RESTRICTED  WORLD TRADE  
ORGANIZATION  G/SPS/R/51 
27 August 2008 
 
 (08-3973) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
SUMMARY OF THE MEETING OF 24-25 JUNE 2008 
 
Note by the Secretariat
1 
 
Table of Contents  
 
Page   
I.
 ADOPTION OF THE AGENDA.............................................................................................3  
II. ACTIVITIES OF MEMBERS.................................................................................................3  
III. SPECIFIC TRADE CONCERNS ...........................................................................................6  
(a) New issues ..................................................................................................................... .............6  
(b) Issues previous ly raised ....................................................................................................... .......8  
(c) Consideration of Specific Notifications Received ....................................................................10  
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.8 ..............................................10  
IV. OPERATION OF TRANSPARENCY PROVISIONS (G/SPS/7/REV.3)..........................10  
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT ................11  
(a) Chairman's Report on Informal Meeting ..................................................................................11  
(b) Review of the Operation of S&D Transparency Procedure (G/SPS/33, G/SPS/W/224)..........13  
VI. EQUIVALENCE.................................................................................................................... .13 
(a) Information from Members on their Experiences.....................................................................13  
(b) Information from Relevant  Observer Organizations ................................................................13  
VII. ARTICLE  6 - PEST OR DISEASE-FREE AREA..............................................................14  
(a) Information from Members' on their Experiences ....................................................................14  
(b) Information from Relevant  Observer Organizations ................................................................15  
VIII.  TECHNICAL ASSISTANCE AND COOPERATION .......................................................15  
(a) Information from the Secretariat............................................................................................... 15 
(b) Information from Members....................................................................................................... 17 
(c) Information from Observers ..................................................................................................... 17 
IX. OTHER ISSUES ARISING FROM THE REVIEW OF THE OPERATION OF 
THE SPS AGREEMENT.......................................................................................................18  
                                                      
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the positions of Members or to their rights or obligations under the WTO. G/SPS/R/51 
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  (a)
 Use of Ad Hoc Consultations ...................................................................................................1 8 
(b) Relationship between the SPS Committ ee and Codex, IPPC and OIE.....................................20  
X. MONITORING THE USE OF INTERNATIONAL STANDARDS..................................20  
(a) New issues ..................................................................................................................... ...........20  
(b) Issues previous ly raised ....................................................................................................... .....21  
(c) Adoption of annual report (G/SPS/W/223)...............................................................................21  
XI. CONCERNS WITH PRIVATE AN D COMMERCIAL STANDARDS............................22  
(a) Report of the informal meeting................................................................................................. 22 
XII. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS ................................................................................................................26  
XIII.  OBSERVERS – REQUESTS FOR OBSERVER STATUS ................................................27  
XIV.  CALENDAR OF MEETINGS FOR 2009 ............................................................................27  
XV. OTHER BUSINESS................................................................................................................2 7 
XVI.  DATE AND AGENDA OF NE XT MEETING.....................................................................27  
  G/SPS/R/51 
 Page 3 
 
 
  I. ADOPTION OF THE AGENDA 
1. The Committee on Sanitary and Phytosanitary Measures (the "Committee") held its forty-
second regular meeting on 24-25 June 2008.  The pro posed agenda for the meeting was adopted with 
amendments (WTO/AIR/3208). 
II. ACTIVITIES OF MEMBERS 
United States – Food Protection Plan 2. The representative of the United States reported that the Food and Drug Administration 
(FDA) has established a public docket to receive  information and comments related to the Food 
Protection Plan (FPP), a strategy to protect the nation's food supply.  The FPP is based on three core elements:  prevention, intervention, and response.   Comments will be accepted until 31 July 2008, and 
can be submitted to the FDA through the website http://www.regulations.gov
, docket number 2008-N-
0188. 
Canada – Update on Outbreak of Highly Pathogenic Avian Influenza in Saskatchewan 
3. The representative of Canada provided an upda te on the outbreak of highly pathogenic avian 
influenza (H7n3) in the province of  Saskatchewan, first reported to the Committee in October 2007.  
In response to the outbreak, the Canadian Fo od Inspection Agency had implemented movement 
controls, the humane depopulation of birds on infected farms, and cleaning and disinfection of premises.  In addition, a surv eillance programme had been implemented.  These actions were 
consistent with OIE's recommendations and guidelin es.  In April 2008, Canada notified to the OIE 
that no further cases of avian influenza had been detect ed after more than ninety days.  Canada's final 
report on the outbreak is available at the OIE's web site.  Furthermore, Canada announced the 
recently-established Canadian Notifiable Avian In fluenza Surveillance System (CanNAISS), which 
provides information about notifiable avian influe nza viruses in Canada's domestic poultry flocks.  
This surveillance system is compulsory for Canadian poultry farmers and processors wanting to participate in international trade.  Complete info rmation about Canada's Av ian Influenza Surveillance 
System is available at the web site http://www.inspection.gc.ca
.  Canada requested Members to 
review and remove any trade rest rictions on Canadian products wh ich are currently in place due to 
avian influenza concerns. 
Switzerland – Update on the BSE Situation 
4. The representative of Switzerland reported th at no new cases of Bovine Spongiform 
Encephalopathy (BSE) had been detected in the co untry during 2007 or in the first six months of 
2008.  This was a result of Switzerland's implementa tion of strict measures on mitigation, surveillance 
and eradication of BSE risks.  In May 2006, the OIE officially classified the country as a controlled 
BSE risk.  Based on OIE's classification, and in accordance with Chapter 2.3.13 of the Terrestrial 
Animal Health Code, Switzerland requested all tradi ng partners to remove any remaining restrictions 
on the importation of Swiss cattle genetics, meats, and meat products.  (See document 
G/SPS/GEN/844). 
Paraguay – Updates on BSE and FMD Status 
5. The representative of Paraguay provided info rmation on the BSE and Foot and Mouth 
Disease (FMD) status of his country.  In 1996, the National Animal Health Service established an epidemic surveillance system, in conformance wi th OIE's recommendations and guidelines.  In 
addition, Paraguay built and equi pped laboratories, trained officials, and undertook actions which 
enabled the country to reach a Risk One level, according to the European system.  Paraguay was G/SPS/R/51 
Page 4  
 
  recognized during the 76th OIE meeting in May 2008 as having a "negligible" BSE risk status.  With 
respect to FMD, the OIE had classified Paraguay as a disease-free area with vaccination.  Paraguay has undertaken several measures to  maintain its status, including the establishment of buffer zones 
with bordering countries. 
Brazil – Update on FMD Status 
6. The representative of Brazil reported that the OIE had recognized two Brazilian zones as free 
of FMD with vaccination.  These two zones comprise d the Federal District and ten Brazilian Federal 
States:  Paraná, São Paulo, Goiás, Mato Grosso, Tocantins, Minas Gerais, Rio de Janeiro, Espírito 
Santo, Bahia, Sergipe.  The recognized FMD-free z ones, with vaccination, cover 55 per cent of the 
Brazilian territory, where 79 per cent of the cattle  population and 83 per cent of the swine population 
are located.  Brazil urged WTO Members to rec ognize its FMD-free zones b ased on OIE's Resolution 
XVII. 
Bolivarian Republic of Venezuela – Comp rehensive Agricultural Health System 
7. The representative of the Bolivarian Republic of  Venezuela reported that, with a view to 
establishing a new conceptual theoretical-philosoph ical framework based on the quality of the soil, 
water, air and people's health, certain institutional and State projects were relevant.  These included: 
(a) implementation of a new comprehensive agricu ltural health system, which favoured involvement 
of animal and plant producers through communal councils, farmers' counc ils, and comprehensive 
animal and plant health councils, in campaigns on prevention, control and eradication of the main 
diseases and pests (FMD, brucellosis and avian infl uenza);  (b) development of a sovereignty and 
defence system;  (c) creation and development of a national network of diagnostics and phytosanitary 
and zoosanitary biological resource production labo ratories;  and (d) introduction of a national 
technical geo-referencing platform to keep offici al information up-to-date.  More information on 
Venezuela's Comprehensive Agricultural Health System was provided in document G/SPS/GEN/854. 
Belize – Classical Swine Fever Free Status 
8. The representative of Belize reported its self-declaration of freedom from classical swine 
fever (CSF).  The last occurrence of the disease in the country dated back to 1988.  Since then, Belize 
had adopted appropriate measures to prevent the re introduction of the disease and to enable its early 
detection.  A CSF eradication programme was in itiated in 1998 with funds provided by the OIRSA 
PREFIP I and II projects and the EU-CARICOMFORU M CSF project.  Epidemiological surveillance 
systems in Belize followed international guidelines,  and the country had de veloped an Emergency 
Preparedness and Response Plan in 2000, which was updated in 2004.  Surveys undertaken in 2000 
and 2004 through the collection of 3,390 and 2,523 samp les, respectively, indicated negative results to 
CSF.  Based on a series of achievements, Belize had scientific documentation for its declaration of CSF-freedom. 
Belize – FMD Free Status 
9. The representative of Belize reported that the OIE, at its 76
th General Session in May 2008, 
had recognized the country as free from FMD without v accination.  In this regard, Belize encouraged 
Members to comply with the provisions of the SPS Agreement and to recognize Belize's FMD-free 
status. 
Mexico –BSE Status 
 
10. The representative of Mexico provided information on its BSE status (G/SPS/GEN/858).  In 
May 2008, the OIE recognized Mexico as a "contr olled" BSE risk, in accordance with Chapter  G/SPS/R/51 
 Page 5 
 
 
  2.3.13.4 of the OIE Terrestrial Animal Health Co de.  Mexico believed that its new status would 
provide the opportunity to export bovine genetic components, as well as meat and meat products, to 
new markets.  Mexico requested Members to rem ove any import restrictions applied to Mexican 
bovine products. 
Haiti – Sanitary Information 
 
11. The representative of Haiti reported that at the end of May 2008, a number of suspected cases 
of avian influenza were identified, involving chic kens and a turkey infect ed with the H5N2 low 
pathogenic virus.  The outbreaks were confirmed on 5 June 2008 by a laboratory in Iowa, United 
States.  The eleven cases were sp read throughout the following towns and areas:  Tilory (Centre), 
Baskin (Sud), Vertières, Saint Michel and Tozen (N ord).  Measures had been undertaken in order to 
contain the outbreaks within the country. 
12. The representative of Haiti noted that his country  had implemented a control program for the 
fruit fly ( Anastrepha obliqua  species) which continued to be high ly effective.  Francisque mangoes 
were once again being exported to several markets,  including Canada, France and Spain.  He noted 
that in July 2007, some larvae of fruit fly were found in mango exports to the United States.  After 
receiving technical assistance and implementing the necess ary actions, this risk had been eliminated.  
More information regarding Haiti’s control progr ammes, including field work and analysis in 
laboratories, could be obtained from experts in the capital.  
Malawi – Enquiry Point and International Standards Situation 
 
