WORLD TRADE  
ORGANIZATION  G/SPS/W/224/Rev.1 
4 September 2008 
 
 (08-4165) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
  
PROPOSED REVISION OF THE PROC EDURE TO ENHANCE TRANSPARENCY 
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR OF DEVELOPING 
COUNTRY MEMBERS (G/SPS/33) 
 
Note by the Secretariat
1 
 
Revision  
 
 
INTRODUCTION 
 
1. In October 2004, the Committee on Sanitary and Phytosanitary Measu res ("the Committee") 
adopted a procedure to enhance transparency of  special and differential treatment within the 
Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") 
(G/SPS/33, hereinafter referred to as the "S&D Transp arency Procedure").  This decision provided for 
a review of the implementation of the S&D Transparen cy Procedure within one year of its adoption.   
2. In February 2006, the Committee decided to ex tend the S&D Transparency Procedure as 
adopted in October 2004 and to review its implementa tion no later than at its first regular meeting in 
2008, with a view to deciding then whether to continue with the same procedure or introduce 
modifications. 
3. In March 2008, the Committee decided to revert  to its review of the S&D Transparency 
Procedure following confirmation of the ad referendum decision to revise the recommended 
transparency procedures (G/SPS/W/215/Rev.2).  Th is latter decision was confirmed on 30 May 2008 
(G/SPS/7/Rev.3). 
4. On 6 June 2008, the Secretariat circulated a proposed revision to the S&D Transparency 
Procedure reflects proposals informally submitted by Egypt (Job(07)/104), m odifications related to 
the change in the recommended transparency pro cedures in general (G/SPS/7/Rev.3), and relevant 
discussions in the SPS Committee (G/SPS/W/224).  Members were invited to comment on this 
proposed revision, both at the meeting of June 2008 and subsequently in writing.  This document 
reflects the comments by Members.  Proposed add itions to the text of G/SPS/W/224 are underlined, 
proposed deletions are struck-through.  Explanati ons provided by Members for the proposed changes 
are included in footnotes. 
                                                      
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. G/SPS/W/224/Rev.1 
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  PROCEDURE TO ENHANCE TRANSPARENCY OF SPECIAL AND DIFFERENTIAL 
TREATMENT IN FAVOUR OF DEVELOPING COUNTRY MEMBERS 
 
Proposed Decision by the Committee
 
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Recalling that paragraph 1 of Article 10 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreemen t") states that in the preparation and application of sanitary or 
phytosanitary measures, Members sh all take account of the specia l needs of developing country 
Members, and in particular of th e least-developed country Members; 
 Seeking to develop effective, concrete and operational means to facilitate the implementation of this 
provision; 
 
Recognizing  the difficulties that Member s, and in particular developi ng country and least-developed 
country Members, may face in adapting their produ cts and methods of production to new or changed 
requirements of im porting Members;  
 Recognizing  also the need to make transparency procedures more effective and operational for 
developing country Members, and in par ticular least-developed country Members; 
 Noting  that the provision of technical assistance, as referred to in Article 9 of the Agreement, may 
assist Members adapt their products and methods of production to new or changed requirements; 
 
Recalling  that paragraph 2 of Article 9 of the Agreement indicates that where substantial investments 
are required in order for an exporting developing coun try Member to fulfil the sanitary or phytosanitary 
requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to main tain and expand its market access opportunities for 
the product involved;  
 
Recalling  that the Committee's regular agenda items  on the "Implementation of Special and 
Differential Treatment" and on the "Operation of Tr ansparency Provisions" provide opportunities, on 
an on-going basis, for raising concerns or assessing progress with respect to the implementation of the 
procedure to enhance transparency of special a nd differential treatment in favour of developing 
country Members; 
 
Seeking to facilitate the use
 Regretting  that little use has been reported  of the procedure to enhance 
transparency of special and differential treatment in favour of developing country Members since its 
initial adoption in 2004;   Encourages Members to make full use of this procedure and thereby to also contribute to enhanced 
transparency with respect to special and differe ntial treatment and/or technical assistance being 
offered or provided upon request;  and 
 
Decides
 that the following revised procedures should be  followed to enhance tr ansparency of special 
and differential treatment in favour  of developing country Members : 
 
