WORLD TRADE  
ORGANIZATION  G/SPS/W/224/Rev.4 
13 May 2009 
 (09-2351) 
Committee on Sanitary a nd Phytosanitary Measures  
  
 
PROPOSED REVISION OF THE PROC EDURE TO ENHANCE TRANSPARENCY 
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR OF DEVELOPING 
COUNTRY MEMBERS (G/SPS/33) 
 
Note by the Secretariat
1 
 
Revision  
  
INTRODUCTION 
 
1. In October 2004, the Committee on Sanitary and Phytosanitary Measu res ("the Committee") 
adopted a procedure to enhance transparency of  special and differential treatment within the 
Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") 
(G/SPS/33, hereinafter referred to as the "S&D Transp arency Procedure").  This decision provided for 
a review of the implementation of the S&D Transpar ency Procedure within one year of its adoption. 
2. In February 2006, the Committee decided to ex tend the S&D Transparency Procedure as 
adopted in October 2004 and to review its implementa tion no later than at its first regular meeting in 
2008, with a view to deciding then whether to continue with the same procedure or introduce 
modifications. 
3. In March 2008, the Committee decided to dela y its review of the S&D Transparency 
Procedure until after the confirmation of the revisi on of the recommended transparency procedures on 
30 May 2008 (G/SPS/7/Rev.3). 
4. On 6 June 2008, the Secretariat circulated a proposed revision to the S&D Transparency 
Procedure reflecting (i) proposals informally subm itted by Egypt (Job(07)/104), (ii) modifications 
related to the change in the recommended transpar ency procedures in general (G/SPS/7/Rev.3), and 
(iii) relevant discussions in the SPS Committ ee (G/SPS/W/224).  The proposed revision has 
subsequently been modified in light of Member s' comments and discussions in the Committee.  
5. This fourth revision to W/224 incorporates th e additional comments and suggestions made by 
Members following the circulation of the third revision.  The most recent proposed additions are underlined, while proposed deletions are struck-out .  Explanations provided by Members for the 
proposed changes are included in footnotes. 
                                                     
 
1 This document has been prepared under the Secretar iat's own responsibility and is without prejudice 
to the position of Members or to their rights and obligations under the WTO. G/SPS/W/224/Rev.4 
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  PROCEDURE TO ENHANCE TRANSPARENCY OF SPECIAL AND DIFFERENTIAL 
TREATMENT IN FAVOUR OF DEVELOPING COUNTRY MEMBERS 
 
Proposed Decision by the Committee
 
 
 
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Recalling that paragraph 1 of Article 10 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreemen t") states that in the preparation and application of sanitary or 
phytosanitary measures, Members sh all take account of the specia l needs of developing country 
Members, and in particular of th e least-developed country Members; 
 Seeking to develop effective, concrete and operational means to facilitate the implementation of this 
provision; 
 
Recognizing  the difficulties that Member s, and in particular developi ng country and least-developed 
country Members, may face in adapting their produ cts and methods of production to new or changed 
requirements of im porting Members;  
 Recognizing  also the need to make transparency procedures more effective and operational for 
developing country Members, and in par ticular least-developed country Members; 
 Noting  that the provision of technical assistance, as referred to in Article 9 of the Agreement, may 
assist Members adapt their products and methods of production to new or changed requirements; 
 
Recalling  that paragraph 2 of Article 9 of the Agreement indicates that where substantial investments 
are required in order for an exporting developing coun try Member to fulfil the sanitary or phytosanitary 
requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to main tain and expand its market access opportunities for 
the product involved;  
 
Recalling  that the Committee's regular agenda items  on the "Implementation of Special and 
Differential Treatment" and on the "Operation of Tr ansparency Provisions" provide opportunities, on 
an on-going basis, for raising concerns or assessing progress with respect to the implementation of the 
procedure to enhance transparency of special a nd differential treatment in favour of developing 
country Members; 
 
Encourages Members to make full use of this procedure and thereby to also contribute to enhanced 
transparency with respect to special and differe ntial treatment and/or technical assistance being 
offered or provided upon request;  and 
 
Decides  that the following revised  procedures should be followed to e nhance transparency of special 
and differential treatment in favour  of developing country Members : 
 
1. The procedure to enhance transparency of sp ecial and differential treatment in favour of 
developing country Members essentially follows th e relevant current practices and recommendations 
regarding the submission and handling of notificatio ns as described in G/SPS/7/Rev.3, with additional 
actions included as Steps 5 through 9
. 
2. The Committee may assess the needs of developing country Members, and in particular least-
developed country Members, to ensure the effec tive functioning of a National Notification Authority 
and Enquiry Point, including the capacity to effectiv ely receive and review the notifications of other  G/SPS/W/224/Rev.4 
 Page 3 
 
