WORLD TRADE  
ORGANIZATION  G/SPS/W/224/Rev.5 
20 October 2009 
 (09-5141) 
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 Members'  comments and discussions in the Committee, most 
recently in June 2009.  At that meeting it was suggested that the procedure could be significantly simplified, in particular by referring to othe r agreed procedures, in particular the agreed 
Recommended Procedures for Transparency (G/SPS/ 7/Rev.3), rather than repeating these.  
                                                     
 
1 This document has been prepared under the Secret ariat's own responsibility and is without prejudice 
to the position of Members or to their rights and obligations under the WTO. G/SPS/W/224/Rev.5 
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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 pa rticular least-developed country Members;
2 
 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 procedure should be used  to enhance transparency of special and 
differential treatment in favour of developing country Members : 
 
                                                     
 
2 Developing country Members may request assistance to ensure the effective functioning of a National 
Notification Authority and Enquiry Point, incl uding the capacity to effectiv ely receive and review the 
notifications of other Members, in order to identify and react to those which may have a potential significant 
effect on their international trade.  The "mentoring" procedure for assisting Members in the implementation of 
the transparency provisions of th e SPS Agreement may also be useful  in this regard (see G/SPS/W/217).  G/SPS/W/224/Rev.5 
 Page 3 
 
 
  1. This procedure to enhance transparency of sp ecial and differential treatment in favour of 
developing country Members should normally be  used during the comment period following the 
circulation of an SPS notification in accordance with  the relevant provisions and procedures contained 
in the Agreement or subsequently adopted by  Members, except as provided in Step 5 below.3 
Steps for proposed measures  
2. If an exporting developing country Member identifies significant difficulties with a proposed 
measure that has been notified, that Member  may, in the comments it submits in writing to the 
notifying Member, request an opportunity to discuss the issue of concern with the notifying Member.  
The exporting developing country Member should identify to the notifying Member the specific 
problems that the proposed measure may create for its  exports, or the specific  reasons why it is unable 
to comply with the notified measure by the implementation date. 
3. In response to such a request, where the appr opriate level of sanitary and phytosanitary 
protection allows scope for the phased introduc tion of the new measure, a longer time-frame for 
compliance should be accorded to developing country  Members, which shall be understood to mean 
normally a period of not less than six months.4 
4. Where the appropriate level of sanitary and phy tosanitary protection does not allow scope for 
the phased introduction of a new measure, the Me mber notifying the measure shall, upon such 
request, enter into consultations with the exporti ng Member with a view to finding a mutually 
satisfactory solution to the problem while continui ng to achieve the importing Member's appropriate 
level of protection.5  Such consultations shall preferably take  place prior to the entry into force of the 
new measure.  A possible resolution  of the concern identified could include one of the following, or a 
combination thereof:  (1) a change in the proposed measure;  (2) the provision of technical assistance 
to the exporting developing country Member;  or (3) the provision of special and differential treatment.   
Steps following entry into  force of a new measure
 
5. If, following the adoption or entry into force of a new or modified measure (including an 
emergency measure), an exportin g developing country Member identifies significant difficulties 
which its exports face in complying with the measure, 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, had been pr ovided for the submission of comments prior to the 
implementation of the measure.  The importing Me mber shall, upon such request from an exporting 
developing country Member, enter into consultati ons with the exporting Member to discuss possible 
means to address the identified problem while continuing to achieve the importing Member's 
appropriate level of protection.  A
 possible resolution of the concern identified could include one of 
the following, or a combination thereof:  (1) a cha nge in the measure;  (2) the provision of technical 
assistance to the exporting developing country Member; or (3) the provision of special and differential treatment.   
                                                     
 
3 In particular, Article 7 and Annex B of the Agreement, and the Recommended Procedures for 
Implementing the Transparency Obligations of the SPS Ag reement (Article 7) contai ned in G/SPS/7/Rev.3.  In 
addition, the Procedural Step-by-Step Manual for SPS National Notification Authorities and SPS National 
Enquiry Points can assist Members in meeting the obligations and following the recommended procedures 
(available electronically at:  http://www.wto.org/english/res_e/bo oksp_e/sps_procedure_manual_e.pdf ).    These 
texts also provide information regarding the availability of SPS notifications, including through the SPS 
Information Management System ( http://spsims.wto.org ).  
4 Ibid. 
5 WT/MIN(01)/17, paragraph 3.1.  This step may also be used where the phased introduction of a 
measure will not resolve the specific problems identif ied by the exporting developing country Member. G/SPS/W/224/Rev.5 
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  Transparency
 
6. When an importing Member decides on whethe r and how special and differential treatment 
may be provided in response to a specific request , that Member should inform the SPS Committee.  
This may be done in writing and/or under the age nda item on Special and Differential Treatment at 
any meeting of the SPS Committee.  Information pr ovided in writing should be submitted to the WTO 
Secretariat as an Addendum to the original notifi cation concerning the measure.  The Addendum shall 
indicate:  (1) the name(s) of Member(s) that requested  special and differential treatment;  (2) if special 
and differential treatment was provided, the form of  such treatment;  and (3) if not provided, the 
Addendum shall indicate why special and differe ntial 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.  
Administration  
7. The Committee shall review the implementation of this procedure, in light of the experiences 
of Members and relevant Addenda, as an integral pa rt of its periodic Review of the Operation and 
Implementation of the Agreement under Article 12.7.  The next such Review is to be completed in 
2013, and every four years subsequently. 
8. The Committee may decide to modify, suspend or  terminate this procedure at any time, in 
light of the experiences of Members in its implementation. 
9. 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. 
  G/SPS/W/224/Rev.5 
 Page 5 
 
 
  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
: 
 
__________