13. The representative of Malawi reported that hi s country had successfully established an SPS 
Enquiry Point.  This had been achieved by stre ngthening communication with the private sector and 
creating a national committee on non-tariff barriers (N TBs).  This national committee would discuss 
inter alia  SPS matters.  With respect to compliance with international standards, Malawi had 
improved its capacity to control the aflatoxin levels  in its products, specially in nuts.  A workshop 
sponsored by the Commonwealth Secretariat had been  conducted in the country on the application of 
the IPPC evaluation tool, and on G ood Agricultural Practices (GAP).  The representative of Malawi 
thanked SACAU for sponsoring his partic ipation in the SPS Committee meeting. 
Chile – Information about Implementation of the WTO SPS Agreement vis-à-vis Bilateral Agreements 
 
14. The representative of Chile reported that the b ilateral agreements w ith SPS provisions which 
Chile had entered into had a complementary role in the implementation of the WTO SPS Agreement.  
These agreements had simple provisions based on th e WTO SPS Agreement principles.  Their scope 
also included administrative matters, and in some ca ses, dispute settlement and technical cooperation.  
For most of the agreements, a committee had been es tablished for better administration of the parties' 
commitments.  Chile had negotiated Free Trade Agre ements with Canada, Central America, China, 
Japan, Korea, Mexico, Panama, United States and EFTA.  Association Agreements had been 
negotiated with the European Union, New Zealand, Singapore, and Brunei Darussalam.  Complementary Agreements had been negotiated with Argentina, Bolivia, MERCOSUR, Peru, and 
Venezuela.  An agreement with India was partia lly achieved.  There were agreements still under 
negotiation or awaiting domestic adoption with:  Australia, Colombia, Ecuador, Malaysia, and 
Turkey.  More information on the texts of the refe rred agreements was available from the web site of 
the Ministry of Foreign Affairs, http://www.direcon.cl
.  Agreements had been reached on an 
institutional level with Algeria, Australia, Br azil, Cuba, Dominican Republic, Israel, Morocco, 
Nicaragua, Paraguay, Sri Lanka, a nd Uruguay.  More information was available from the Agriculture 
and Livestock Service (SAG) web site at http://www.sag.gob.cl . G/SPS/R/51 
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  III. SPECIFIC TRADE CONCERNS 
(a) New issues 
Japan's Pesticide Maximum Residue Level (MRL)  Enforcement System – Concerns of the United 
States 
15. The representative of the United States noted that  in May 2006, Japan's Ministry of Health, 
Labour and Welfare (MHLW) imposed a testing and sanctions policy that in volved increased testing 
(30 per cent country-wide) after the occurrence of one  MRL violation.  If a second violation involving 
the same pesticide and commodity occurred within one year of the first, a 100 per cent test-and-hold 
policy was enforced on all exports of that commodi ty from that country.  The United States believed 
that the sanctions under inspection and control prog rammes should be limited to  the violating supplier 
as long as there was no indication that a country-wide problem existed.  The United States considered 
that this would be the least trade restrictive measure  and the most appropriate policy.  This was also 
the policy applied by the United States itself.   
16. The representative of China supported the concer ns raised by the United States and invited 
Japan to provide scientific justification for its m easure, in order to comply with the SPS Agreement. 
17. The representative of Japan stated that the MR Ls for agricultural chemicals in food were 
developed based on scientific assessments, and took  into account the MRLs established by the Codex 
and by other countries.  Before adopting a new MR L, Japan notified its proposal to the WTO and 
considered any comments from Members, as appropria te.  The MRLs applied equally to domestic and 
imported products.  Whenever non-compliance with an MRLs was found in imported products, Japan 
strengthened inspections of agricultural chemical residues.  The degree, frequency, or extent of 
enhanced inspection was determined by the circum stances.  Each violation was handled on a case-by-
case basis, but always conducted in a rational a nd reasonable manner, for instance, by limiting the 
enhanced inspections to the violating exporter only. 
US Import Restrictions on EC Dairy Produc ts – Concerns of the European Communities 
18. The representative of the European Commun ities reported that for several years it had 
undertaken efforts to improve the ma rket access for its dairy products  into the United States.  These 
had included requests for recognition of equivale nce of its SPS measures and systems.  The US 
regulatory regime governing the trade of dairy prod ucts dated from the 1920's and involved different 
governmental levels, such as federal and state le vels, as well as individual representatives.  The 
European Communities had pursued several options, but with no success.  The representative of the 
European Communities underlined the importance of the United States considering the multiple 
requests for recognition of equivalence. 
19. The representative of New Zealand noted that, as a major producer and exporter of dairy 
products, including fresh milk ingred ients and its products, it would like to be kept informed about the 
developments on this issue.  
20. The representative of the United States noted that  any EC member State, as well as any other 
Member, were free to, and did, export many dairy products to the US market.  Countries could ship 
"Non-Grade A" manufactured products categorized  such as cheeses, butter, ice cream, and other 
frozen desserts.  It was the res ponsibility of the supplier of food  products for importation into the 
United States to ensure that the food complied with the applicable US laws and FDA regulations.  In 
the United States, a segment of pasteurized milk pr oducts, which were generall y referred to as "Grade 
A" products, were subject to a specific set of hygiene and safety standards, described in the 
Pasteurized Milk Ordinance.  Products designated as "Grade A" could only be produced by "Grade A"  G/SPS/R/51 
 Page 7 
 
 
  facilities.  These products included fluid milk, culture d and acidified milk, cream, sour cream, half-
and-half, cottage cheese, yogurt and those dried dairy products that were used as ingredients in these 
products.  The US Food and Drug Administration (F DA) would revisit the EC concerns and work 
with the EC Health and Consumer Protec tion Directorate-General on this matter. 
US Restrictions on Apples – Concerns of China 
21. The representative of China noted that it had subm itted an application to export apples to the 
United States, accompanied by the necessary technical materials.  Additional materials had been 
provided in accordance with the US requirements on pest  risk analysis.  However, the US pest risk 
analysis had been unduly delayed.  China was free of fruit flies in apple planting areas, and it used fruit-bagging techniques to prevent pests and disease infections as the bagged fruits were totally 
isolated from the environment.  Ch ina was also free of fire blight and there were no quarantine risks 
for Chinese apples.  Furthermore, China had provide d all the technical materials requested by the 
United States, and had held bilatera l technical consultations with the competent authorities.  However, 
the US pest risk analysis on Ch inese apples had still not been completed after ten years.  China urged 
the United States to complete the relevant procedures as soon as possible. 
22. The representative of the United States noted th at given the significant number of pests of 
quarantine significance that needed to be addressed in China's request, the p est risk assessment had 
proven to be challenging.  The United States had b een seeking to finalize the list of apple pests in 
China since 2004.  Dozens of pests of potential quara ntine significance had been identified.  A final 
list of pests needed to be developed in order to evaluate the risks associat ed with Chinese apples and 
to identify the appropriate mitigations treatments.  The United States would continue to work on this 
issue to address the scientific matters a ssociated with the risk assessment.  
Mexico's Import Restrictions on Rice – Concerns of Pakistan 
23. The representative of Pakistan noted that since 2005, Mexico banned the importation of 
Pakistani rice.  Both countries had engaged in bila teral consultations since 2006, but with marginal 
progress to date.  Pakistan was willing to apply m itigation treatments on its rice, if necessary, but no 
further information had been provided by Mexican au thorities.  Pakistan considered that Mexico was 
failing to respect its obligations under Articles 4 and 5 of the SPS Agreement.  Pakistan urged Mexico 
to eliminate the import restrictions imposed on Pakist ani rice, and stressed that Pakistan was ready to 
respond to any request from Mexico.   
24. The representative of Mexico observed that it did not agree with the concerns raised by 
Pakistan related to Article 4 (equivalence) and Article 5 (risk assessment and determination of 
appropriate level of protection).  Mexico was current ly conducting a pest risk  analysis in accordance 
with IPPC's standards, before allowing the importa tion of rice from Pakistan.  In this pest risk 
analysis, Mexico was assessing all the potential pests, and not only the gorgojo khapra ( Trogoderma 
granarium ).  In addition, in every meeting of the Me xico-Pakistan Commission, Mexico had informed 
Pakistan about the latest developments of th e risk analysis.  A memorandum of understanding 
between both countries acknowledged the need to comple te a risk assessment before allowing imports 
of rice from Pakistan.  The results of the pest risk analysis would be conveyed to Pakistan as soon as it 
was concluded.  Mexico reiterated its willingness to bilaterally work with Pakistan on this matter. 
Mexican Restrictions on Imports of Swine Meat – Concerns of Brazil 
25. The representative of Brazil raised concerns a bout Mexico's delay in recognizing Brazil's 
FMD-free areas, and failure to allow importation of  Brazilian pig meat.  Th e recognition process had 
been delayed by unjustifiable requests for additiona l information, resulting in a lengthy and costly 
process.  Since June 2007, Brazil had requested Mexico  to recognize the State of Santa Catarina as an G/SPS/R/51 
Page 8  
 