 
  Members, in order to identify and react to those which may have a potential significant effect on their 
international trade.2  Members are encouraged to fo llow the Recommended Procedures for 
Implementing the Transparency Obligations of the S PS Agreement (Article 7) and the guidance in the 
Procedural Step-by-Step Manual for SPS National Notification Authorities and SPS National Enquiry 
Points.3  Members who need assistance in this regard should consider, inter alia , the use of the 
"mentoring" mechanism for assisting Members in th e implementation of the transparency provisions 
of the SPS Agreement.4 
The Committee shall  examine ways to ensure that de veloping country Members, and in 
particular least -developed country Members, have the capacity  to effectively receive and review the 
notifications of other Members, in order to identify those which may have potential signific ant effect 
on their international trade.  The Committee may consider, inter alia : 
(a) an assessment of the needs of developing country Members, and in particular 
least-developed country Members, to ensure the effective functioning of a National 
Notification Au thority and Enquiry Point;  
(b) the identification of means to fund the participation of National Notification 
Authorities and/or Enquiry Points from developing country Members, and in 
particular from least -developed country Members, to meetings of the Committe e; 
(c) the development of a mechanism for sh aring comments submitted by Members in 
response to SPS notifications;  and  
(d) the development of a "quick guide" to in form developing country Members of the 
steps which they may take should they have reason to believe t hat a new or modified 
SPS measure could have significant e ffect on their international trade.  
3. The Committee shall review the implementation of this procedure, in light of the experiences 
of Members and the submission of notifications, as an  integral part of its periodic Review of the 
Operation and Implementation of the Agreement under Ar ticle 12.7.  The next such Review is to be 
completed in 2013 , and every four years subsequently. 
4. The Committee may decide to modify, suspend or  terminate this procedure at any time, in 
light of the experiences of Members in its implementation. 
5. This procedure is without prejudice to th e rights and obligations of Members under 
Article 10.1 of the SPS Agreement.  The Committ ee recognizes that this procedure does not fully 
resolve the issue of special and differential treatment , but that it is one step in addressing the problem 
of implementation of the special and differentia l treatment provisions of the Agreement.  The 
Committee agrees to consider other proposals and possible actions. 
 Step 1 .  A Member preparing a new or a modification to an existing SPS regulation 
shall submit a notification to the WTO Secretariat,  following the guidance provided in Annex B of the 
SPS Agreement and G/SPS/7/Rev. 3.  The notification shall  should  be made when a draft with the 
complete text of the proposed regulation is availabl e;  such notification shall take place at an early 
                                                      
2 Work has been done in a number of fora (e.g. STDF regional assessments, STDF 108 IICA project on 
enquiry points in the Americas) on determining the needs of national enquiry points in developing and least-
developed country Members.  
3 G/SPS/7/Rev.3.  The Procedural Manual is ava ilable on request from the WTO Secretariat or 
electronically at :  http://www.wto.org/english/res_e/book sp_e/sps_procedure_manual_e.pdf  
4 G/SPS/W/217 . G/SPS/W/224/Rev.4 
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  stage, and when amendments can still be introduced and comments taken into account.
5  The notifying 
Member should provide in Box 3 of the notificat ion format a clear description of the products 
covered, including tariff item numbers where possible.  The notifying Member should also complete Box 4, identifying the geographical regions or countri es likely to be affected by the notified regulation 
to the extent relevant or practicable.  The notif ying Member is encouraged to submit an electronic 
version of the text of the notified draft regulation t ogether with the notification format, or to include a 
hyperlink to the electronic address of the notified draft regulation.
6  Furthermore, developed country 
Members shall provide, upon request, a translati on of the notified draft document, or in case of 
voluminous documents, a translation of a summary of the document, in any of the  a WTO working 
languages, in accordance with paragra ph 8 of Annex B of the SPS Agreement .  Any Member 
possessing an unofficial translation of a document relating to a notification should inform the 
notifying Member of the existence of the unofficial translation and submit to the Secretariat a 
supplement to the original notification indicating the address for requesting a copy or the website 
address where the unofficial tran slation can be found.7  The notifying Member should include in 
Box 10 the proposed date of publication of the notified regulation, and identify in Box 11 the 
proposed date of its entry into force.  Except in  urgent circumstances, the notifying Member shall 
allow a reasonable interval, which shall be understood to  mean normally a period of not less than six 
months,  between the publication of a sanitary or phyto sanitary regulation and its entry into force in 
order to allow time for producers in exporting Memb ers, and particularly in developing country 
Members, to adapt their products and methods of  production to the requirements of the importing 
Member.8  The notifying Member should identify in Box 12 the final date for receiving comments and 
the agency responsible for handlin g comments.  The Member shall normally allow a period of at least 
60 days for comment, except for proposed measur es which facilitate trade and those which are 
substantially the same as an international sta ndard, guideline, or recommendation.  Any Member 
which is able to provide a time-limit beyond 60 days is encouraged to do so. 
 Step 2 .  The Secretariat will circulate the notification with the minimal delay 
possible.9  The Secretariat will provide paper copies of the notification to the permanent missions of 
all WTO Members, and mail paper copies to one ot her designated address if so requested by a 
Member.  The notification will be posted on both th e "Members' Only" and the public web sites of the 
WTO, including through the SPS Information Management System ( http://spsims.wto.org ) and will 
be electronically sent within one week of circ ulation to all addresses on the SPS self-subscribing 
electronic mailing list (in the language received by th e Secretariat).  The notification will be included 
in the monthly summary of SPS notifications circulated by the Secretariat.  If a developing country 
Member has difficulties in receiving and distributi ng notifications after receipt, the Member should 
inform the Secretariat thereof and propose how the national enquiry point could be improved.10 
                                                      
