WORLD TRADE  
ORGANIZATION   
G/SPS/W/259/Rev.3 
13 June 2012 
 (12-3112) 
Committee on Sanitary and Phytosanitary Measures  
  
 
PROPOSED RECOMMENDED PROCEDURE 
RELATING TO THE IMPLEMENTATION OF ARTICLE 12.2 
 
Note by the Secretariat
1 
 
Revision 
 
 
INTRODUCTION 
 
1. Article 12.2 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the 
SPS Agreement) states that:  "The Committee shall en courage and facilitate ad  hoc consultations or 
negotiations among Members on specific sanitary or ph ytosanitary issues".  The Working Procedures 
of the Committee, adopted by the Co mmittee in March 1995, provide that: 
"With respect to any matter which has been raised under the Agreement, the 
Chairperson may, at the request of the Members directly concerned, assist them in 
dealing with the matter in question.  Th e Chairperson shall normally report to the 
Committee on the general outcome with respect to the matter in question."2 
2. The Committee has recognized the usefulness of Ar ticle 12.2, and in par ticular of the good 
offices of the Chairperson, as a means of facilitating the resolution of trade problems.3 
3. Several Members have submitted proposals for a procedure to facilitate the use of ad hoc 
consultations and negotiations among Members.4 
4. The draft procedure presented in the first ve rsion of this document sought to combine the 
proposals made to date, to facilitate the identificati on and consideration of those areas where there are 
substantive differences among the proposals.  The doc ument was subsequently revised twice to reflect 
comments received from Members and discussions at informal meetings of the Committee.  The present revision is an attempt to reflect the outcome of the latest discussions at an informal meeting 
held preceding the March 2012 meeting of the Co mmittee, as well as comments submitted in writing 
after the meeting
5.  The Committee has so far discussed the preamble and paragraphs 1 to 16; the 
remaining paragraphs have not yet been  discussed and have not been changed. 
                                                      
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. 
2 G/SPS/1, paragraph 5. 
3 G/SPS/12, paragraph 24, G/SPS/36, paragraphs 87-88, G/SPS/53, paragraphs 116-126. 
4 G/SPS/W/219; G/SPS/W/227;  G/SPS/W/ 233;  G/SPS/W/248;  G/SPS/W/243/Rev.4;  and Job/SPS/1.  
5 Written comments were received jointly fro m India, the Philippines and Switzerland. G/SPS/W/259/Rev.3 
Page 2  
 
  RECOMMENDED PROCEDURE TO ENCOURAGE AND FACILITATE  
AD HOC CONSULTATIONS [OR NEGOTIATIONS] AMONG MEMBERS 
ON SPECIFIC SANITARY OR PHYTOSANITARY ISSUES 
 
Proposed Decision by the Committee 
  
The Committee on Sanitary and Phytos anitary Measures ("the Committee"), 
 
Having regard  to paragraph 1 of Article 12 of the Agre ement on the Application of Sanitary and 
Phytosanitary Measures ("the Agreement"); 
 Seeking  to further encourage and facilitate ad hoc consultations [or negotia tions] among Members on 
specific sanitary and phytosanitary issues, in acco rdance with the provisions of Article 12.2 of the 
Agreement; 
 
Recalling  that the Working Procedures of the Committ ee permit the Chairperson of the Committee to 
assist Members to deal with any matter which has been raised under the Agreement, upon a request by 
the Members directly concerned;  Noting that the ad hoc consultation mechanism, foreseen  in Article 12.2 of the SPS Agreement and in 
the Working Procedures of the Committee, offers  Members an additional route for dialogue and 
exchange of information on sanitary and phytosanitary concerns;  Recalling  that during the reviews of the operation an d implementation of the Agreement, Members 
recognized the usefulness of application of Arti cle 12.2, and encouraged the use of ad hoc 
consultations, including through the good o ffices of the Chairperson of the Committee; 
 [Taking  into account [other proposals under discussion in the WTO Negotiating Groups or 
Committees or Councils] [the on-going negotiati ons of the Doha Development Agenda];] 
 Decides as follows: 
 