  FMD-free area without vaccination, based on OIE's decision at its 75
th General Session.  However, no 
response had been given, even though these concerns were raised by Brazil in bilateral consultations.  
Taking into account the recent decision by the Co mmittee on regionalization, Brazil requested that a 
working plan containing time-lines and a date fo r finalizing the recogniti on process be established. 
26. The representative of Mexico confirmed that  Brazil had presented information to the 
competent authorities at the Mexico National Se rvice for Agro-food Health, Safety and Quality 
(SENASICA-SAGARPA).  Those authorities were presently conducting technical analyses and Mexico hoped to provide a positive response to Brazil in the near future. 
(b) Issues previously raised 
EC Restrictions on US Poultry Exports (STC 242) – Concerns of the United States 
27. The representative of the United States recalled th at its poultry exports f aced restricted access 
to the EC market since 1997, based on a ban on th e use of Pathogen Reduction Treatments (PRTs).  
Over the past 11 years, the European Food Safety  Authority (EFSA) and other scientific bodies had 
concluded that the consumption of poultry washed w ith certain PRTs did not pose any risk to public 
health.  Although the European Commission had propo sed legislation permitting the use of PRTs in 
January 2006, the ban on imported poultry had not been removed.   
28. The representative of the European Communities observed that the EC market was open to 
trade and they imported large volumes of pou ltry and poultry products from a number countries, 
including Brazil and Thailand.  The European Communities banned the use of antimicrobial treatments (AMT)  in poultry because these could be abused in  order to compensate for poor hygienic 
conditions throughout the production ch ain.  Given the high hygienic standards in the United States, if 
the use of AMTs were eliminated in US poultry production, the European Communities could most 
likely resume imports of US poultry products. 
US Import Restrictions on Cooked Poultry Products (STC 257) – Concerns of China  
29. The representative of China reported that its concerns on the US ban on imported Chinese 
cooked poultry dated back to 2004.  China had been informed that all technical issues, including 
recognition of the equivalence of its sanitary system, had been resolved during bilateral consultations.  
However, the US Agriculture Appropriations Bill fo r Fiscal Year 2008, Section 7333, stipulated that 
the funds made available by that bill could not be  used to establish or implement a rule allowing 
Chinese poultry products to be imported into the Unite d States.  This legislation disregarded the fact 
that the USDA had undertaken a risk assessmen t which concluded that Chinese cooked poultry did 
not pose risks to health.  China considered the la w to be discriminatory, and not based on science.  
China requested an update of the situation, and an indication of when Chinese cooked poultry 
products would be allowed into the US market. 
30. The representative of the United States indicated  that her country placed great importance on 
the fact that its SPS measures were based on science.   China's concerns would continue to be raised 
with the appropriate authorities within the United St ates with the hope that this situation could be 
resolved as soon as possible.  
India's Restrictions due to Avian Influenza (S TC 185) – Concerns of the European Communities 
31. The representative of the Europ ean Communities reported that India continued to apply a ban 
on the imports of poultry, swine, and their products , from areas that had reported outbreaks of either 
low - or high-pathogenic avian influenza in wild bird  populations only.  In addition, India restricted 
the importation of products also from areas where low pathogenic avian influenza had been found,  G/SPS/R/51 
 Page 9 
 
 
  disregarding the OIE standards which assured the co mplete elimination of ri sks and allowed products 
to be safely traded.  The ban on imports of pigs and pigmeat was not justified according to the OIE, 
nor had India provided scientific justification for the ban.  India’s restrictions were disproportionate 
and the European Communities requested Indi a to review its measures without delay. 
32. The representative of Canada supported the EC arguments, noting that according to the OIE, 
pigs did not represent a threat for transmitting avian influenza.  Furthermore, India should recognize 
the principle of regionalization when applying a ban based on avian influenza.  Canada requested that 
India follow the OIE's standards and remove the import restrictions currently in place.   
33. The representative of the United States supported the concerns raised, observing that India's 
measure had been introduced and maintained without  scientific evidence or risk assessment.  India's 
argument that low pathogenic avian influenza had the potential to mutate into the highly pathogenic 
form, and that virus re-assortment could occur in swine, had been addressed by the OIE.  The United 
States had requested a copy of India’s risk assessmen t that supported its ban,  but this had not been 
provided.   
34. The representative of China supported the concerns  raised and requested India to revisit its 
measure in order to comply with OIE recommendations. 
35. The representative of India clarified that I ndia did not allow the importation of poultry and 
pork products, including processed meats, from areas where outbreaks of avian influenza had been 
reported.  India was equally concerned about low and highly pathogenic avian influenza, as well as 
with avian influenza found in wild birds only.  A number of scientific studies had shown the possibility of low pathogenic forms of avian influe nza mutating into highly pathogenic strains.  A 
report from FAO had also shown that mutation was feasible.  An official US web site asserted that 
low pathogenic forms of avian influenza had the po tential to mutate into highly pathogenic avian 
influenza.  At the OIE General Session in May 2007, India had voted against the resolution that stated 
that low pathogenic avian influenza did not pose a risk to international trade.  India remained 
concerned that the low pathogenic viruses also po sed risks to human health.  Regarding pigs, 
scientific evidence showed that pigs could host the virus and were known to be a mixing vessel for 
some diseases, hence they could infect humans wi th avian influenza.  As new scientific evidence 
evolved, India had lifted its bans on some products, such as eggs and pet food.  Further reviews would 
be done in the future.  India took note of Members’  requests for copies of th e risk assessment and for 
the recognition of regionalization, and those concer ns would be conveyed to experts in the capital. 
Mexican Restrictions on Imports of Cooked and Frozen Meat (STC 263) – Concerns of Brazil 
36. The representative of Brazil reiterated con cerns about Mexico's requirements on the 
importation of Brazilian cooked and frozen meat.  As  recognized in Article 3.6.2.1. of the OIE 
Terrestrial Code, cooking of meat completely inactivated the FMD viru s.  In addition, Mexico's ban 
on Brazilian cooked meat was contrary to the de cisions of its NAFTA partners which imported 
cooked and frozen meat from Brazil.  Mexico had sent a communication indicating the need to 
approve meat processing facilities in order to allow exports.  Brazil had therefore requested further 
details about the criteria for these evaluations.  The approval procedure should be done on a sample 
basis.  Furthermore, there had been continuous delays by the Mexican authorities in sending an 
inspection group to conduct on-site visits.  Br azil urged Mexico to apply the SPS Agreement 
provisions and OIE recommendations, and to elimin ate its import restrictions, as cooked and frozen 
meat did not pose risks of transmitting the FMD virus.   
37.
 The representative of Mexico stressed the positive  developments in the consultations held 
with Brazil since the issue was first raised.  Th e Mexican National Service for Agro-food Health, 
Safety and Quality (SENASICA-SAGARPA) had re quested more information about the companies G/SPS/R/51 
Page 10  
 
  that produced food and canned meat foods, including their official recognition, information about the 
national programme on toxic residues, and inform ation about compliance with specific official 
requirements in force in Mexico.  Imports coul d be permitted only after the fulfillment of those 
requirements.  Mexico further raised concerns about Brazil's refusal to import pathogen-free eggs 
from Mexico.  This restriction started in 2005, afte r the outbreak of low pathogenic avian influenza in 
the country.  Mexico had provided information and requested an on-site evaluation, but no response 
had been provided by the Brazilian authorities. 
38. The representative of Brazil contested the linkages between the restrictions on importation of 
Mexican eggs and the recognition of FMD-free zones in Brazil.  Regarding Mexico's complaint on the 
restriction on eggs, bilateral tec hnical consultations had been held, and Brazil was waiting to receive 
the complementary information that it had requested of Mexico.   
39. The representative of Mexico reported that it was carrying out the necessary analysis on 
recognition of FMD-free areas in Brazil, but the existe nt Mexican official requirements needed to be 
complied with.  With respect to exports of eggs , the information requested by Brazil would be 
provided as soon as possible. 
(c) Consideration of Specific Notifications Received 
40. No Member provided any information under this agenda item. 
(d) Information on Resolution of Issues in G/SPS/GEN/204/Rev.8 
41. No Member provided any information under this agenda item. 
IV. OPERATION OF TRANSPARENCY PR OVISIONS (G/SPS/7/REV.3) 
42. The Secretariat reported that the web site of  the SPS Information Management System (SPS-
IMS) was constantly updated with the latest contact  details on Members’ Enquiry Points and National 
Notification Authorities.  Therefore, the documents th at used to be circulated  to the Committee with 
this information would no longer be prepared on a regul ar basis.  The Secretariat also indicated that 
those interested could now subscribe to one of two separate electronic mailing lists for unrestricted documents.  One list included all unrestricted docum ents, including notifications, while the new list 
would not include notifications.  
43. The Secretariat also drew the Committee's attenti on to the fact that four Members had notified 
more than one National Notification Authority, co ntrary to the provisions of the SPS Agreement.  
Those Members had been contacted and request ed to indicate which was the single National 
Notification Authority, otherwise only the first name  on their list would be retained.  Moreover, the 
Secretariat expressed concern that some Members still had not notified either their Enquiry Point 
and/or the National Notification Authority. 
44. The Secretariat observed that Australia had ma de available copies of a booklet containing 
public information about the SPS Agreement and its im plementation.  This sort of information could 
be relevant for many Members who were trying to find ways to inform their relevant stakeholders 
about the Agreement.  The Secretariat encourag ed Members and observer organizations who had 
prepared similar information documents to share these with other Members. 
45. The Chairman reported that documen ts G/SPS/GEN/840, G/SPS/GEN/842 and 
G/SPS/GEN/850 summarized the notifications r eceived since the last Committee meeting.  G/SPS/R/51 
 Page 11 
 
