WORLD TRADE  
ORGANIZATION  G/SPS/W/206 
23 June 2006 
 (06-3063) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
RELATIONSHIP BETWEEN THE SPS COMMITTEE AND 
THE STANDARD-SETTING BODIES 
 
Submission by New Zealand
 
 
 
 The following communication, received on 22 June 2006, is being circulated at the request of 
the Delegation of New Zealand.  
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1. Introduction 
1. The Committee on Sanitary and Phytosanitary Measures (the “SPS Committee”) completed 
its second review of the operation and implementa tion of the Agreement on the Application of 
Sanitary and Phytosanitary Measures (t he “SPS Agreement”) in June 2005.  
2. It was agreed that the SPS Committee would fo rmulate a work programme to discuss issues 
raised in the review on the basis of papers put fo rward by Members.  In New Zealand’s earlier paper 
(G/SPS/W/179), we proposed the issue around th e relationship between the SPS Committee and 
standard-setting bodies as one of the initial t opics for discussion in the SPS Committee due to its 
cross-cutting nature.  Brazil (G/SPS/W/182) and Colo mbia (G/SPS/W/188) have also subsequently 
submitted papers indicating their suppor t for the discussion of this topic. 
3. The purpose of this paper is to  provide further background and ad ditional material to facilitate 
further consideration by the SPS Committee.  
2. Issues  
4. The SPS Agreement recognises three international organisations as standard-setting bodies to 
facilitate the harmonization of common SPS measures by different Members in the areas of food 
safety, animal health and zoonoses, and plant hea lth.  These three standard-setting bodies, the Codex 
Alimentarius, OIE and IPPC, existed prior to th e SPS Agreement’s entry into force and all have 
mandates that are broader than the remit of the SPS Agreement.  This paper focuses only on those 
aspects of the common areas of interest and the consequent relationship between the SPS Committee 
and the standard-setting bodies. 
5. Focusing on the relationship between the SPS Committee and the international standards-
setting bodies we have identified certain issues th at should be given further consideration and 
discussion within the SPS Committee.   
6. The avoidance of unnecessary duplication is a strong message that is given in the SPS 
Agreement and we would encourage Members to consider how the SPS Committee can operate to 
ensure that unnecessary duplication is avoided. G/SPS/W/206 
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  7. A discussion of the relevant roles of th e SPS Committee and the standard-setting bodies as 
provided in the SPS Agreement is timely, with a particular focus on the technical versus 
administrative processes; the operational versus hi gh level guidance; and specific versus broader 
issues.  We believe this comparison is beneficial  to provide greater clarity with regards to the 
expectations Members have from the SPS Committ ee and the standard-setting bodies.  The SPS 
Committee may, through its focus on broader issues,  be well placed to clarify where there may be 
potential areas of duplication and where opportunities may exist for collaboration. 
8. The principle of harmonization is important in  any discussion on the relationship between the 
SPS Committee and the standard-setting bodies.  We note that there is a legal obligation to base 
Members’ SPS measures on standards developed by the standard-setting bodies unless there is a 
scientific justification or as a consequence of the level of protection a Memb er determines to be 
appropriate.  There is therefore a differential stat us between standards developed by the standard-
setting bodies and decisions made by the SPS Committee, which do not carry this obligation.   
9. The final point for discussion is consideration for Members of the coordination and 
information flows of SPS issues at a national level.  This includes the consideration of how greater 
consistency and coordination can  be achieved between delegati ons to the different fora. 
10. Sections 3 to 6 of this pape r gives further elaboration on these issues and section 7 poses a set 
of questions to assist the SPS Comm ittee in discussion of these issues. 
3. Avoidance of unnecessary duplication 
11. The SPS Agreement explicitly recognizes the need for sound scientific and technical advice in 
order to effectively administer the SPS Agreement.  It recognizes three international standard-setting 
bodies to fulfill this role, the OIE, IPPC and Code x Alimentarius.  Article 12.3 of the Agreement 
requires the SPS Committee to maintain close contact  with these standard-setting bodies to ensure that 
unnecessary duplication of effort is avoided.  The Agreement therefore gives a strong message that such duplication is undesirable.  New Zealand consid ers that it is important for the SPS Committee to 
consider how it can operate to ensure  unnecessary duplication is avoided. 
12. Having noted that duplication is to be avoided,  the question that then follows is "which body 
should undertake which tasks?". It is therefore im portant to clarify relative roles and responsibilities 
of the SPS Committee and the standard-setting bodies.  Section 4 outlines these roles and 
responsibilities. 
4. Roles and responsibilities  
 4.1. SPS Committee 
13. Under Article 12.1 of the SPS Agreement, th e SPS Committee was established to provide a 
regular forum for consultations a nd to carry out the functions necessary to implement the provisions 
of the Agreement and the furtherance of its objectives,  in particular with re spect to harmonization.  
The SPS Agreement identifies a number of specific tasks for the SPS Committee (please refer to the 
annex to this paper for the re levant legal provisions):   
(a) Encouraging and facilitating ad hoc consu ltations or negotiations among Members on 
specific sanitary or phytosanitary issues (Article 12.2).   
(b) Encouraging the use of international sta ndards, guidelines or recommendations by all 
Members and, in this regard, sponsoring technical consultation and study with the  G/SPS/W/206 
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  objective of increasing coordination and in tegration between international and 