I. GENERAL PROVISIONS 
1. This procedure is intended to encourage and f acilitate ad hoc consulta tions [or negotiations] 
(hereinafter referred to as "consultations") among Members on specific sanitary or phytosanitary 
issues, with a view to assist Members to reac h mutually satisfactory solutions, according to 
Article 12.2 of the Agreement. 
2. This procedure [is without prejudice to][doe s not alter][does not add to nor [detract 
from][diminish]] the existing rights and obligati ons of Members under the Agreement nor any other 
WTO Agreement [, including to their interpretation and enforcement.]  [This procedure will not result 
in any legal interpretation, modification or  enforcement of the Agreement itself.]   
3. This procedure is not intended to prejudice in  any way the process or outcome of the work of 
other WTO bodies, including in relatio n to the Doha Development Agenda. 
4. Any Member may at any time request consulta tions regarding any sanitary and phytosanitary 
measure(s) or related technical issue(s) falling under the scope of the Agreement.  [Prior to requesting 
an ad hoc consultation, a Member [is encouraged to ] [may] [shall] raise the issue(s) at a meeting of 
the SPS Committee [as a specific trade concern].]   G/SPS/W/259/Rev.3 
 Page 3 
 
 
  5. Member participation in cons ultations is voluntary [beyond the exchange of information] 
[beyond participation in a first meeting].  [At any time, the consulting Members may agree on 
carrying out bilateral meetings.] 
6. [[The decision of whether to participate in consultations, and][all pos itions taken by Members 
during such consultations, shall be without prejudice to the rights or obligations of a Member under 
the WTO Agreements.] 
7. The consultations shall be held in good faith , and without prejudice to the Understanding on 
Rules and Procedures concerning the Settlement of  Disputes and Members' rights and obligations 
thereunder. 
8. [The consulting Members, as well as all other par ticipants in the consultation, shall treat as 
confidential the information subm itted and positions taken during c onsultations, except for factual 
information already existing in the public domain, unl ess disclosure is consente d to by the consulting 
Members.]  [The consulting Members shall not be required to disclose confidential information which 
would impede law enforcement or otherwise be contra ry to the public interest or would prejudice the 
legitimate commercial interests of particular ente rprises, public or private.]  [The obligation of 
confidentiality would, however, not extend to f actual information already existing in the public 
domain.]  
II. PROCEDURE FOR ADDRESSING CONC ERNS REGARDING SPS ISSUES 
Step A:  Request for Consultations 
9. A Member (hereinafter the "requesting Member") must request consultations with another 
Member (the "responding Member") in writing, in a WTO working language.  [The request should:  
(1) identify the measure(s) or technical issue(s) to  be consulted on; (2) de scribe the reasons for 
requesting consultations and provide a description of  the requesting Member's concern regarding the 
possible effects on trade;  [Further, the request ma y:  ] (3) provide any preliminary questions and 
concerns regarding the measure(s) or technical issue( s);  and (4) identify  any relevant provision(s) of 
the Agreement and relevant international standa rds, guidelines or recommendations adopted by the 
pertinent international organizations as referred to  in the Agreement.]  [The request should identify 
the sanitary or phytosanitary measure and provide a description of the requesting Member's concern 
regarding the measure's effect on trade.] 
10. In addition to sending the request to the r esponding Member, the requesting Member will at 
the same time send a copy of the request to the Chairperson of the Committee and the Secretariat.  [The Committee will be informed of the request at  the subsequent meeting of the Committee.]  [A 
copy of the request shall also be made availabl e to the SPS Committee, which shall circulate it as a 
WTO document.] 
Step B:  Response to a Request 
11. Alternative A:   Within [[10][15][20] [working] days] [one calendar month] [a reasonable 
period of time] of receiving a request, the respondi ng Member will notify the requesting Member, in 
writing in a WTO working language, whether it accepts or rejects the request for consultations, and 
shall provide a copy of this response also to the Chairperson of the Committee and the Secretariat.  
The Committee will be informed of the response to the request (i.e., whether the request was accepted 
or rejected) at the subsequent meeting of the Committee. 
12. [If] [Irrespective of whether] the responding Member accepts the request for consultations, 
the responding Member [should] [shall] [normally] provide a written response to [the information G/SPS/W/259/Rev.3 
Page 4  
 
