricter) 
sanitary measures, compared with those applie d by the Competent Authority according to the 
recommendations of relevant international standa rd-setting bodies (OIE, Codex and IPPC).  The 
private standards may or may not be applied in a consistent manner to domestic and imported goods, 
or to all exporters, potentially leading to discriminatory treatment of certain products or countries.  
The OIE considers that private standards seldom ha ve a scientific basis, especially if they are G/SPS/GEN/822 
Page 2  
 
  introduced for purely commercial reasons (e.g. to di fferentiate in the marketplace products that are 
equivalent in sanitary terms).  Moreover, priv ate standards are essentially private transactions, 
primarily between suppliers and re tailers, and may not, therefore be  implemented or managed in a 
transparent manner (as the objective is to establish a preference for products from certain producers, 
there is little to be gained by publishing details of how the supposed positive characteristics have been 
obtained).  There is no obligation and sometimes little possibility (as they are part of confidential 
specifications / contractual commercial terms a nd conditions) for governments to notify trading 
partners or to provide an opportunity for them to comment on private standards, including those that relate to health risks. 
Disproportionate effect on developing countries 
5. Many studies have noted that the main problem w ith private standards is the relatively high 
cost of certification required, which is particul arly burdensome for small producers and there are 
many more small producers in developing countries.  Another concern is that many private standards 
tend to require the use of specific processing and t esting techniques that are based on state-of-the-art 
technologies not available (or too costly) for small producers.  A further concern that has emerged 
from studies is that export consignments from many developing countries are consolidated from many 
small producers - and some of the private schemes re quire that the individual producer be certified, 
rather than accepting certification of exporters in aggregate.  6. In addition, developing countries are often less capable of mounting arguments against 
measures that are considered to be inconsistent with SPS obligations.  Big companies in developed 
countries tend to be proactive in seeking market opportunities.  Through intensive market research, 
such companies may find out about private standards and fairly quickly take steps to meet them or seek modifications that allow them to comply, while small enterprises and those in developing 
countries may be unaware of the existence of privat e standards, or learn about them long after their 
competitors, by which time both the opportunity to  present alternative approaches and the potential 
market access have been lost. 
 7. As previously stated, the OIE standards are developed on the basis of a scientific risk 
assessment and adopted through the democratic procedures of the OIE.  For the purposes of 
international trade, consignments of animals a nd animal products are accompanied by veterinary 
certification that provide needed guarantees releva nt to animal health and public health risks 
associated with animal pathogens (zoonotic diseases).  While countries may adopt different 
administrative models (the Veterinary Authority may,  for example, authorize private veterinarians to 
provide elements of sanitary certification to official  veterinarians), the validity and credibility of the 
certification system rests with the national Veteri nary Authority, which is also responsible for 
compliance with OIE standards and SPS disciplines in the case of OIE and WTO Member countries. 
 
8. In contrast, private standards, which are mainly based on commercial quality schemes, 
depend upon the wishes of commercial parties and consumers and tend towards a non-scientific, 
"zero-risk", marketing approach that is likely to  stifle trade in animals and animal products.  
Certification in regard to these schemes is th e responsibility of private organizations, not of a 
Competent Government Authority.  Commercial c onsiderations underpin the validity and credibility 
of private certification schemes and there is no ob ligation to comply with OIE standards or SPS 
disciplines.  
Private standards for animal welfare 
 
9. The OIE is aware that some private standard s relate to animal welfare and these warrant 
specific mention.  The OIE has, si nce 2001, assumed a leadership role in  regard to the elaboration of 
international animal welfare standards.  This mandate was granted by 172 OIE members in the  G/SPS/GEN/822 
 Page 3 
 
 
  knowledge that animal welfare is closely linked to animal health and that better animal welfare can 
have a positive effect on food safety and quality.  Moreover, animals managed in accordance with the 
OIE recommendations on animal welfare may be mo re productive, with associated benefits for food 
security and poverty alleviation.  
10. Animal welfare measures, like sanitary measu res, should be based on sound science and 
implemented in an open and transparent manner.  11. The OIE does not prescribe the systems to be used  to deliver good animal welfare outcomes.  
Rather the OIE aims to establish guiding principl es and practices, which can be applicable to 
Members having varying social, economic, religious and cultural contexts.  This approach also 
facilitates decisions on equivalence of systems to  achieve the desired objectives – which should be 
based on the outcomes for the animal , not on the design of the system. 
 12. Animal welfare measures are not sanitary m easures as defined in the SPS Agreement.  
However, animal health, animal welfare, food pr oduction and food safety are all linked.  The OIE 
encourages Members to give effect to the OIE democratically adopted animal welfare recommendations within their territories, through legi slation or other means (e.g. private sector codes 
of practice) and encourages trading partners to u se the OIE recommendations as a reference point in 
negotiating market access and trade agreements.  
13. The OIE rejects private animal welfare standard s that lack a proper scientific basis.  Such 
measures may not have a beneficial effect for the animals and may even have a negative effect on welfare if industries or sectors are obliged to implem ent prescribed standards that are inappropriate to 
the animal health and environmental conditions of the exporting country.  Conclusions and recommendations 
14. The OIE has serious concerns about the potential for private standards to have trade limiting 
and trade distorting effects.  The OIE therefor e recommends that the SPS Committee analyze the use 
of those private standards that relate to health a nd safety in international trade and ascertain if this 
practice is increasing globally or within certain regions.  If this is the case, it will be important to analyze if and how private standards are undermini ng the operation of the SPS Agreement.  While this 
is a global issue, the OIE recommends that the SPS Committee focus on the effects that private 
standards are having on developing countries’ capacities to access markets.  15. In the OIE’s view, the SPS Committee should be used as a forum for countries to identify and 
discuss specific problems that they have experience d relating to private standards.  Countries and 
other organizations could also use this forum to shar e the results of relevant studies.  On the basis of 
discussion, it may be possible for the SPS Committee to develop recommendations on future action for Members’ consideration.  16. The OIE considers that it is important to prevent the haphazard introduction of non science-
based measures, in relation to both animal health and welfare.  With this in mind, the OIE urges 
countries, regional organizations and international organizations to strongly support the OIE’s 
standards, including its recommendations on animal we lfare, as the appropriate references for the 
purpose of international trade.  
__________