national systems and approaches on specific issues (Article 12.2). 
(c) Maintaining close contact with the relevant international organizations in the field of 
sanitary and phytosanitary protection, especia lly with the Codex, OIE and IPPC.  The 
objective is to secure the best availabl e scientific and technical advice for the 
administration of the SPS Agreement and a void unnecessary duplication of effort  
(Article 12.3).  
(d) Granting developing country Members, upon request, specified, time-limited 
exceptions in whole or in part from obliga tions under the SPS Agreement, taking into 
account their financial, trade and development needs (Article 10.3). 
(e) Monitoring and coordinating the process of  international harmonization and the use 
of international standards, guidelines a nd recommendations.  This includes through 
the development of a procedure (Ar ticles 3.4, 12.4, 12.5 and 12.6). 
(f) Reviewing the operation and implementation of the SPS Agreement (Article 12.7). 
(g) Developing guidelines to further the prac tical implementation of Article 5.5 
(Article 5.5). 
(h) Identifying appropriate standards, guide lines and recommendations promulgated by 
other relevant international organisations, for matters not covered by Codex, OIE or 
IPPC (Annex A.3 (d)). 
14. The specific tasks referred to as (b), (c), (e) and (g) in the above paragraph are the most 
relevant to the relationship between the SPS Committee and the standard-setting bodies. 
 4.2. International standard-setting bodies 
15. The SPS Agreement provides some guidance on wh at it sees as the role of the international 
standard-setting bodies in relation to the SPS Committee, in particular:   
(a) Providing scientific and technical advice for the administration of the SPS Agreement 
(Article 12.3).   
(b) Examining specific matters with respect to a particular standard, guideline or 
recommendation requested by the SPS Committee (Article 12.6). 
 4.3. Comparison of roles and responsibilities 
16. These roles and responsibilities of the SPS Commit tee as compared to the standard-setting 
bodies have been categorized previously (s uch as in the SPS Committee’s discussions on 
regionalization) as administration versus technical or  scientific guidance.  This may not be a useful 
distinction in all circumstances as it has been argued that it can difficult to differentiate between these 
categories when specific issues, such as regionali zation, are closely underpinned by technical 
considerations (for example G/SPS/GEN/613, para graph 18). However, these categories can still 
provide useful guidance in many other instances.   
17. Another categorization that New Zealand believes may prove useful in distinguishing 
between the relative responsibilities of the SPS Comm ittee and the standard-setting bodies could be 
operational versus high-level guida nce.  This differentiates between the practical expertise and G/SPS/W/206 
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  technical capability role of the standard-setting b odies and the broad over-arching policy role of the 
SPS Committee. 
18. The SPS Committee may also have a greater focus on  issues that are broader in nature, that is 
they are common to more than one (or all) of the standard-setting bodies.   The SPS Committee may 
be well placed to highlight where duplication coul d be avoided between the standard-setting bodies 
and where opportunities for collaboration could be explored.  These objectives may be achieved by 
the SPS Committee and the standard-setting bodies impr oving the level of monitoring of work carried 
out by the other relevant international bodies.  Areas of duplication could then be identified and 
discussions about potential collaborative initiatives considered.  The SPS Committee may wish to 
make suggestions on how organisations may address these concerns. 
 4.4. Agreements between the SPS Commi ttee and the standard-setting bodies 
19. In May 1998, the Director General of the Worl d Trade Organisation and the Director General 
of the OIE adopted an agreement to establish th e basis for official relations between the two 
organizations.  The agreement between the WTO and the OIE contains a section that states the Secretariats of the OIE and the WTO may agree on the procedure to be followed when the SPS 
Committee submits specific questions to the OIE concerning the standards, guidelines or 
recommendations of the OIE within the meaning of Article 12, paragraph 6, of the SPS Agreement. 
20. There is no such formal agreement between th e WTO and the FAO and/or WHO for the IPPC 
or Codex.  Nevertheless, the WTO maintains excelle nt working relationships with these two standard-
setting bodies.  This raises the question of the utilit y of these formal agreements and what additional 
benefits they deliver.  
5. Harmonization and international standard-setting 
21. Ministers agreed during the Mid-Term Review of the Uruguay Round negotiations that 
harmonization was a key objective.   The importance placed on ha rmonization and the relationship 
with the international standard-setting bodies is re flected in a number of places in the SPS Agreement, 
including a substantive provision (Article 3) and also in the preamble. 
22. The SPS Committee developed a procedure to  monitor the process of international 
harmonization ("the harmonization procedure"), as mandated in Articles 3.5 and 12.4 of the 
Agreement.
 1  At the October 1997 meeting of the SPS Co mmittee, it was agreed to implement the 
monitoring procedure on a provisional basis.  The harmonization procedure was reviewed in November 2004, amended slightly and its impl ementation was extended until July 2006.   
23. Implementation of the provisional harmonizati on procedure aims to encourage Members to 
use international standards, guidelines and recommendations.  Its purpose is to:   
(i) identify where major impacts on trade r esult from non-use of these standards, 
guidelines and recommendations; 
(ii) determine the reasons for the non-use;  and 
(iii) identify, for the benefit of the releva nt international organisations, where a 
standard, guideline or recommendation is needed or is not appropriate for its 
purpose or use. 
                                                     