  contained in] [addressing the concerns and issues rai sed in] the request [within [20][30] days].  [In 
case the response within the time period above is no t practicable, the responding Member shall inform 
the requesting Member of the reasons for the delay, together with an estimate of the period within 
which it will provide its response.  This period should  not exceed an additional [10] days.  [A copy of 
the response shall also be made available to the SPS Committee].   
 Alternative B (to paras. 11-12):  The responding Member shall normally provide a written 
response within 20 days.  In case the response with in the time period above is not practicable, the 
responding Member shall inform the requesting Member of the reasons for the delay, together with an 
estimate of the period within which it will provide its response.  This period should not exceed an 
additional 10 days.  A copy of the response shall also  be made available to the Chairperson of the SPS 
Committee and the Secretariat, which shall circulat e it to all Members.  The response shall also 
indicate the acceptance or rejection of the request for consultations.  The response shall address the 
concerns and issues raised in the request.  The Committee will be informed of the response to the 
request (i.e., whether the request was accepted or  rejected) at the subsequent meeting of the 
Committee.   
 
Step C:  Consultation Procedure 
13. Alternative A:   [Within [15] days of the circulation of the response, the consulting Members 
shall request the SPS Committee Chairperson or the designee thereof to serve  as facilitator for the 
consultations (hereinafter the "Facilitator").]  
[Where the responding Member has accepted th e request for consultations, the consulting 
Members shall set a date for a meeting, [which must  occur within 45 days after the acceptance of the 
request,] in coordination with the Facilitator.] 
 Alternative B:  Where the responding Member has accepted the request for consultations, the 
consulting Members shall request the SPS Committee Ch airperson or the designee thereof to serve as 
a facilitator for the consultations (hereinafter the "F acilitator") [within [15] days of the circulation of 
the response].  The consulting Members shall set a date for a meeting, in coordination with the 
Facilitator.  
 Alternative C:  Within 15 days of the circulation of the response and where the responding 
Member has accepted the request for consultations , the consulting Members shall request the SPS 
Committee Chairperson or the Vice Chairperson or a Friend of the Chair (hereinafter the "Facilitator") 
to serve as facilitator for the consultations.  The co nsulting Members shall set a date for a meeting in 
consultation with the Facilitator, which must occur w ithin 45 days after the date of acceptance of the 
request. 
 
14.  [Any other Member may submit a written request to the consulting Members asking 
to participate in the consultation procedure as a third party within [10] days of the date of circulation 
of the response and acceptance of the request for c onsultations by the responding Member.  Such 
other Member may participate in the consultation procedure if the consulting Members so agree and 
on the terms agreed to by the consulting Members.  The consulting Members sh all reply to the request 
in writing and make a copy available to the Secretariat which will circulate it to all Members.  The third party Member shall be bound by the confid entiality requirements outlined in paragraph 8 of 
these procedures.]   G/SPS/W/259/Rev.3 
 Page 5 
 