 
  46. The Chairman indicated that the Committee's adoption of revised "Recommended Procedures 
for Implementing the Transparency Obligations of the SPS Agreement (Article 7)" had been 
confirmed on 30 May 2008.  These had now been ci rculated as G/SPS/7/Rev.3.  The Secretariat 
clarified that because the revision of the procedures would require some changes in the formats, time 
was needed to modify the new electronic SPS-IMS.  The new transparency procedures, including the 
use of the new formats, would take effect as of 1 December 2008.  This would also provide time for 
Members to ensure that their notification author ities and others were familiarized with the new 
requirements.  The new formats would be availabl e in electronic format through a link in the SPS-
IMS, and in the WTO SPS Gateway.  In addition, the Secretariat was working on a project to create the possibility of Members’ filling-out notificatio ns on-line.  This would further expedite and 
facilitate the notification process. 
47. With respect to the "Proposal  for a 'Mentoring' System of Assistance Relating to the 
Transparency Provisions of the SPS Agreement" (G/SPS/W/217), the Secretariat recalled that no 
financial commitments were required of Members,  rather the willingness to  share experiences and 
information.  The Secretariat had received me ntoring requests from 11 Members, and mentoring 
offers from five Members.  Further mentoring o ffers would be welcome in order to match the 
requests.  The Secretariat was currently studying the submissions received, and would soon contact 
Members to match the requests with offers.  The Secretariat suggested that Members could submit 
their requests and offers on the mentoring system on an annual basis. 
48. The Secretariat further provided an update on th e development of a procedural manual for the 
operation of Enquiry Points and National Notificati on Authorities, an initiative led by Australia and 
New Zealand.  The idea of this manual had receive d positive feedback in the October 2007 Workshop 
on Transparency, and a draft had been circulated  in document G/SPS/GEN/824 for comments.  It was 
currently being revised in light of the new transparency procedures. 
V. IMPLEMENTATION OF SPECIAL AND DIFFERENTIAL TREATMENT 
(a) Chairman's Report on Informal Meeting 
49. The Chairman reported that at an informal m eeting held on 23 June, two specific items were 
considered:  (i) an update by the Secretary of the Committee on Trade and Development Special 
Session (CTD-SS) regarding the proposals under consid eration in that Committee which are related to 
the SPS Agreement;  and (ii) the review of the pr ocedure to enhance transparency of special and 
differential treatment in favour of developi ng country Members, contained in G/SPS/33. 
50. During the last Committee meeting held in April, a number of Members had pointed out that 
the Special Session of the CTD was considering a number of proposals relating in particular to 
Article 10 of the SPS Agreement.  For purposes of transparency as well as coherence, it had been 
suggested that the Chair of the CTD Special Session be invited to provide an update on on-going relevant work in that body.  As the Chair was unabl e to attend the informal meeting, the Secretary of 
the CTD Special Session had participated and expl ained that the Special Session had before it two 
proposals on the SPS Agreement: one proposal relating to Article 10.2 tabled by India and another 
proposal relating to Article 10.3 tabled by the A frican Group and a group of developing countries.  
The specific proposals and the last language cons idered under each article (in February 2008) had 
been circulated to all participants. 
51. With respect to Article 10.2, the proponents were of the view that the current interpretation of 
the phrase "longer time-frame for compliance" fou nd in paragraph 3.1 of the Doha Decision on 
Implementation-Related Issues and Concerns was not sufficient for operationalizing this Article.  
Therefore, they were seeking to ensure that where the appropriate level of sanitary or phytosanitary 
protection allowed scope for the phased introducti on of new SPS measures, developing countries be G/SPS/R/51 
Page 12  
 
  provided with a longer time-frame for complia nce amounting to not less than six months
.  However, 
other Members had stated that they could not agree to mandatory and minimum time-frames as this would affect their rights under the SPS Agreement to pr otect human, plant, or animal life or health.  It 
was also pointed out that such an obligation coul d create disincentives for providing a phase-in period 
at all.  The differences among Members remained conceptual.  
52. With respect to Article 10.3 related to the granting of time-limited exceptions by the SPS 
Committee from obligations under the Agreement, the proponents were arguing that their focus was 
on ensuring predictability of the process to request  such an exception, while other Members were 
concerned that the proposal would prejudge the out come of such requests and amount to automatic 
granting of waivers.  Also, some Members had point ed out the need to first put in place appropriate 
procedures in the SPS Committee, but the CTD Special Session Chairman did not wish to see this as a 
precondition for the CTD Special Session to move fo rward on this proposal.  In comparison to the 
proposal on Article 10.2, Members' positions were closer but still divided over specific wording.   
53. The CTD Special Session had not been meeting in  the last months pending the launch of the 
expected horizontal mechanism in the Doha ne gotiations, which was de pendent on progress in 
agriculture and non-agricultural market access (NAM A) negotiations.  But the objective of the CTD 
SS was to come up with specific recomm endations on all outstanding proposals. 
54. With respect to the review of the procedur e to enhance transpar ency of special and 
differential treatment in favour of developing coun try Members, the Chairman had recalled that the 
Committee had agreed to postpone its review from the April meeting to the June meeting, in light of 
the linkage with potential changes to the r ecommended transparency procedures (which were 
eventually adopted by the Committee). 
55. The Secretariat had intro duced document G/SPS/W/224, which proposed a revision of 
document G/SPS/33 to incorporate modifications rela ted to the changes in the general recommended 
transparency procedures (now in G/SPS/7/Rev. 3) and proposals informally submitted by Egypt 
(Job(07)/104).  The draft also proposed a preambular section with the objective of aligning the style 
and format of this Decision with other Decisions of the Committee.   
56. A number of Members had underlined the need to  first understand the reasons for the lack of 
use of the procedure before proceeding with detail ed discussions on revising the text of G/SPS/33.  
The Committee had been adopting Decisions in a nu mber of areas, including on equivalence and 
consistency; however, it was not clear whether these recommendations were being implemented by 
Members.  Other Members had underlined the im portance of moving forward with the Committee's 
normative work, while also considering implementation issues.  They had stressed the need to finalize 
the review of this procedure in a timely manner. 
57. A number of Members had indicated that devel oping country Members were not able to sort 
and analyze the large number of incoming notifications in order to take advantage of the procedure set 
out for requesting S&D.  One Member had underlin ed the useful role that the SPS Information 
Management System could play in this regard.  Others had pointed out that developing country 
Members were sometimes reluctant to announce an y S&D they had received, either because they 
hoped to limit its benefits to their case, or else b ecause they wanted to avoid revealing publicly any 
difficulties they may have in meeting standards.  In  other cases, developing countries were unaware of 
various mechanisms in place for S&D. 
58. As the procedure under review foresaw that  the notifying Member submit an Addendum, 
sometimes it could also be that Members receiving S&D requests had failed to submit notifications to 
the Committee, possibly out of concern for having to  extend treatment to other Members or for raising 
domestic concerns on issues concerning public health.  In addition, one Member had pointed out that  G/SPS/R/51 
 Page 13 
 
 
  S&D was more often provided in relation to existing SPS measures than new ones, while the 
procedure under review focused on new measures.  In response, one Member had recalled that the 
S&D agenda item provided an opportunity to report on other S&D cases.  It had also been suggested 
that it would be useful if Members could comment on the sufficiency or value of the S&D treatment 
they received. 
59. At a more general level, the importance of li nking S&D to Aid for Trade had been underlined 
as well as the need to consider the implementation of the various Decisions of the Committee in the 
context of the upcoming review of the SPS Agreement. 
60. With respect to document G/SPS/W/224, some Members had suggested revising the 
preambular wording regarding the lack of use of the procedure.  It had also been pointed out that the 
Addendum foreseen in step 7 had an item aski ng whether S&D was requested which was redundant, 
as such an Addendum would only be submitted if a request had been made.  
61. The Committee had decided to revert to documen t G/SPS/W/224 at its next meeting, with a 
view to improving it in light of the underlying reasons  for the lack of use of the procedure.  In the 
meantime, G/SPS/33 remained valid and consis tent with the general recommendations on 
transparency, as the new transparency formats would not take effect until 1 December 2008. 
(b) Review of the Operation of S&D Transparency Procedure (G/SPS/33, G/SPS/W/224) 
62. In commenting on the Chairman’s report, the re presentative of Egypt suggested that Members 
should reflect on why G/SPS/33 was not being used.  In addition, Members should decide on a time-
frame for concluding the revision of G/SPS/33, similar to what had been done in the discussion on regionalization.   
63. The representative of Cuba voiced support for establishing a defined pe riod for concluding 
the revision of G/SPS/33, and agreed that the disc ussions should start at the next meeting of the 
Committee.  She stressed the n eed for an S&D provision that was operational and pragmatic, and 
suggested that the Secretariat could prepare a re vision of G/SPS/W/224 based on the discussions held 
in the informal meeting. 
64. The Chairman invited Members to submit  comments on G/SPS/W224 to the Secretariat 
before the end of July, so that a revised docum ent could be prepared for consideration by the 
Committee at its October meeting.  The Chairman furt her suggested the inclusion of a periodic review 
provision in G/SPS/W/224, in order to mon itor the implementation of the procedure. 
VI. EQUIVALENCE 
(a) Information from Members on their Experiences  
65. The Secretariat reported that a second notifica tion of determination of the recognition of 
equivalence of SPS measures had been submitted to the Committee.  This notification was by the 
Dominican Republic with respect to the importation of products and by-produc ts of bovine animals, 
swine and poultry.  The  Ministry of Agriculture  of Dominican Republic recognized the inspection 
systems of the Food Safety Inspection Service (FSI S) of the US Department of Agriculture as 
equivalent to their own (G/SPS/N/EQV/DOM/1). 
(b) Information from Relevant  Observer Organizations 
66. The representative of Codex reported that th e Codex Committee on Food Import and Export 
Inspection and Certification Systems had prepared principles and guidelines on how to carry out G/SPS/R/51 
Page 14  
 
  recognition of equivalence.  These would be presen ted for adoption by the next Codex Commission 
Session, to be held the following week in Geneva. 
67. The representative of the IPPC recalled that a standard was adopted with guidelines for 
determination and recognition of equivalence of phytosanitary me asures in 2005.  In addition, 
ISPM 1, which also included principles on equivalen ce, was revised in 2006.  The IPPC had not been 
informed of any problem regarding the application of the guideline on equivalence on plant protection 
matters. 
VII. ARTICLE  6 - PEST OR DISEASE-FREE AREA 
68. The Chairman reported that the adoption by th e Committee of the "Guidelines to Further the 
Practical Implementation of Article 6 of the Agreement on the Application of Sanitary and 
Phytosanitary Measures" had been confirmed on 15 May 2008, and subsequently circulated as 
document G/SPS/48.  The Chairman expressed the Committee's appreciation for the work done by 
Keawe Woodmore, who had chaired the small gr oup responsible for preparing the guidelines. 
(a) Information from Members' on their Experiences 
US Recognition of New Pest-Free A reas in Brazil for Curcurbit Fly 
69. The representative of the United States repor ted its recent recognition of 20 additional 
municipalities in Brazil as free of the South American  cucurbit fly, a major pest of melons.  This 
recognition followed Brazil's request for recognition of the municipalities in the State of Ceará and 
Rio Grande do Norte as free of this pest.  The Un ited States recognized that Brazil had put in place 
appropriate measures to create areas free of curcur bit fruit fly, consistent with ISPM 4.  The 
recognition was done through a streamlined process for evaluating imported fruit and vegetables, as 
notified in G/SPS/N/USA/1307 and addenda.  
70. The representative of Brazil thanked the United St ates for the recognition, which proved that 
the streamlined process was appropriate.  Brazil en couraged the use of this streamlined process for 
other recognitions, in order to avoid undue delays. 
Chile’s Recognition of Avian Influenza Disease-Free Areas in the United States 
71. The representative of Chile reported that, follo wing a request from the United States, Chile 
recognized the totality of the US territory, with ex ception of the State of Arkansas, as free from avian 
influenza.   Arkansas was not recognized due to the outbreak of low pathogenic avian influenza in that 
State.  This decision was communicated to the United States on 13 June 2008, and would be ratified once USDA submitted the necessary documents.  Impor ts from the State of Arkansas of chilled or 
frozen avian meat were prohibited, but processed av ian meat imports were permitted if the meat was 
boneless and had been heat-treated. 
72. The representative of the United States tha nked Chile for the recognition granted. 
Chile’s Recognition of Regions of Brazil as Free of BSE  
73. The representative of Chile further reported that following a request from Brazil, it 
recognized the States of Paraná, Santa Catarina, a nd São Paulo as free from BSE.  The evaluation of 
the documents provided, together with on-site inspections, confirmed the free area status.   G/SPS/R/51 
 Page 15 
 