 
1 G/SPS/11/Rev.1.  G/SPS/W/206 
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  24. This harmonization procedure provides a mech anism for Members to highlight to the 
standard-setting bodies areas through the SPS Committee where standard, guideline or recommendation development or review may be of value to trade interests.  The SPS Committee may invite the relevant standard-setting body to cons ider reviewing the existing standard, guideline or 
recommendation and also to provide informati on on any such document under consideration. 
25. The upcoming review of the harmonization procedur e is of relevance to this consideration of 
the relationship between the SPS Committ ee and the standard-setting bodies. 
6. National level considerations 
26. For many Members, representation at the SPS Co mmittee and at the standard-setting bodies is 
by different people who may work in different ag encies.  As a result, it appears that in some 
circumstances there is a need to ensure coherence of national positi ons at the standard-setting bodies 
and the SPS Committee. 
27. There is an expectation that Members will take a nationally coherent approach to ensure that 
priorities are aligned in the SPS Committee and the standard-setting bodies.
2 
28. New Zealand considers that it is very impor tant that national delegations to the SPS 
Committee and the standard-setting bodies liaise closely and communicate effectively with each 
other.  This should ensure coor dination and consistency of viewpoi nts in all fora and provide for 
effective follow-up of any actions required. 
7. Questions for the SPS Committee to consider 
29. To assist the SPS Committee in discussions , New Zealand puts forward the following 
questions for consideration:   
(i) Through the harmonization procedure, do es the SPS Committee effectively identify 
relevant issues stemming from non-use of st andards, absence of standards, or 
inappropriate standards a nd appropriately prioritize these issues within the SPS 
Committee? 
(ii) As part of this process, how can we ensure that as Members we have clearly 
identified the high level or strategic cause of an issue and that we are not just focusing 
on the subsequent effects of the issue? 
(iii) Is the process used by the SPS Committee to  invite the standard-setting bodies to 
address these concerns clear and efficient?  To what extent can or should the SPS Committee give guidance towards an outcome th at is being sought?  To what extent 
can the SPS Committee provide information, guidance or background to the issue 
(Article 12.6)? 
(iv) What are the most effective mechanisms for the SPS Committee to communicate to 
the standard-setting bodies the importance and priority the SPS Committee places on identified issues? 
                                                     