 1. The procedure to enhance transparency of sp ecial and differential treatment in favour of 
developing country Members essentially follows th e relevant current practices and recommendations  G/SPS/W/224/Rev.1 
 Page 3 
 
 
  regarding the submission and handling of notificatio ns as described in G/SPS/7/Rev.3, with additional 
actions included as Steps 5, 6 and 7. 
2. The Committee shall review the implementation of this procedure, in light of the experiences 
of Members and the submission of notifications, as an  integral part of its periodic Review of the 
Operation and Implementation of the Agreement under Ar ticle 12.7.  The next such Review is to be 
completed in 2009, and every four years subsequently. 
3. This procedure is without prejudice to th e rights and obligations of Members under 
Article 10.1 of the SPS Agreement.  The Committee recognizes  that this procedure does not fully 
resolve the issue of special and differential treatment , but that it is one step in addressing the problem 
of implementation of the special and differentia l treatment provisions of the Agreement.  The 
Committee agrees to consider other proposals and possible actions. 
 Step 1 .  A Member preparing a new or a modification to an existing SPS regulation 
shall submit a notification to the WTO Secretariat,  following the guidance provided in Annex B of the 
SPS Agreement and G/SPS/7/Rev. 3.  The notification should be made when a draft with the complete 
text of the proposed regulation is available;  such notification shall  should2 take place at an early 
stage, and when amendments can still be introduced  and comments taken into account.  The notifying 
Member should provide in Box 3 of the notificat ion format a clear description of the products 
covered, including tariff item numbers where possible.  The notifying Member should also complete Box 4, identifying the geographical regions or countri es likely to be affected by the notified regulation 
to the extent relevant or practicable.  The no tifying Member should include in Box 10 the proposed 
date of publication of the notified re gulation, and identify in Box 11 the proposed date of its entry into 
force.  Except in urgent circumstances
3, the notifying Member shall allow a reasonable interval, 
normally a period of not less than six months, betw een the publication of a sanitary or phytosanitary 
regulation and its entry into force in order to a llow time for producers in exporting Members, and 
particularly in developing country Members, to adapt their products and methods of production to the 
requirements of the importing Member.4  The notifying Member should identify in Box 12 the final 
date for receiving comments and the agency respons ible for handling comments.  The Member shall 
normally allow a period of at least 60 days for comment, except for proposed measures which facilitate trade and those which are substantially the same as an international standard, guideline, or 
recommendation.  Any Member which is able to provi de a time-limit beyond 60 days is encouraged to 
do so. 
 Step 2
.  The Secretariat will circulate the notific ation with the minimal delay possible.  
The Secretariat will provide paper copies of the no tification to the permanent missions of all WTO 
Members, and mail paper copies to one other designated address if so requested by a Member.  The notification will be posted on bot h the "Members' Only" and the public web sites of the WTO, 
including through the SPS Information Management  System (http://spsims.wto.org) and will be 
                                                     
 
2 The reference may be to both mandatory notifications and those which are encouraged in the 
Committee's recommendations (eg., measures based on intern ational standards), and these latter notifications do 
not necessarily have to take place at an early  stage in the development of the regulation. 
3 This addition would make the phrase consistent  with the Ministerial Decision (WT/MIN(01)/17, 
paragraph 3.1. 
 4 Paragraph 3.2 of the Ministerial Decision (WT/MIN(01)/17) states:  
"Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the 
Application of Sanitary and Phytosanitary Measur es, the phrase "reasonable interval" shall be 
understood to mean normally a period of not less than 6 months. It is understood that 
timeframes for specific measures have to be considered in the context of the particular 
circumstances of the measure and actions necessa ry to implement it. The entry into force of 
measures which contribute to the liberalization of trade should not be unnecessarily delayed."  
 G/SPS/W/224/Rev.1 
Page 4  
 
  electronically sent within one week of circul ation to all addresses on the SPS self-subscribing 
electronic mailing list (in the language received by th e Secretariat).  The notification will be included 
in the monthly summary of SPS notifications circulated by the Secretariat.  If a developing country Member has difficulties in receiving and distributi ng notifications after receipt, the Member should 
inform the Secretariat thereof and propose how the national enquiry point could be improved. 
 Step 3
.  If a Member with an interest in exporting the products affected by the 
notification identifies a concern with the content of the notification, the exporting Member should 
contact the notifying Member, preferably5 within the comment period, to seek additional information 
with respect to the notified measure and to identif y their concerns.  If the exporting Member requests 
an extension of the comment period, the notifying Member should grant requests for extension of the 
comment period wherever practicable, in particular w ith regard to notifications relating to products of 
particular interest to developing country Member s, where there have been delays in receiving and 
translating the relevant documents or where there is  a need for further clarification of the measure 
notified.  A 30-day extension should norm ally be provided and notified to the WTO. 
 Step 4 .  The notifying Member should acknowl edge receipt of the request for an 
extension of the comment period, or for additional in formation, and explain within a reasonable period 
of time, and at the earliest possible date  before the adoption of the measure,  to any Member from which 
it has received comments, how it will take these co mments into account and, where appropriate, provide 
additional relevant information on the proposed sanitary or phyto sanitary regulation, including  such as6 
information related to testing and insp ection of the product(s) in question. 
 