 
  74. The representative of Brazil thanked Chile for th e recognition and the coherent application of 
regionalization principles.  It would wait for the re port on the last visit of Chilean inspectors before  
resuming exports to Chile. 
(b) Information from Relevant  Observer Organizations 
75. The representative of IPPC reported that in  July 2008, an open-ended working group on 
recognition of pest-free areas would be held in Th ailand.  This working group would undertake a 
feasibility study on international recognition of pest-fr ee areas.  The terms of reference of the working 
group had been circulated to the Committee, and IPPC would inform the Committee on the outcome 
of the meetings.  
76. The representative of the OIE reported that at its 76th General Session in May 2008, a number 
of resolutions related to recognition of disease-free areas were adopted.  These were contained in the 
annexes to document G/SPS/GEN/853.  The Intern ational Committee had approved a list of countries 
or zones that had applied for official OIE recognitio n of their sanitary status concerning four diseases:  
BSE, FMD, contagious bovine pleuropneumonia (CBPP) , and rinderpest.  In addition, new resolutions 
on procedures for the official recognition and mainte nance of country/zone status were adopted.  The 
OIE also recognized a record number of countries' BSE status:  the OIE now recognized 41 of its members as having a "controlled risk" or a "negligib le risk" status.  Five members or zones within 
members were recognized as free of FMD with or w ithout vaccination, and 13 members received the 
official status of rinderpest freedom, without the use of vaccine. 
77. The representative of the OIE recalled that Me mbers should report on their disease status on 
other than the four diseases officially recognized by  the OIE.  The OIE published the information on 
disease-status.  There was a difference between a c ountry’s self-declaration of a disease-free status, 
and the formal declaration issued by the OIE, wh ich was based on a detailed verification and on-site 
visit by OIE experts, and officially recognized at OIE's annual general session.   
78. The representative of Chile stressed the importa nce that should be given to the recognition 
granted by the relevant international standard-se tting organizations.  The representative of Cuba noted 
that it was important that Members report on thei r experiences on regionalization under this agenda 
item, so that the Committee coul d assess real cases and analyze wher e progress had been achieved.  
The Secretariat noted that it could include a remi nder in the airgrammes that Members should report 
on their experiences on regionaliza tion under this agenda item. 
VIII.  TECHNICAL ASSISTANCE AND COOPERATION 
(a) Information from the Secretariat 
(i) WTO SPS Activities 
79. The Secretariat drew attention to documen t G/SPS/GEN/521/Rev.3, which contained an 
updated overview of all SPS technical assistance activities provided by the WTO Secretariat from September 1994 through December 2007.  Since 1994, the WTO had provided a total of 158 SPS-
specific technical assistance activities, with an overall participation of 6,400 participants to date.  In 
2007 alone, 14 specific technical assistance activities were provided, including four regional seminars, seven national seminars, two courses organized by other organizations, and two specialized courses 
on the SPS Agreement. 
80. A second document, G/SPS/GEN/851, provided an overview of the SPS technical assistance 
activities undertaken and planned for 2008, including regional and national semi nars, the specialized 
course, and e-Training courses. G/SPS/R/51 
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  (ii) Standards and Trade Development Facility (STDF) 
81. The Secretariat indicated that document G/SPS/GEN/847 gave an overview of STDF 
activities.  In addition, a newsletter with the latest  information about the STDF was distributed to the 
Committee.  A total of 27 projects and 28 Project Preparation Grants had been funded by the STDF.  
82. In line with the Medium-Term Strategy decision,  more attention was being given to the STDF 
as a coordinating mechanism.  One example of th is had been the workshop on capacity evaluation 
tools which had been held back-to-back with  the March 2008 meeting of the SPS Committee.  
Likewise, the STDF had organized an informati on session on private standards which would take 
place immediately after this meeting of the SPS Committee.  This information session would focus on developments in the area of private standards si nce the June 2007 information session, and draw 
conclusions with regard to SPS-related technical  assistance.  On 6 October 2008, the STDF would 
coordinate a workshop on Good Practice in SPS-rela ted technical assistance, which would build on 
Aid for Trade activities.  Research work was on-going in Central America, East Africa and in Cambodia, Lao PDR and Viet Nam on the basis of  good-practice examples identified by Members.  
The focus of the workshop would be on how to a pply the OECD Paris Principles on aid effectiveness 
to the highly technical SPS area.  In the margins of the first meeting of the SPS Committee in 2009, 
the STDF would organize a workshop to consider cost-benefit analysis related to SPS technical 
assistance.  Work undertaken by the OIE regarding co sts of prevention vs eradication, as well as work 
by the World Bank and others looking at the economic  costs and benefits of SPS measures, would be 
presented. 
83. STDF work in the context of Aid for Tr ade activities was explained in document 
G/SPS/GEN/812.  Workshops had been held on 21-22  May in Phnom Penh with regard to Cambodia, 
Laos PDR and Viet Nam;  on 28-29 May in Kamp ala considering studies undertaken in Kenya, 
Tanzania, Uganda and Rwanda;  and on 11-12 June in Guatemala City  to review studies undertaken in 
Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama.  These regional reviews 
analyzed existing SPS-related capacity evaluati ons from these countries, as well as ongoing and 
planned technical assistance, to identify outstanding  needs and priorities not covered by existing or 
planned activities.  A number of similarities emerge d in the "balance sheets" across the three regions, 
including difficulties with respect to:  institutiona l capacity (particularly in least-developed countries); 
co-ordination;  legal regimes;  enforcement;  and ra ising awareness of all rele vant stakeholders.  There 
were also specific concerns, in particular relati ng to certain pests or diseases, and in some cases to 
testing, inspection and certification.  The b ackground research for these regional consultations 
identified some common drivers for the provision of  technical assistance, such as WTO accession and 
regional or bilateral free trade agreements, as well as specific issues such as technical assistance 
relating to avian influenza. 
84. The Secretariat drew some conclusions regardin g the outcome of this one-year project.  
Although the primary aim was to mobilize resour ces to address outstanding technical assistance 
needs, the reality was that donors all had their ow n particular funding cycles and responses could not 
be expected outside of that context.  Further actions to translate the priorities identified through this work into bankable projects were necessary.  SPS was only one of many concerns, and had to be seen 
in the context of structural issues particularly th ose related to the existence of certain pests and 
diseases (e.g. classical swine fever, foot and mouth disease, fruit flies).  The key issue was to keep 
SPS in focus, and there had been some positive results  from the project, but ther e was also the need to 
monitor the follow-up by beneficiary and donor count ries.  It was clear that the STDF needed to 
follow the results of this project, and to inform ot hers, as would be done in formal communications to 
the Committee on Trade and Development meeting on  Aid for Trade on 14 July 2008.  Work was on-
going to establish a compendium of SPS-rela ted technical assistance providers, as well as a 
functioning database on assistance provided.  G/SPS/R/51 
 Page 17 
 
 
  85. The Secretariat also noted that several Members had raised issues relating to fruit fly control 
measures during the meeting.  It was clear that this pest caused significant damage to production of 
various products, and resulted in trade restric ting measures.  The STDF has initiated efforts to 
improve coordination among the variou s stakeholders involved in activities to control fruit fly in West 
Africa and ensure an effective cross-border respon se.  A recent study by the European Communities 
provided an opportunity to develop a common approach that could be used by different donors and 
beneficiaries.  Agreement on effective methods of  control were being pursued, and the STDF would 
participate in the dissemination of the results, most  likely through a meeting to be organized late 
in 2008. 
(b) Information from Members 
Paraguay – Information on Various Technical Assistance Activities 
86. The representative of Paraguay expressed gratitude to the WTO, IDB-INTAL, and IICA for 
organizing and delivering an SPS regional workshop in Asunción in April 2008.  In addition, 
Paraguay reported on a Workshop on Good Agricu ltural Practices, given by instructors from 
Argentina's National Institute of Agricultural Technology (INTA).  Paraguay also praised the 
cooperation with the Chilean Agency for Inte rnational Cooperation (AGCI) and the Chilean 
Agricultural and Livestock Service (SAG), which allowed experts from both SENAVE and SENACSA to receive training and share experien ces in sanitary, phytosan itary and seed-related 
matters.  Furthermore, the European Uni on had sponsored a MERCOSUR SPS project, which 
provided a study tour to the European Union for MERCOSUR officials.  Lastly, Paraguay reported on a Codex Alimentarius Course, entitled "The Code x Alimentarius Regulatory Process and You".  
Twenty-four experts from the public and private sectors attended the course which was transmitted by 
videoconferencing from Costa Rica, and with the simultaneous presence of experts from Argentina, Brazil, Chile, Paraguay, and Urugua y.  More details on these activities is provided in document 
G/SPS/GEN/852. 
87. The representative of the United States presente d an update to document G/SPS/GEN/181 on 
SPS trade capacity building efforts.  Between J une 2006 and May 2008, the United States sponsored 
420 SPS technical assistance projects in 124 developing countries, accounting for more than US$ 22 million.  The representatives of Chinese Taipei and the Dominican Republic thanked the United States 
for the technical assistance provided to them. 
(c) Information from Observers 
88. The representative of Codex indicated that the Codex did not provide technical assistance 
directly, but its parent organizations, the FAO a nd WHO, provided assistance in various areas related 
to food safety.  The Codex had a trust fund whic h sponsored the participation of officials from 
developing countries and economies in transition to  participate in the Codex meetings.  This 
programme aimed at enhancing those officials’ leve l of participation in the elaboration of Codex 
standards.  One key principle was to provide more support to LDCs to participate in the Codex 
meetings.  In 2007, the trust fund financed the participation of 230 officials to attend 16 Codex 
meetings.  This year it was expected that 314 o fficials, from 90 countries, would be assisted to 
participate in Codex meetings.  The Codex thanke d donor countries for their continuous support, and 
reported that in 2007 Malaysia had announced that  it would contribute to the trust fund, after 
benefiting from it in the past. 
89. The representative of the IPPC referred to a project on biosecurity to assist governments 
establish national surveillance systems.  IPPC was currently assessing standards to prepare new 
technical assistance projects, such as projects on certif ication, pest risk analysis training, capacity 
evaluation workshops, and others.  Its main objective was to build human capacity in various regions.  G/SPS/R/51 
Page 18  
 