 
2 G/SPS/11/Rev.1:  "Members will take this informa tion into account, through their participation in 
these international organizations, in estab lishing those organizations' work priorities". G/SPS/W/206 
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  (v) What role does the SPS Committee have in broader issues that are common to more 
than one (or all) of the standard-setting bodies? Is it to ensure consistency in 
interpretation of the SPS Agreement across the standard-setting bodies?   
(vi) Is there a coordinating role for the SPS Committee on these broader issues that might 
best be addressed by the standard-setting bodies? 
(vii) Is reporting back to the SPS Committee by th e standard-setting bodies effective, does 
it meet Members expectations and promote harmonization?  
(viii) Does the SPS Committee have an evaluation role  to assess if the actions taken by the 
standard-setting bodies have resolved an  issue that the SPS Committee has invited 
them to consider?   
8. Proposal 
30. New Zealand proposes that the SPS Committee consid er mechanisms to promote the effective 
use of the standard-setting bodies in the implem entation and administration of the SPS Agreement, 
while avoiding unnecessary duplication of effort.  We further suggest that the SPS Committee discuss 
the optimal process for effective collaboration and communication between the SPS Committee and 
the standard-setting bodies.  In this regard, New Zealand submits the questi ons found in section 8 of 
this communication for the SPS Committee’s consideration.  G/SPS/W/206 
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  ANNEX:  RELEVANT LEGAL PROVISIONS 
 
  Relevant legal provisions can be found in the pr eamble and Articles 3.4, 3.5, 5.1, 6.1, 11.2, 
and 12. 
 
Preamble 
 
Recognizing  the important contribution that international standards, guidelines and 
recommendations can make in this regard;  
 
Desiring  to further the use of harmonized sanitary and phytosanitary measures 
between Members, on the basis of international standards, guidelines and recommendations developed by the relevant  international organizations, including 
the Codex Alimentarius Commission, the International Office of Epizootics, and 
the relevant international and regional  organizations operating within the 
framework of the International Plant Protection Convention, without requiring Members to change their appropriate level of protection of human, animal or plant 
life or health; 
 
Article 3.4 
 
Members shall play a full part, within the li mits of their resources, in the relevant 
international organizations and their subs idiary bodies, in particular the Codex 
Alimentarius Commission, the International Office of Epizootics, and the international and regional organizations operating within the framework of the 
International Plant Protection Convention, to promote within these organizations 
the development and periodic revi ew of standards, guidelines and 
recommendations with respect to all aspects of sanitary and phytosanitary measures. 
 Article 3.5 [emphasis added]  
 
The Committee on Sanitary and Phytosanitary Measures provided for in paragraphs 1 and 4 of Article 12 (refe rred to in this Agreement as the 
"Committee") shall develop a procedure to monitor the process of 
international harmonisation and coordinate efforts in this regard with the 
relevant international organizations . 
 Article 5.1 [emphasis added]  
 
Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstan ces, of the risks to human, animal or 
plant life or health, taking into account risk assessment techniques developed by 
the relevant international organizations .   
 Article 5.5 [emphasis added]  
 
With the objective of achieving consistency in the application of the concept of 
appropriate level of sanitary or phytosanita ry protection against risks to human life 
or health, or to animal and plant life or  health, each Member shall avoid arbitrary 
or unjustifiable distinctions in the levels it considers to be appr opriate in different 
situations, if such distinctions result in discrimination or a disguised restriction on G/SPS/W/206 
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  international trade.  Members shall cooperate in the Committee, in accordance 
with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the 
practical implementation of this provision.   In developing the guidelines, the 
Committee shall take into account all rele vant factors, including the exceptional 
character of human health risks to wh ich people voluntarily expose themselves. 
 
