WORLD TRADE  
ORGANIZATION   
G/SPS/GEN/1157 
25 June 2012 
 (12-3359) 
Committee on Sanitary and Phytosanitary Measures  
  
 
OBSERVERS IN THE SPS COMMITTEE - THEIR ROLE  
AND OUTSTANDING REQUESTS  
 
Note by the Secretariat
1 
  
1. At its meeting of 27-29 March 2012, the Committee agreed to discuss various matters relating 
to observers at an informal meeting scheduled fo r 9 July 2012, and requested the Secretariat to 
prepare a background document and an agenda for this meeting.
2  This background document is 
intended to assist Members in their consideration of two distinct but related ma tters:  (i) the role of 
observers - and in particular of international intergovernmental organization observers - in the 
meetings of the SPS Committee;  and (ii) the gr anting and maintaining of observer status to 
international organizations. 
2. The Committee may wish to take actions as suggest ed in paragraphs 14, 15, 18, 19, 23 and 24 
of the present document. 
3. A number of previous documents have addressed various matters relating to observers in the 
SPS Committee.  These include: 
Document Title Relevant content Date 
G/SPS/1 Working Procedures of the 
Committee Paragraph 7 - grants observer 
status to Codex, IPPC and OIE, and indicates that other 
organizations may be invited to 
Committee meetings in accordance with the General 
Council guidelines. 4 April 1995 
WT/L/161 Rules of Procedure for 
Sessions of the Ministerial Conference and Meetings 
of the General Council Annex 3 contains guidelines on 
international intergovernmental organizations granted observer 
status. 25 July 1996 
G/SPS/W/95 International Observer 
Organizations EC submission proposing 
criteria for granting observer status 23 November 1998 
                                                      
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. 
2 See para. 135 of G/SPS/R/66. G/SPS/GEN/1157 
Page 2  
 
  Document Title Relevant content Date 
G/SPS/W/98 Consideration of Requests 
for Observer Status Summarized concerns raised by 
Members regarding the grant of 
observer status and criteria proposed by Members as most 
appropriate in the consideration 
of requests (paragraph 7). 19 February 1999 
G/SPS/GEN/121 + 
addenda Applicants for Observer 
Status This document and addenda 
summarize the information 
provided by the various bodies seeking observer status in the 
SPS Committee. 15 June 1999, and 
subsequently for 
addenda - most recently 15 May 2012 
G/SPS/GEN/229 Criteria for Observer 
Status Recalls the criteria agreed by 
the Committee for granting observer status (G/SPS/W/98, 
paragraph 7), and recalls the 
status of requests.  23 February 2001 
G/SPS/GEN/253 The Role of International 
Intergovernmental 
Observer Organizations in 
Meetings of the Committee Notes the SPS Committee 
Chairpersons' practice of 
permitting observer 
organizations to intervene under any agenda item, 
encouragement that observer 
organizations submit written reports in advance of meetings, 
and participation in informal 
meetings.  12 June 2001 
G/SPS/GEN/775 Relationship with Codex, 
IPPC and OIE Provides background 
information on various aspects 
of the relationship between the implementation of the SPS 
Agreement and the work of the 
Codex, IPPC and OIE. 15 May 2007 
G/SPS/R/57 Summary Report of the 
Workshop on the 
Relationship between the 
SPS Committee and the International Standard-
setting Organizations  Report of the 26 October 2009 
workshop, including 11 
recommendations to enhance 
this relationship (para. 28). 22 February 2010 
G/SPS/GEN/1112 Outstanding Requests from 
International Intergovernmental 
Organizations Summarizes the Committee's 
working procedures for considering requests for 
observer status and suggests the 
categorization of pending requests. 30 September 2011 
G/SPS/W/78/Rev.9 International 
Intergovernmental 
Organizations - Requests 
for Observer Status in the 
SPS Committee  Lists all organizations with 
observer status, and pending 
requests for observer status. 6 October 2011 
  G/SPS/GEN/1157 
 Page 3 
 