  90. The representative of the OIE reported that due to  budget constraints, it was difficult to carry 
out technical assistance programmes.  However, th e Performance, Vision and Strategy (PVS) tool 
related to animal health had been conducted in many  countries to identify their needs and priorities, in 
order to solve existing problems.  The OIE had received 36 official requests from Africa, and 28 missions to undertake the PVS had been completed to date.  Of these, 15 countries had agreed to 
lift the confidentiality of their reports to some organizations, such as FAO and the World Bank, as 
well as to the European Communities and other larg e donors, with the aim of identifying funds to 
sponsor new TA programmes.  In addition, the OIE supported the participation of developing 
countries in the elaboration of standards by ensuri ng that experts from every region participated in 
developing the draft text of a scientific standard.  
91. The representative of the European Communiti es reported that they provided SPS-related 
technical assistance on a regular basis and this woul d be increased due to recent developments related 
to food security and food price escalation.  The lack  of investment in agriculture and underinvestment 
especially in the SPS area were among the causes of higher food prices.  New assistance programmes 
would be implemented in Africa.  The Europ ean Communities also supported the OIE's capacity 
evaluation tool (PVS). 
92. The representative of IICA referred to document G/SPS/GEN856, which presented some of 
the technical assistance that IICA had provided.  For the 17
th time, IICA was sponsoring the 
participation of some American countries to a ttend the Committee meeting through the Americas 
Initiative.  This would be the penultimate meeting for which that this project w ould be able to finance 
the participation of government officials to co me to Geneva.  IICA was also implementing STDF 
project 108, which aimed at strengthening institutio ns related to SPS issues.  IICA had been involved 
in the implementation of a Performance, Vision and St rategy tool on plant health in Costa Rica, and 
on food safety in Bolivia.  IICA had organized, with  the assistance of Codex and FAO, a basic course 
on the Codex Alimentarius which lasted for two da ys and had the participation of more than 500 
people.  IICA also participated in the organi zation of the WTO/IDB-INTAL SPS regional workshop 
in Paraguay, in April 2008. 
93. The representative of OIRSA referred to document G/SPS/GEN/857 which reported on the 
organization's recent activities, including activities in Honduras, Nicaragua, El Salvador, Panama, and 
Dominican Republic.  These activities covered a broa d range of SPS assistance in those countries. 
IX. OTHER ISSUES ARISING FROM THE RE VIEW OF THE OPERATION OF THE 
SPS AGREEMENT 
(a) Use of Ad Hoc Consultations 
94. The Chairman recalled that Argentina and the United States had both submitted proposals on 
ad hoc consultations in documen ts G/SPS/W/219 and G/SPS/W/227, respectively.  The representative 
of Argentina indicated that its proposal (G/SPS/W/ 219) aimed at establishing working procedures for 
the use of the good offices of the Chairperson.  Wo rking procedures could facilitate the use of this 
mechanism, which had significant co st-benefits compared with the co sts incurred in bringing a case 
before the WTO dispute settlement mechanism.  Arge ntina stressed that the solutions reached through 
good offices of the Chairperson should not be bindi ng on the Parties, nor should they diminish 
Members' rights to pursue formal dispute settlement .  Argentina considered its proposal to be 
compatible with that of the United States.   
95. The representative of the United States affirmed  that it believed that the Committee meeting 
process, coupled with bilateral discussions, remained the best  forum for Members to  raise concerns 
regarding SPS measures and related technical issu es (G/SPS/W/227).  The sci entific basis of SPS 
measures, and related technical issues, were often complex and Members could gain a better  G/SPS/R/51 
 Page 19 
 
 
  understanding of the concerns if they had the oppo rtunity to consult with one another within the 
context of a formal procedure under Article 12.2.  Such consultations could involve discussions on the 
technical aspects of the measure and scientific support, as well as explore other related issues, 
including the possibility of technical exchanges or special and differential treatment, whenever 
available.  The United States welcomed the possib ility of working with Argentina on how to establish 
this mechanism. 
96. The Secretariat provided an update of the discu ssions in the non-agricultural market access 
NAMA negotiations to develop a mechanism for r esolution of non-tariff barriers, since this 
mechanism might also embrace SPS-related aspects.  The latest version of the proposed mechanism 
was circulated on 9 May 2008, in document TN/MA/W/ 106.   At the end of May, the United States 
had tabled a paper in the NAMA negotiations, en titled "Committee-First" (Job(08)/45).  In its 
proposal, the United States argued that the releva nt Committees should be considered prior to 
recourse to an horizontal mechanism. 
97. The representative of Canada stated that they  supported a flexible mechanism for ad hoc 
consultations.  A more rigid pro cedure could prevent the solving of disputes in a pragmatic way.  
Canada recalled the mechanisms available at the OIE and IPPC for discussions at the technical level, 
which should not be forgotten during the Committee's discussions. 
98. The representative of Japan observed that Argen tina was one of the proponents of a so-called 
horizontal mechanism in the NAMA negotiations  on non-tariff barriers.  Japan also expressed 
concerns on the time-frames proposed in Argentina's paper. 
99. The representative of Chile welcomed the opportuni ty for further work on the basis of the two 
proposals by Argentina and the United States, noting that the differences were not too great.  The 
good office mechanism was al ready provided by the SPS Agreement,  so discussions should focus on 
ways to avoid formal dispute resolution cases. 
100. The representative of Cuba considered the two pr oposals to be complementary, and suggested 
that Argentina and the United States prepare a join t document for consideration by the Committee.  
Cuba favored an expedited and e fficient manner to solve any eventual dispute which might arise.  
While Cuba believed that specific SPS issues should be dealt with in the SPS Committee, a 
mechanism for the practical resolution of probl ems could be complemented by the process under 
discussion in NAMA. 
101. The representative of the European Communities re called that they were a large food importer 
and placed great importance on any mechanism relati ng to SPS trade problems.  They suggested the 
focus should be on making use of the existing mech anisms rather than creating new ones.  The 
European Communities were concerned about the ambitious time-frames envisaged in Argentina's 
proposal.  In addition, the possible involvement  of the three international standard-setting 
organizations could imply further costs to t hose organizations.  The European Communities 
considered that it would be difficult and risky to  expect the Chairperson of the SPS Committee to 
issue a decision in a dispute involving two Members. 
102. The representative of Egypt suggested that it w ould be possible to create linkages between the 
proposals on consultations and the S&D provisions , including the ones highlighted in G/SPS/W/224. 
103. The representative of Argentina clarified their view that the choice of which mechanism to 
use would be based on its feasibility in a specific case, and that the mech anism being developed on 
SPS should be compatible with what was negotiated in the horizontal process.  Furthermore, neither 
proposal was a final text, and any rigidities in the pr oposals could be worked out in future discussions.  G/SPS/R/51 
Page 20  
 
  104. The representative of the United States indicated that they would work with Argentina to 
converge both proposals, and welcomed any sugg estions to enhance the ad hoc consultation 
mechanism.  The United States also believed that SPS matters should be excluded from other 
mechanisms outside the SPS Committee. 
(b) Relationship between the SPS Comm ittee and Codex, IPPC and OIE 
105. The representative of Japan proposed that the SPS Committee organize a workshop on the 
standard-setting procedures of Codex, OIE and I PPC, in order to address a number of cross-sectoral 
issues under consideration, such as regionali zation and private standards (G/SPS/W/226).  
Furthermore, new developments had occurred in the work of these organizations since the workshop 
on standard-setting held in March 2001 (see G/SPS/ GEN/250).  A workshop could assist developing 
countries to better understand the interna tional standards in more depth.   
106. The representative of Chile supported Japan 's proposal and recalled that the three 
organizations did not have systems to monitor th e use of their standards.  The new recommended 
procedures on transparency (G/SPS/7/Rev.3) coul d assist Members in monitoring the use of 
international standards. 
107. Many Members supported the proposed workshop a nd considered it would be of value to both 
developed and developing country Members.  The representative of New Zealand suggested that the 
three international standard-setting organizations be  invited to address:  (i) what actions could be 
taken by Members and by the SPS Committee to improve  coordination and avoid duplication of work;  
(ii) what was the most effective way for a Member or the SPS Committ ee to bring an issue of concern 
to the attention of the standard-setting bodies;  an d (iii) how to ensure better flows of information 
between the organizations and the Committee, in cluding information about what each body was 
doing.  The representative of Egypt proposed that the workshop also address the issue of how developing countries could coordina te the work of the three standard-setting organizations with the 
work of the SPS Committee. 
108. The representatives of the Codex, IPPC and OI E indicated that they would be happy to 
participate in such a workshop.  The representative of the IPPC stressed the importance of delegates 
participating in the SPS Committee being aware of the international standards-setting processes.  The 
representative of the OIE reported that every year th e OIE put a lot of efforts into the training of 
delegates attending OIE meetings for the first time.  It would be useful for Members to share their experiences on how to coordinate at the national a nd international levels.  The representative of 
Codex indicated that they regularly invited the OIE to  participate in relevant Codex committees.  In an 
upcoming workshop on food hygiene, the OIE was inv ited to report on their activities so as to avoid 
duplication of work.  
109. The Secretariat was requested  to prepare a draft progra mme for the workshop, for 
consideration by the Committee.  The Secretariat welcomed the proposed workshop and noted that a 
workshop had been foreseen in the budget of WTO technical assistance for 2009.  The most 
appropriate time for such a workshop would be at the time of the October 2009 Committee meeting.   
X. MONITORING THE USE OF INTERNATIONAL STANDARDS 
(a) New issues 
110. No Member raised any new issue under this agenda item.    G/SPS/R/51 
 Page 21 
 