5 Although Members are not obliged to notify measures  which are substantially the same as the content 
of an international standard, guideline or recommendation, the Committee encourages Members to notify all these measures, as foreseen in  G/SPS/7/Rev.3, paragraph 8.
 
6 See G/SPS/7/Rev.3, paragraph 22.  
7 See G/SPS/7/Rev.3, paragraph 28.  
8 The Ministerial Decision (WT/MIN(01)/17), paragraph 3.2, states: 
"Subject to the conditions specified in paragraph 2 of Annex B to the Agreement on the 
Application of Sanitary and Phytosanitary Measur es, the phrase "reasonable interval" shall be 
understood to mean normally a period of not less than 6 months. It is understood that 
timeframes for specific measures have to be considered in the context of the particular 
circumstances of the measure and actions necessary  to implement it.  The entry into force of 
measures which contribute to the liberalization of trade should not be unnecessarily delayed." 
9 Circulation normally occurs with in three to five days of receipt  of the notifica tion by the WTO 
Central Registry of Notifications (CRN).  
10 The "mentoring" procedure for assisting Member s in the implementation of the transparency 
provisions of the SPS Agreement, as foreseen in G/SPS/W/217, may be useful in this regard.   G/SPS/W/224/Rev.4 
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   Step 3 .  If a Member with an interest in exporting the products affected by the 
notification identifies a concern with the content of the notification, the exporting Member should 
contact the notifying Member, within the comment pe riod, to seek additional information with respect 
to the notified measure and to identify their concer ns.  If the exporting Member requests an extension 
of the comment period, the notifying Member should grant requests for extension of the comment 
period wherever practicable, in particular with regard  to notifications relating to products of particular 
interest to developing country Members, where there have been delays in receiving and translating the 
relevant documents or where there is a need for further clarification of the measure notified.  A 
30-day extension should normally be provided and notified to the WTO.11 
 Step 4 .  The notifying Member should acknowl edge receipt of the request for an 
extension of the comment period, or for additional information, within five working days.  When 
requested, the Member should normally provide copies of the proposed regulation within five 
working days, and to the extent possible also any other related documents .12  The Member should  
explain within a reasonable period of ti me, and at the earliest possible date  before the adoption of the 
measure,  to any Member from which it has received comments, how it will take these comments into 
account and, where appropriate, provide additional relevant information on the proposed sanitary or 
phytosanitary regulation, such as information relate d to testing and inspection of the product(s) in 
question.  Documents requested should normally be provided within five working days.  
 Step 5 .  If an exporting Member identifies significant difficulties with the proposed 
measure, that Member  may in its comments request, in writing, an opportunity to discuss and attempt 
to resolve the issue of concern  potential difficulty  with the notifying Member.  Where the appropriate 
level of sanitary and phytosanitary protection allo ws scope for the phased introduction of the new or 
modified measure, longer time-frame for complian ce should be accorded to developing country 
Members, which shall be understood to mean normally a period of not less than six months.  Where 
the appropriate level of sanitary and phytosanita ry protection does not allow scope for the phased 
introduction of a new measure, but specific problem s have been identified by an exporting Member, 
the Member applying the measure shall upon requ est enter into consultations with the exporting 
Member with a view to finding a mutually satisfact ory solution to the problem while continuing to 
achieve the importing Member's a ppropriate level of protection. 13  Possible  resolution  of the concern 
identified could include one of the following, or a combination thereof:  (1) a change in the measure 
to be applied on a MFN basis;  (2) the provision of technical assistance to the exporting Member;  or (3) the provision of special and differential treat ment.  Should special and differential treatment 
be 
provided, it would apply equally to all developing country Members.   
  Step 6
.   If, following the entry into force of a new or modified regulation (including 
an emergency measure), an exporting Member identif ies significant difficulties which its exports face 
in complying with the new or modified regulatio n, it may request an opportunity to discuss its 
difficulties with the importing Member to attempt to resolve the issue of concern, especially where no 
time, or an insufficient period of time, has been provided for comments.  Where the appropriate level 
of sanitary and phytosanitary protection allows scope for the phased introduction of the new or 
modified measure, longer time -frame for compliance should be accorded to developing country 
Members, which s hall mean normally a period of not less than six months.  Where the appropriate 
level of sanitary and phytosanitary protection does not allow scope for the phased introduction of a 
new measure, but specific problems have been identified by an exporting Mem ber, the Member 
applying the measure shall upon request enter into c onsultations with the exporting Member with a 
view to finding a mutually satisfactory solution to the problem.   In the case of such a request from an 
exporting developing country Member,  the importing Member would, in any discussions,  examine 
                                                      