 
  4. The SPS Committee has granted observer status to 15 international intergovernmental 
organizations and to the Internati onal Organization for Standardizati on (ISO) - hereinafter referred to 
as "observer organizations"..  The Committee granted observer status to the Codex, OIE and IPPC in 
March 1995;  to the FAO and WHO in June 1995;  to ISO and ITC in November 1995;  to UNCTAD in March 1996;
3  to the World Bank and the IMF in November 1996,4 and on an ad hoc meeting-by-
meeting basis since November 1999 to ACP, EFTA , IICA, OECD, OIRSA and SELA; also on an ad 
hoc basis since March 2010 to ECOWAS, CEN-SAD, SADC, and since June 2010 to WAEMU and AITIC.  Decisions on requests from 11 other organizations are pending. 
1. Proposed Agenda for Informal Meeting 
5. In light of the above, it is proposed that at the informal meeting of 9 July 2012, the 
Committee considers the following: 
 (1) Relevant background information, including this note; 
 (2) Clarification of the desired role of ob server organizations in the meetings of the SPS 
 Committee; 
 (3) Review of current practices regarding ex tension of invitations to ad hoc observer  
  organizations; 
 (4) Consideration of outstanding requests for observer status. 
6. The remainder of this document is structur ed along the lines proposed above, addressing 
points (2), (3) and (4). 
2. Role of Observer Organizations 
7. As stated by the General Council, the purpose of observer status for international 
organizations in the WTO is to enable these organi zations to follow discussions therein on matters of 
direct interest to them.  Observer status should accordingly be considered for organizations with 
competence and a direct interest in trade policy matters, on a case-by-case basis, taking into account 
the nature of work of the organization, its me mbership and the number of WTO Members in the 
organization, and whether it provides reciproc ity of access to proceedings, documents, etc.5 
8. At its March 1999 meeting, in deciding on re quests for observer status, the SPS Committee 
agreed to apply the criteria identified in paragra ph 7 of document G/SPS/W/98, and also agreed that, 
as an interim step, such requests would be granted only on an ad hoc, meeting-by-meeting basis.  In 
particular, it was decided that the Committee shoul d consider the mandate, scope and area of work 
covered by the organization and that "observer st atus should be granted to organizations which 
objectively contributed to the functioning and im plementation of the SPS Agreement" (G/SPS/R/14, 
paragraphs 58-61). 
9. In practice, the Committee has re quested that observer organizations provide information on 
any of their activities that are relevant to the f unctioning and implementation of the SPS Agreement or 
to the work of the SPS Committee.  They are enc ouraged to submit written reports on their relevant 
activities in advance of Committee meetings, and to  highlight the most important aspects of these 
reports at the meeting.  Observer organizations have also been encouraged to speak on any item of the 
                                                      
3 Codex, OIE, IPPC, FAO, WHO, ISO, ITC and UNC TAD were granted "regular" observer status in 
March 1997. 
4 Observer status in WTO subsidiary bodies was provided through the WTO Agreements with the Fund 
and World Bank (WT/L/194 and paragraph 6 Annex I and paragraph 5 Annex II of WT/L/195). 
5 See WT/L/161, Annex 3. G/SPS/GEN/1157 
Page 4  
 