 
  (b) Issues previously raised 
111. There was no further discussion on issues previously raised. 
(c) Adoption of annual report (G/SPS/W/223) 
112. The representative of Chile observed that ther e was actually little substantive monitoring of 
the use of international standards.  The chang es to the transparency procedures contained in 
G/SPS/7/Rev.3 would provide the Committee with an e ffective new instrument for monitoring, and at 
some appropriate time the Committee might wish to improve the monitoring procedure to ensure that 
the use of international standards was actually moni tored, as foreseen in Articles 3 and 12 of the SPS 
Agreement. 
113. The representative of IPPC indicated that  at its last meeting, the Commission on 
Phytosanitary Measures (CPM) had established an open-ended working group to discuss a possible 
IPPC compliance mechanism.  Ra ther than an enforcement mech anism, which was thought to be 
contrary to the objectives of the CPM, the decision ha d been to develop a system to monitor the use of 
IPPC standards which could also identify emerging issues before they became disputes.  A standards 
implementation officer would be engaged for this  purpose.  The new procedures would allow the 
IPPC to identify which standards were being used, partly through capacity-building aimed at 
identifying areas where there were difficulties.  A database would be established, and every three 
years the IPPC would look at the degree to which Members were able to implement standards.  The 
recent evaluation of the IPPC had shown that ofte n standards were not implemented because they 
were not relevant, e.g. if a country was not exporti ng and didn't need to establish pest-free areas, or if 
a country was not trapping for fruit flies because  of climatic reasons.  More information was 
contained in document G/SPS/GEN/849.   
114. The representative of the OIE indicated that the OIE likewise had no policing responsibility 
or mechanism for monitoring the implementation of OIE standards.  It relied on dissatisfied members 
seeking the OIE's assistance to resolve problems.  The OIE was not planning to develop a monitoring 
mechanism, which would have  resource implications. 
115. The representative of Chile noted that many countries did not follow OIE standards.  For 
example, while the OIE Code established a six month period after an outbreak of classical swine fever to stamp out the disease, many countries required twelve months.  If many Members deviated from international standards without having a scientifi c justification, Chile was concerned that the 
international standard-setting bodies might be produc ing standards that were not being widely used.  
The SPS Committee might be able to monitor this, together with the three organizations.  Chile 
considered that looking at private standards coul d be a second step;  first the Committee should 
monitor if official standards were based on international standards. 
116. The representatives of Argentina and Uruguay agreed that once the new transparency 
recommendations were in force, the Committee coul d use the information provided by Members on 
notifications for monitoring the use of international standards.   
117. The Secretariat recalled that Articles 12.4 and 12.5 foresaw a much more elaborate 
mechanism than the procedure even tually adopted by the Committee.  For many years, the Committee 
had discussed the need for a pragmatic procedure th at would allow monitoring where international 
standards caused difficulties or were lacking.  The text of the Agreement called for the creation of a 
list of important international standards agai nst which Members could compare their national 
regulations.  The Committee had decided to adopt a streamlined procedure, requesting Members to 
identify only problematic cases.  Where the pro cedure had been used and problems had been 
identified, there had been an immediate res ponse from the relevant st andard-setting body and G/SPS/R/51 
Page 22  
 
  problems had been solved quickly.  But in the previous year, the pr ocedure had not been used.  The 
new transparency system might encourage Memb ers to be more conscientious about providing 
information on their use or non-use of international st andards in their notifications.  After one or two 
years of implementation, there might be suffici ent information to re-examine the monitoring 
procedure to see whether it could be improved. 
118. The Committee agreed to consider the monito ring procedure in light of the information 
gained from notifications under the new notificati on procedure and the implementation of the IPPC 
mechanism.  Members were also encouraged to provide informat ion on obstacles they encountered 
when exporting, not just on national measures app lied to imports.  The Committee adopted the tenth 
annual report on monitoring the use of  international standards (G/SPS/49). 
XI. CONCERNS WITH PRIVATE AND COMMERCIAL STANDARDS 
(a) Report of the informal meeting 
119. The Chairman reported that at the informal c onsultation on private standards held on 23 June, 
he had reminded delegates of the proposal to est ablish a small, informal working group on this 
subject.  The informal meeting had been convened to further consider that proposal.  The subjects that 
had been proposed for discussion were the member ship of such a group, who would chair it, what 
would be its objectives and terms of reference, a nd any other points Members wished to raise.   
120. The representative of Uruguay had introduced document G/SPS/W/225 proposing terms of 
reference for the working group.  Many Member s had expressed appreciation for Uruguay’s proposal, 
supporting either the document as a whole or certain  aspects they found interesting.  A few Members 
had indicated that the proposal was a good basis for discussions, and had offered to make suggestions 
to improve the text at a later stage.  Others had i ndicated that they had only very recently received the 
document and needed more time to analyze it fully. 
121. Regarding the terms of reference, many Members had supported Ur uguay’s suggestions.  
Other Members had noted that the proposal was qu ite ambitious, that it focused only on negative 
aspects of private standards, and that the proposed text seemed to prejudge the outcome of the small 
group’s discussions in some instances.  A large nu mber of Members had supported the proposal that 
the group should concentrate on SPS-related pr ivate standards only.  Many had favoured 
concentrating on trade effects of private standa rds.  One Member had suggested discussing the 
impacts of private standards on the operation of the SPS Agreement, and how these impacts might be 
addressed.   
122. Some Members had indicated the usefulness of st udying real world examples of the impact of 
private standards to get to the heart of the issue;   others had considered that enough examples already 
existed.  Many Members had supported Uruguay’s proposal to study the deviations of private 
standards from international standards.  Some Member s had cautioned that this would be difficult, and 
that private standards did not always contradict o fficial measures or international standards but often 
complemented them. 
123. Some Members had been in favour of conductin g a legal analysis of private standards in 
relation to the SPS and TBT Agreem ents, and had also indicated a need for cooperation between the 
SPS and TBT Committees.   
124. Some Members had favoured discussing possible actions for governments as well as for the 
Committee to address concerns related to private sta ndards.  It had also been suggested that the 
working group itself could continue discussing the terms of reference and make a proposal to the 
Committee at a later stage.  G/SPS/R/51 
 Page 23 
 
 
  125. Regarding the size of the working group, sev eral Members had noted that smaller groups 
tended to be more effective and make progress more  quickly.  Others had thought that it would be 
difficult to limit participation in the small group to a few Members, given the broad interest in the 
topic.  One Member had suggested that the group could subdivide into sm aller groups to address 
certain issues; another Member had suggested  breaking the group down according to working 
language. 
126. There had also been suggestions that the Members who had taken the floor at the informal 
consultation should be the members of the working gr oup, or that the membership in the group should 
represent all geographic regions, le vels of development and points of view on the issue.  
127. In terms of the working procedures, some had fa voured an informal, friends of the chair-style 
process, while others had stressed the need to clearly define the objectives of the group.  Many 
Members had thought the three sister organizations  should participate in the working group; others 
had proposed also inviting UNCTAD and OECD.  So me had also proposed exchanging information 
with private standards bodies, and inviting them to pa rticipate in the group.  Others had been against 
expanding group membership beyond WTO Members a nd the three sister organizations.  Many 
Members had indicated that the Committee should be kept well-informed of discussions in the 
working group.   
128. Regarding the chairmanship of the small grou p, there had been a few specific suggestions, 
including that Uruguay or New Zealand should chai r.  While some Members had preferred that a 
developing country representative chair the group, ot hers had not thought this important, and several 
Members had proposed that the Chairman of the Committee should chair the working group. 
129. Many Members had wanted to ensure that in terpretation into all three languages would be 
provided to the working group. 
130. Several Members had stressed the need to make progress quickly on the issue, which had 
already been under discussion in the Committee for three years, and so me had noted that the working 
group was only the first of a series of steps to be taken by the Committee. 
131. The representative of Codex had indicated that the Codex secretariat was prepared to 
participate in the group, but that statistics on the use of Codex standards did not exist.  He had suggested that Members should bring specific exam ples where private standa rds deviated from Codex 
standards, and had asked for an explanation of Uruguay ’s proposal of an analysis of the deviation of 
private standards from Codex standards.  Private standards were market-driven, and not necessarily 
based on science.  The WTO Secretariat had been i nvited to highlight these concerns to the Codex 
Alimentarius Commission the following week. 
132. The representative of Uruguay had drawn attention to information submitted by the OIE, 
including a resolution adopted at the recent OIE General Session.   
133. At the end of the informal meeting, the Chai rman had noted that while there was no objection 
to the formation of a working group, there were  clearly different ideas regarding its terms of 
reference, size and membership.  He had concluded by promising to come back to the Committee with 
some suggestions at the regular meeting. G/SPS/R/51 
Page 24  
 
  134. After concluding his report on the informal cons ultations, the Chairman indicated that he had 
given some thought on to proceed on this issue.  He  noted that there seemed to be agreement on some 
points, including: 
• The need to define and focus only on the SPS-related aspects of private standards; 
• The need for a clear picture of the positive and negative aspects of the implementation of 
private standards; 
• That eventually the Committee should see what it could contribute to reducing the negative 
aspects of private standards;  and 
• The need to identify very clearly what speci fic actions the Committee should pursue, and in 
what order, to reach a practical result as quickly as possible. 
135. The Chairman recalled that in previous meeti ngs, the Committee had gathered information on 
the various types of private standards, and on what  was being done by the largest private-standards 
bodies.  The Committee had also been presented with  the results of a number of studies, including 
those of UNCTAD on development and trade effect s, and the study by the United Kingdom on the 
legal relationship between the SPS Agreement and private standards (G/SPS/GEN/802).  The 
Committee would learn more about some actions a nd initiatives that had been taken to facilitate 
compliance with private standards at the STDF info rmation session on private standards scheduled for 
26 June.  But while there was still a lot of information that it would be nice
 to know, the Chairman 
suggested that the Committee need ed to focus on what it needed  to know in order to identify the 
appropriate actions to take. 
136. The discussion at the informal consultation ha d made it clear that many Members were 
concerned about this issue, and a number of inte resting suggestions had been made.  The Chairman 
thanked Uruguay for having provided a document to help the Committee focus its discussions. 
137. At the same time, despite three hours of lively discussions, the Committee still had not 
resolved any procedural issues, mu ch less advanced on the substance of  the matter.  In order to focus 
on practical aspects, the Chairman indicated that: 
(a) He would prepare, with the assistance of the Secretariat, a series of questions to 
Members.  These questions would draw on the suggestions in the proposal by Uruguay or suggestions made by other Members during the discussions; 
(b) The Chairman would circulate these questions, in English, French and Spanish, to all 
Members and invite them to provide very specific suggestions in response, via e-mail 
to the Secretariat, well in advance of  the Committee's next regular meeting; 
(c) The Chairman would convene an informal consultation with those Members who had 
provided specific answers or proposals in response to the questions;  and 
(d) The Chairman would report to the next meeting of the Committee on the informal 
consultations, with suggestions on how to further proceed.  All interested Members 
would be invited to react at that time.  G/SPS/R/51 
 Page 25 
 