11 See G/SPS/7/Rev.3, paragraph 33.  
12 See G/SPS/7/Rev.3, paragraph 19.  
13 See WT/MIN(01)/17, paragraph 3.1.  G/SPS/W/224/Rev.4 
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  whether and how the identified problem could best be addressed  to take into account the special needs 
of the interested exporting developing country Member,  
so as to enable it to satisfy the requiremen ts 
of the measure.  while continuing to achieve the importing Member's appropriate level of protection.   
Possible r esolution of the concern identified could include one of the following, or a combination 
thereof:  (1) a change in the measure to be app lied on a MFN basis;  (2) the provision of technical 
assistance to the exporting Member; or (3) the provisi on of special and differential treatment.  Should 
special and differential treatment be provided, it would apply equally to  all developing country 
Members.  
  Step 7
.  When a Member decides on whether and how special and differential 
treatment may be provided for a final  or proposed  measure in response to specific requests, the 
notifying Member should promptly submit to the WTO Secretariat an Addendum to its original notification.  The Addendum shall indicate:  (1) th e name(s) of Member(s) that requested special and 
differential treatment;  (2) if special and differe ntial treatment was provided, the form of such 
treatment;  and (3) if not provided, the Addendum sh all indicate why special and differential treatment 
was not provided and whether technical assistance  or any other solution was found to address the 
identified concern.  A format for the Addendum is contained in the Annex.
  
  Step 8.
  Any Member receiving special and differential treatment or technical 
assistance should inform the notifying Member and the SPS Committee whether  what impact the 
treatment they have received has resolved  had on  the problems they have identified.  This may be 
done in writing and/or under the agenda item on Spec ial and Differential Treatment at any meeting of 
the SPS Committee.   Step 9
.  The Addendum to the notification shall be circulated by the WTO Secretariat 
in the same manner as the notification  G/SPS/W/224/Rev.4 
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  ANNEX 
  
 
WORLD TRADE  
ORGANIZATION  G/SPS/N/COUNTRY/#/Add.#  
date of distribution 
 (##-####) 
Committee on Sanitary a nd Phytosanitary Measures Original:    
 
 
NOTIFICATION  
 
Addendum  
 
  The following communication, received on DD/MM/YY, is being circulated at the request of the Delegation of [Member].  
_______________  
 
 Title outlining the SPS measure at issue
 
  [Text describing any modification to the notified measure.]   Special and Differential Treatment  
 
 (1) Name(s) of Member(s) that request ed special and differential treatment 
 
 (2) Special and differential treatment provided [   ] Yes  [   ] No 
  Describe how such treatment was provided, including what form it took. 
  (3) If special and differential treatment was not provided, indicate why it was not 
provided and whether technical assistance or  any other solution was found to address 
the identified concern. 
 
 Text available from:  [  ] National Notification Authority, [  ] National Enquiry Point, or 
address, fax number and E-mail addr ess (if available) of other body
: 
 
__________