  agenda that is relevant to their work, such as tec hnical assistance, after all interested Members have 
been given the floor.  Observer organizations have , on occasions, been specifi cally requested by the 
Chairperson to provide information with regard  to a specific issue before the Committee.   
10. A review of the summary reports of the Committee's meetings over the past ten years 
indicates that observer organizations have intervened not only to provide inform ation on their relevant 
activities, but also to clarify factual, scientific or technical information related to the relevant 
international standards or to the observer organizati on's field of expertise.  This was particularly 
noteworthy with regard to the Committee's discussi ons and eventual development of guidelines on the 
implementation of Article 4 on equi valence, and of Article 6 on regi onalization, and has also occurred 
with respect to some specific trade concerns.  The observer organizations also regularly provide 
information regarding their technical assistance programmes.   
(i) Role of the Three Sisters 
11. The three "sister" organizations, whose standa rds, guidelines and methodologies are explicitly 
referred to in numerous provisions of the SPS Agreem ent, have also provided information regarding 
their standard-setting processes, dispute resolution pr ocedures, and strategic planning.  The standing 
agenda item on monitoring the use of international standards also provides a regular opportunity for 
discussion of the use of existing standards, or identif ication of perceived needs for the development of 
new standards.  The three organizations have, to date, taken prompt action to address specific issues 
raised through the monitoring procedure, and have kept the Committee informed of their relevant 
follow-up actions. 
12. A workshop held in October 2009 examined th e relationship between the Codex, IPPC, OIE 
and the SPS Committee and put forward recommenda tions on how to enhanc e this relationship.
6  In 
the Third Review of the Operation and Implementa tion of the SPS Agreement, the Committee agreed 
to follow-up on the recommendations from the workshop7  These recommendations are annexed for 
ease of reference.   
13. The Committee has already acted on recommendations 1, 3 and 6, changing the order of items 
on the agenda of its meetings, and has already r eceived information from the Three Sisters regarding 
their collaborative work on cross-cu tting issues, as well as on their strategic planning.  With respect to 
recommendations 2 and 5, a number of joint traini ng activities are organized for 2012, but reduced 
funds available for WTO technical assistance, as well as funding constraints in the other 
organizations, have limited the possibility to increase jo int training and to hold coordination meetings.  
Recommendation 10 was addressed at the October 2011  workshop on coordination at the national 
level, and the IPPC, at least, has established a "Help Desk" in line with recommendation 11.   
14. In terms of recommendation 7 - transmitting info rmation relating to trade issues linked to the 
non-use of standards, absence of standards, or in appropriate standards to the relevant Sister 
organization - this is in part already addressed by the formal transmission to the Three Sisters of the 
Committee's annual report on the monitoring of the use of international standards.  The Secretariat 
also draws attention to trade concerns that relate to  food safety, plant protection, or animal health, in 
its respective reports as an observer to the C odex Alimentarius Commission, the Commission on 
Phytosanitary Measures, and the General Session of the World Assembly of OIE Delegates.  
However, the Committee may wish to consider  other means for the implementation of these 
recommendations. 
                                                      
6 G/SPS/R/57. 
7 G/SPS/53, para. 134.  G/SPS/GEN/1157 
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  15. Finally, the Committee may wish to consider how to implement recommendation 5 to ensure 
equivalence among results of sta ndards on related products , and recommendation 9 to make better use 
of the information regarding the use of interna tional standards which is available from the SPS 
notifications. 
3. Participation of Observer Organizations 
16. In 1997, the Committee granted "regular" observer status to eight organizations, and two 
others were granted observer status as of 1996 as pa rt of separate WTO reciprocity agreements.  Since 
that time, however, the Committee has granted observer status only on  an ad hoc, meeting-by-meeting 
basis.  At the end of each of its regular meeti ngs, the Committee decides whether and which of these 
organizations to invite to participate in the next regular meeting of the Committee.  In practice, the 
Committee has decided to invite all ad hoc observer organizations to its sub sequent meeting, and has 
normally also invited all observer organizations to  participate in its informal meetings as well. 
17. It is apparent from the records of the Committee meetings that the degree of participation of 
the observer organizations varies considerably.  Some  of the observer organizations - both regular and 
ad hoc - have participated regularly in virtually all of the Committee's meetings since they became 
observers, and routinely provide written reports of the activities, as requested by the Committee.  This 
is the case, for example, not only of the Codex, IP PC and OIE, but also of IICA and OIRSA.  Other 
observer organizations have participated periodically  over the years, including the FAO, ISO, ITC, 
OECD, UNCTAD, WHO, World Bank and ACP Group.  For several observer organizations, there is no record of their participation in recent years,  including the IMF, EFTA and SELA, and one observer 
organization has ceased to function (AITIC). 
18. Although it has not done so previously, th e Committee may wish to apply the General 
Council's guideline which indicates that if an obser ver organization does not attend meetings for any 
one-year period of time after the date observer status was granted, observer status would cease.
8  
Following the October 2011 Committee meeting, the Secretariat contacted all observer organizations 
and, inter alia , drew their attention to this guideline.  The Committee may wish to decide that 
observer status has lapsed for any observer organization which has not been present at any of the 
Committee's meetings during 2012.   
19. In addition, in light of its long-standing practi ce of inviting all ad hoc observer organizations 
to participate in the next regular meeting of the Committee, the Committee may wish to avoid the 
disruptions and delays created when it requests observer organizations to leave the room while it 
considers this matter at the end of each meeting.  Instead, the Committee may wish to adopt the 
process agreed by the Committee on Agriculture, and to  invite the ad hoc observer organizations to 
participate in all meetings of the Committee fo r the following year, unless a Member requests 
otherwise.  
4. Outstanding Requests for Observer Status 
20. As noted above, the Committee cu rrently has 11 outstanding re quests for observer status.  
Following each regular meeting of the Committee, the Secretariat must contact each of these 
organizations to inform them that the Committee has not yet reached a c onsensus regarding their 
respective request, and that the matter will be consid ered at the subsequent meeting of the Committee. 
21. In September 2011, the Secretariat suggested a possible classification of the organizations 
whose observer request was outstanding, in order to  facilitate the Committee's consideration of these 
                                                      