Article 6.1 [emphasis added]  
 
Members shall ensure that their sanitary or phytosanitary measures are adapted to 
the sanitary or phytosanitary characteristi cs of the area - whether all of a country, 
part of a country, or all or parts of several countries - from which the product 
originated and to which the product is destined.  In assessing the sanitary or 
phytosanitary characteristics of a region, Members shall take into account, inter 
alia, the level of prevalence of specific diseases or pests, the existence of 
eradication or control programmes, and appropriate criteria or guidelines which 
may be developed by the relevant international organizations .  
 
Article 11.2 
 
In a dispute under this Agreement involving scientific or technical issues, a panel should seek advice from experts chosen by  the panel in consultation with the 
parties to the dispute.  To this end, the panel may, when it deems it appropriate, 
establish an advisory technical experts group,  or consult the relevant international 
organizations, at the request of either part y to the dispute or on its own initiative. 
 
Article 12.1 
 
A Committee on Sanitary and Phytosanitary Measures is hereby established to provide a regular forum for consultations.  It shall carry out the functions necessary to implement the provisions of th is Agreement and the furtherance of its 
objectives, in particular with respect to  harmonisation.  The Committee shall reach 
its decisions by consensus. 
 
Article 12.2 
 
The Committee shall encourage and facilitate  ad hoc consultati ons or negotiations 
among Members on specific sanitary or phytosanitary issues.  The Committee 
shall encourage the use of internationa l standards, guidelines or recommendations 
by all Members and, in this regard, sha ll sponsor technical consultation and study 
with the objective of increasing coordinati on and integration between international 
and national systems and approaches for approving the use of food additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs. 
 Article 12.3 
 
The Committee shall maintain close cont act with the relevant international 
organizations in the field of sanitary and phytosanitary protection, especially with 
the Codex Alimentarius Commission, the International Office of Epizootics, and 
the Secretariat of the International Plant Protection Convention, with the objective 
of securing the best available scientific and technical advice for the administration of this Agreement and in order to ensu re that unnecessary duplication of effort is 
avoided. 
  G/SPS/W/206 
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  Article 12.4 
 
The Committee shall develop a procedure to  monitor the process of international 
harmonisation and the use of intern ational standards, guidelines or 
recommendations.  For this purpose, the Committee should, in conjunction with 
the relevant international organizations, est ablish a list of international standards, 
guidelines or recommendations relating to sanitary or phytosanitary measures which the Committee determines to have a major trade impact.  The list should 
include an indication by Members of those international standards, guidelines or recommendations which they apply as conditions for import or on the basis of 
which imported products conforming to th ese standards can enj oy access to their 
markets.  For those cases in which a Member does not apply an international standard, guideline or recommendation as a condition for import, the Member should provide an indication of the reason therefore, and, in particular, whether it considers that the standard is not stringe nt enough to provide the appropriate level 
of sanitary or phytosanitary protection.  If a Member revises its position, following 
its indication of the use of a standard, guideline or recommendation as a condition for import, it should provide an explanation for its change and so inform the Secretariat as well as the relevant international organizations, unless such notification and explanation is given acco rding to the procedures of Annex B. 
 Article 12.5 
 
In order to avoid unnecessary dupli cation, the Committee may decide, as 
appropriate, to use the information genera ted by the procedures, particularly for 
notification, which are in operation in th e relevant international organizations. 
 
Article 12.6 
 
The Committee may, on the basis of an initiative from one of the  Members, 
through appropriate channels invite the relevant interna tional organizations or their 
subsidiary bodies to examine specific matters  with respect to a particular standard, 
guideline or recommendation, including the basis of explanations for non-use 
given according to paragraph 4. 
 
Article 12.7 
 
The Committee shall review the operation a nd implementation of this  Agreement 
three years after the date of entry into force of the WTO Agreement, and thereafter 
as the need arises. Where appropriate, the Committee may submit to the Council for Trade in Goods proposals to amend the text of this Agreement having regard, 
inter alia , to the experience gained in its implementation. 
 
 
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