 Step 5 .  If an exporting Member identifies significant difficulties with the proposed 
measure, that Member  may in its comments7 request, in writing, an opportunity to discuss and resolve 
the potential difficulty with the notifying Member.  In  response to such a written request, the notifying 
Member will contact the appropriate officials of the exporting Member and, upon request, enter into 
bilateral discussions to attempt to resolve the issue of concern.  In the case of such a request from an 
exporting developing country Member,  the notifying Member will in any discussions examine 
whether and how the identified problem could best be addressed to take into account the special needs 
of the interested exporting developing country Me mber.  Resolution of the concern identified could 
include one of the following, or a combination thereof:   (1) a change in the measure to be applied on a 
MFN basis;  (2) the provision of technical assistance  to the exporting Member;  or (3) the provision of 
special and differential treatment.  Should special and differential treatment be provided, it would 
apply equally to all developing country Members.8  
  Step 6
.   If, following the entry into force of a new or modified regulation (including 
an emergency measure), an exporting Member identif ies significant difficulties which its exports face 
                                                      
5 The inclusion of the word "preferably" is not in the interest of developing country Members.  While 
Members can communicate concerns they have with a measure of another trading partner at any time , it is in 
their best interest to do so within the comment period when comments can still be taken into account.  It may be 
difficult if not impossible for the notifying Member to take developing country concerns into account if they raise these concerns after the comment period has ended and the measure has been adopted.  Furthermore, the 
possibility of a Member identifying a concern following th e adoption of a measure is addressed in Step 6 of the 
procedure. 
6 This change would reflect the fact  that not all concerns with an SPS measure relate to inspection and 
testing. 
 7 The proposed deletion of these words was objected to on the grounds that it would be difficult for 
notifying Members to adjust  proposed regulations to take developi ng country concerns into account if the 
regulation had already been adopted.  In particular, it may be difficult to apply a change in a measure on a MFN 
basis or to provide special and differential treatment if the regulation has been adopted.    
8 A question has been raised regarding the criteria fo r the granting of special and differential treatment 
to all developing country Members, i.e., which defi nition of developing countries should apply.    G/SPS/W/224/Rev.1 
 Page 5 
 
 
  in complying with the new regulation, it may requ est an opportunity to discuss its difficulties with the 
importing Member to attempt to resolve the issu e of concern, especially where no time, or an 
insufficient period of time, has been provided for co mments.  In the case of such a request from an 
exporting developing country Member,  the importing Member will, in any discussions,  examine 
whether and how the identified problem could best be addressed  to take into account the special needs 
of the interested exporting developing country Member,  so as to enable it to satisfy the requirements 
of the measure.  Resolution of the concern identified could include one of the following, or a combination thereof:  (1) a change in the measure to be applied on a MFN basis;  (2) the provision of 
technical assistance to the exporting Member;  or (3) the provision of special and differential treatment.  Should special and di fferential treatment be provided,  it would apply equally to all 
developing country Members.
9 
  Step 7
.  When a decision is taken on whet her and how special and differential 
treatment may be provided for a final measure in response to specific requests, the notifying Member 
should promptly submit to the WTO Secretariat an  Addendum to its original notification.  The 
Addendum shall indicate:  (1) if special a nd differential treatment was requested;  (2)  the name(s) of 
Member(s) that requested special and differential tr eatment;  (2) if special and differential treatment 
was provided, the form of such treatment;  and (3 ) if not provided, the Addendum shall indicate why 
special and differential treatment was not provided and whether technical assistance or any other solution was found to address the identified concern.   A format for the Addendum is contained in 
Annex 1.
 10 
 
 Step 8 .  The Addendum to the notification shall be circulated by the WTO Secretariat 
in the same manner as the notification.   Step 9.
  Any Member receiving special and differential treatment or technical 
assistance should inform the notifying Member and th e SPS Committee of the sufficiency or value  of 
the treatment they have received.  
 
                                                      
9 Ibid. 
10 It has been suggested that the addenda on special  and differential treatment should have a distinct 
symbol so as to distinguish them from other addenda to notifications. G/SPS/W/224/Rev.1 
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  ANNEX 1 
  
 
WORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
 
 
NOTIFICATION  
 
Addendum  
 
  The following communication, received on DD/MM/YY, is being circulated at the request of the Delegation of [Member].  
_______________  
 
 Title outlining what the SPS measure or product is
 
  [Text describing any modification to the notified measure.]   Special and Differential Treatment  
 
 (1) Special and differential treatment requested 
 [   ] Yes   [   ] No   
 
 (1) Name(s) of Member(s) that request ed special and differential treatment 
  (2) Special and differential treatment provided [   ] Yes  [   ] No 
  Describe how such treatment was provided, including what form it took. 
 
 (3) If special and differential treatment was not provided, indicate why it was not 
provided and whether technical assistance or  any other solution was found to address 
the identified concern. 
 
 Text available from:  [  ] National Notification Authority, [  ] National Enquiry Point, or 
address, fax number and E-mail addr ess (if available) of other body
: 
 
 
__________