 
  138. The representative of Uruguay agreed with th e Chairman's proposal and indicated that the 
issue caused great concern among Members, as it did at the OIE.  He urged the Committee not to lose 
time and to define the working group in October, with  an action plan that would allow work to begin.  
He stressed the need for interpretation at the cons ultations in October, so that all Members could 
participate.  The objective of the terms of refere nce proposed by Uruguay was not to conclude that 
private standards were bad, but to focus the discussion of the topic, make a diagnosis, and start 
moving towards an objective, e.g. harmonization of private standards and ensuring that they followed 
international standards on SPS aspects.   
139. Many Members supported the Chairman's proposal, and several suggested that a compilation 
of documents related to private standards would be useful.  The representative of Chile noted that 
unlike other issues, there were not many documents from Members to serve as the basis for work by a 
working group.  He considered, therefore, that a questionnaire as proposed by the Chairman could be 
useful. 
140. The representative of the OIE asked for clarificati on of the role to be played by international 
organizations.  The OIE was happy to be engaged a nd could reply to the planned questionnaire, if 
requested.  At the recent General Session, the OIE had looked at private standards in the areas of 
animal health and animal welfare.  What concerned OIE members were private standards that were in conflict with OIE standards because this could affect consumer confidence, undermine official 
standards, and make market access difficult.  Sin ce there were many private standards, emphasis 
should be on instances where they were in conflic t with official standards.  Private standards 
sometimes emerged where there were  gaps or needs not recognized by  international standard-setting 
bodies.  The representatives of Belize and Braz il agreed with the OIE's suggestions.   
141. The representative of Cuba suggested that th e questionnaire should target both Members who 
were experiencing market access problems and Memb ers who were using private standards.  Two 
questionnaires might be needed, one for those who we re applying private standards, and another one 
for those who had to comply with them.  Private st andards bodies should participate in this process, as 
should UNCTAD and OIE.  In this way the questionnaires would contribute to transparency and 
information exchange. 
142. The representative of Argentina requested that  the questions be circulated soon to allow 
sufficient time to prepare replies and suggested that  the Secretariat also prepare a document to define 
the problem.  There were many different private st andards, and it was not clear which ones contained 
SPS aspects.  As an example, she cited work done in the Committ ee for Trade and Environment to 
identify trade measures in multilateral environmenta l agreements as a basis for that Committee's 
work.   
143. The representative of Benin indicated that the lack  of transparency of private standards was a 
cause of concern.  He referred to work carried out by UNCTAD and FAO, and suggested that the 
Committee look at negative impacts of private standa rds and at ways to lighten the burden for small 
farmers.  He suggested inviting the initiators of pr ivate standards to the table to allow for dialogue. 
144. The representative of Uruguay noted that th e questionnaire would be based on Uruguay's 
proposal and on discussions at the informal c onsultations.  While few Members had submitted 
documents on the subject, there was a Secret ariat document as well as submissions from UNCTAD 
and others.  The process outlined by the Chairman w as a first step;  later the Committee could decide 
whether it was necessary to refine  the group.  He suggested that the group should only include the 
three sister organizations, not other organizations , although it could obtain relevant information from 
private standards bodies.   G/SPS/R/51 
Page 26  
 
  145. The Chairman clarified that the questionnaire would be circulated during the following week 
as a JOB document
2, and those who replied to the questionnaire would be invited to participate in the 
working group.  The responses would be shared amo ng all those who had replie d through an informal 
e-mail exchange and later circulated to all Me mbers.  The questionnaire would cover both the 
mandate of the working group and focus on identif ying practical actions that the Committee could 
undertake.  The Chairman would inform the Comm ittee on regular basis of the discussions in the 
working group.   
XII. MATTERS OF INTEREST ARISING FROM THE WORK OF OBSERVER 
ORGANIZATIONS  
146. The representative of Codex indicated that document G/SPS/GEN/845 contained information 
on Codex meetings held since the last meeting of the SPS Committee.  He highlighted that the 
upcoming session of the Codex Alimentarius Commi ssion the following week in Geneva would adopt 
annual work presented by Codex committees.  This  included many new standards covering maximum 
levels for several contaminants, maximum residue li mits for pesticides, and additives.  The document 
also contained information about upcoming Codex meetings, including a new round of meetings of 
regional coordinating committees, where private st andards would be discussed, among other subjects. 
147. The representative of the IPPC explained that G/SPS/GEN/848 contained information on the 
IPPC's standard-setting programme, while G/SPS/GE N/849 contained a summary of decisions made 
at the last CPM.  The CPM had established a new category of documents called "recommendations".  The first adopted recommendation was on the replacem ent or reduction of the use of methyl bromide 
as a phytosanitary measure;  previous recommendations, e.g. such that IPPC contact points liaise with 
SPS enquiry points, would also be captured in the ne w document series.  The IPPC faced an ambitious 
standard-setting programme, which was very resource -intensive.  Of a total of 169 IPPC members, 
129 members had been present at the CPM, and Benin was expected to soon become the newest IPPC 
member.  Under the dispute settlement agenda item,  IPPC members had raised concerns related to 
private standards and the IPPC secretariat was to prepare a paper on this issue.  
148. The representative of the OIE indicated that  document G/SPS/GEN/853 contained a report of 
the OIE General Session held in May.  She highlight ed the collaboration at highest level between the 
three sister organizations, which took place in add ition to participation in relevant technical groups 
and committees.  New texts adopted at the General S ession addressed the role of veterinary services in 
food safety, and trade in animal commodities or pr oducts.  Currently, OIE work was based on disease 
freedom or incidence;  now the OIE was examining tr ade in products that had been treated to make 
them safe.  The OIE was also working on the effect  of climate change on animal diseases.  The OIE 
was organizing two international conferences:  one on  the implementation of the OIE's animal welfare 
standards in Egypt in October 2008;  a second conf erence in Argentina in March 2009 would focus on 
animal identification and traceability.  The programme  for this second conference had been developed 
in technical collaboration with Codex.  The OIE had also adopted resolutions on  (1) participation of 
small farmers in official animal health programmes;   (2) private standards,  and (3) emphasizing the 
importance of the OIE mandate for food security.   
149. The representative of Canada drew attention to the IPPC's resource concerns.  SPS Committee 
Members often referred to the importance of internat ional standards.  He encouraged Members to pay 
attention to these resource constraints, and try to en sure adequate funding for the three sisters' work.  
The representative of the Europ ean Communities echoed Canada, high lighting the reviews of IPPC 
and Codex that were part of the independent evalua tion of FAO.  He asked  Members participating in 
this process to emphasize the importance of pr eserving funding for both the IPPC and Codex. 
                                                     
 
2 The questionnaire was subsequently circulated as JOB 08/58 on 3 July 2008.  G/SPS/R/51 
 Page 27 
 
 
  150. The representative of UNCTAD reported on the recently held 12th session of UNCTAD in 
Ghana, and on two related workshops on sustainability  standards held in Ghana and Tanzania.  More 
information was available at http://www.unctad.org/trade_env/index.asp .   
151. The Secretariat drew attention to a docum ent submitted by the WHO, circulated as 
G/SPS/GEN/855. 
XIII.  OBSERVERS – REQUESTS FOR OBSERVER STATUS 
152. The Committee agreed to invite those organiza tions which had been granted observer status 
on an ad hoc, meeting-by-meeting basis to participate in its next meeting.  The Committee also decided to invite all observer organizations to  participate in its next informal meetings. 
153. The Committee was unable to reach any decision with regard to the requests for observer 
status from the Office International de la Vigne et  du Vin (OIV), from the Asian and Pacific Coconut 
Community (APCC), from the Convention on Biological Diversity (CBD), or from the Gulf Cooperation Council Standardisation Organization (GSO).  The Committee agreed to revert to this 
matter at its next meeting. 
XIV.  CALENDAR OF MEETINGS FOR 2009 
154. The Committee adopted a calendar of meetings  for 2009 (G/SPS/GEN/860).  Meetings were 
tentatively scheduled for 24-26 Febr uary; 23-25 June and 13-15 October 2009. 
XV. OTHER BUSINESS 
155. The representative of the European Comm unities informed the Committee that the 
International Food and Agricultural Trade Policy Council (IPC), had organized a workshop on an interesting report on EU and US requirements fo r imports of green beans and shrimp.  This was 
scheduled to take place on 26 June at the Gra duate Institute next door to the WTO.   
156. The representative of Senegal raised concerns  regarding mango exports from Senegal to the 
European Communities.  In 2007, the rapid alert sy stem had warned that the limit for a post-harvest 
product had been exceeded.  In fact, this informati on had been based on a testing error.  Senegal had 
asked for it to be corrected in the rapid alert syst em, but had received no response.  Only one exporter 
had been concerned, but all mango exports from Se negal were being affect ed.  Senegal asked the 
European Communities to lift the sanctions. 
XVI.  DATE AND AGENDA OF NEXT MEETING 
157. The Secretariat invited Members to submit documents early and in electronic form, if 
possible.  Due to the very heavy wo rkload in October, including the 4
th specialized SPS course and an 
ongoing dispute in addition to the Committee meetings , it was particularly important that Members 
respect the deadlines. 
158. The next meeting of the Committe e is tentatively scheduled for 8-9 October 2008 , with 
informal meetings on special and differential treatme nt and on the past and future reviews of the SPS 
Agreement scheduled for 7 October .  The workshop on best practice in SPS-related technical 
assistance will be held on 6 October .  G/SPS/R/51 
Page 28  
 
  159. The relevant deadlines for submitting ite ms for the agenda are as follows: 
(i) For responses to the questionnaire on private standards (JOB08/58): Tuesday, 22 
July 2008 ; 
(ii) For identifying new issues for consideration under the monitoring procedure, and for 
requesting that items be put on the agenda :  Thursday, 25 September 2008;  
(iii) For the distribution of the airgramme:  Friday, 26 September 2008.  
__________