8 G/SPS/L/161, Annex 3, para. 10. G/SPS/GEN/1157 
Page 6  
 
  requests.
9  The suggested categories, according to the nature of work of the organization and its 
membership, were: 
(a) African regional secretariat and development bodies (four requests including the 
latest one from the African Union); 
(b) Other regional bodies (one request); 
(c) Commodity-specific organizations (three requests); 
(d) International "scientific" organi zations (one request); and  
(e) Other global bodies (two requests). 
22. In December 2011, those organizations whose request had been subm itted before 2009 were 
asked to re-confirm this request.  The table be low indicates the current status of these requests 
classified according to the above-mentioned categories. 
Outstanding intergovernmental 
organizations Application 
received on Application 
renewed on Background 
information 
G/SPS/GEN/121/ 
African regional secretariats and 
development bodies     
AU 13 September 2011  Add.14 
COMESA 15 February 2011  Add.12 
ECCAS/CEEAC 8 January 2011  Add.10 
IGAD 11 March 2011  not yet received 
Other regional bodies      
GSO 6 May 2007 2 January 2012 Add.3/Rev.1 
Commodity-specific organizations      
APCC 25 October 1999 20 April 2012 Add.1/Rev.1 
ICCO 14 July 2011  Add.13 
OIV 1 March 1999 2 April 2012 Add.15  
International "scientific" 
organizations    
CABI 11 February 2011  Add.9 
Other global bodies      
CBD 13 June 2002 11 August 2010 Add.2/Rev.1 
CITES 14 March 2011  Add.11 
 
23. Consideration by categories could ensure that th e Committee was consistent in its decisions.  
For example, the Committee may decide to grant ob server status to all outstanding requests from the 
African regional secretariats and development bodies'  category on the basis that four organizations 
from this category have already been granted with  observer status in the past (CEN-SAD, ECOWAS, 
SADC, WAEMU).  Also, the Committee may decide that at this point in time it does not see significant value in granting observer status to co mmodity-specific organizations.  In this case, the 
Secretariat could inform the four organizations with commodity-specific mandates once, and further 
contact would be necessary only if the Committee were in  future to decide to reconsider this matter. 
24. Alternatively, the Committee may wish to cons ider the outstanding requests on a one-by-one 
basis.  
                                                      
9 G/SPS/GEN/1112.  G/SPS/GEN/1157 
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  ANNEX 
 
Paragraph 28 of G/SPS/R/57, Summary Report of th e Workshop on the Relationship between the SPS 
Committee and the International Standard -setting Organizations, 26 October 2009 
 
V. RECOMMENDATIONS  
28. The recommendations arising from the workshop included the following:   
(1) Moving the reports on activities of the Three Sisters to earlier in the 
Committee's agenda; 
(2) Increasing the number of joint capacity building activities which could 
provide an opportunity to discuss current work, for example, draft standards; 
(3) Joint work by two or all Three Sisters on cross-cutting issues such as 
certification, inspection, approval procedures and/or risk analysis; 
(4) Coordination meetings among the Three Sisters and with the WTO 
Secretariat;   
(5) Consideration of how to ensure equi valence among results of standards on 
related products; 
(6) Soliciting more information at the strategic planning phase of the Three 
Sisters work;   
(7) The SPS Committee transmitting informa tion relating to trade issues linked 
to non-use of standards, absence of standards, or inappropriate standards to 
the relevant Sister organization; 
(8) Requesting the Three Sisters to anal yze the current specific trade concerns 
raised in the SPS Committee to see whic h of these could have been addressed 
by the use of the existing international standards; 
(9) Better use by the SPS Committee of th e information regarding the use of 
international standards which is available from the SPS notifications; 
(10) Identifying ways to improve coordina tion at a national level of the relevant 
representatives of the Three Sisters and SPS representatives;  and  
(11) The establishment of a "help d esk" to answer enquiries and provide 
information in each of the Three Sisters and the WTO Secretariat. 
 
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