 
  15. Alternative A:   The role of the Facilitator is to assist, in an unbiased and independent way, 
communication between the consulting Members.  The Facilitator will consult with both Members 
regarding the parameters of the consultations, including: 
(a) whether it is recommended that technical experts of each consulting Member should 
be present at the consultations; 
(b) whether provision of supplementary questions and written responses is desirable; 
(c) whether a mutually acceptable schedule for such submissions and for further 
meetings, if necessary, can be determined;  
(d) whether third party participation is  desirable and acceptable;  and 
(e) whether, in cases where a consulting Memb er identifies as relevant a standard, 
guideline, or recommendation of the Codex Alimentarius Commission, the World 
Organisation for Animal Health (OIE), or the International Plant Protection 
Convention (IPPC), the secretariat of the rele vant organization or a relevant expert 
thereof should be invited to explain the scope  or content of that standard, guideline, 
or recommendation. 
 Alternative B:   The facilitator, in consultation with the parties, shall have full flexibility in 
organising and conducting the consultations. 
16. [The facilitator [may] [shall not] provide an opinion [on a technical issue nor] on the 
[consistency] [legality] with any WTO Agreement,  including the SPS Agreement, of a measure or a 
consulting Member's position on a technical issue.]  
17. Consultations should normally take place at the WTO headquarters, unless the Members 
agree to some other venue, taking into account the resource constraints of developing country 
Members.  With a view to economising resources,  video-conferencing and other telecommunication 
facilities may also be utilised for consultations. 
17bis. [Where consultations identify a standa rd, guideline, or recommendation of the Codex 
Alimentarius Commission, of the International Plant Protection Convention (IPPC), or of the World 
Organization for Animal Health (OIE), to be re levant, the consulting Members may, by mutual 
consent, request the participation of the Secretariat of the relevant organization.] 
18. The consulting Members will endeavour to comple te the consultations within [a reasonable 
period of time] [a period of time which should not surpass 180 days].  [Any agreed] [The] time limit 
during the consultations may be modified with th e mutual agreement of the consulting Members.  
When either one or both of the consulting Member s wish(es) to conclude the consultations, the 
Member(s) may do so through written notification to the other consulting Member at any time.  The 
Member or Members (if acting jointly) will promp tly provide written notification to the Facilitator 
and the Secretariat that the consultations have concluded. 
19. Alternative A:   At the conclusion of the consulta tions, with approval from both Members, 
the Facilitator will report the general outcome of the consultations to the Committee in accordance 
with the established Working Procedures of the Committee.1  The report will not contain confidential 
information unless both consulting Members consent to the inclusion of such information as described 
in paragraph 8. 
                                                      
1 G/SPS/1, paragraph 6. G/SPS/W/259/Rev.3 
Page 6  
 
   Alternative B:  At the end of the consultations, the Fac ilitator shall issue a draft report to the 
consulting Members on the [sanitary or phytosanitary  measure in consideration, the procedures used 
in the consultations and the] outcome of the consu ltations.  The Members shall have [15][30] days to 
comment on this report.  After considering these co mments, the Facilitator shall circulate a final, 
factual report to the SPS Committee. 
 Alternative C:   At the end of the consultations, the F acilitator shall issue a draft report to the 
consulting Members on the outcome.  The Members sh all have 15 days to comment on this report. 
With approval from both Members, the Facilitator w ill report the general outcome of the consultations 
to the Committee in accordance w ith the established Working Procedures of the Committee.  The 
report will not contain confidential informati on unless both consulting Members consent to the 
inclusion of such information as described in paragraph 8. 
III. TECHNICAL ASSISTANCE 
20. Developing country Members, and in partic ular least-developed country Members, may 
request assistance from the WTO Secretariat to promote their understanding of the use and 
functioning of these procedures.  
IV. [MONITORING 
21. The Secretariat will monitor the use of this pr ocedure, and, in accord ance with paragraph 8, 
will ensure that the conclusions of these procedures  are reflected in the summary of Specific Trade 
Concerns (G/SPS/GEN/204).] 
V. REVIEW AND DURATION 
22. Alternative A:  [ This procedure shall cease to exist and shall be replaced by the "Procedures 
for the Facilitation of Solutions to Non-Tariff Barr iers" as and when the latter is adopted by the 
Negotiating Group on Market Access (NGMA) and is made applicable to the SPS Committee.] 
  Alternative B:   [This procedure shall be reviewed by the SPS Committee as and when the 
"Procedures for the Facilitation of Solutions to N on-Tariff Barriers" is adopted by the Negotiating 
Group on Market Access (NGMA) and a decision taken at that time as to whether this procedure 
should be maintained, revised, or replaced.]  
23. [This procedure will be reviewed periodically and revised as necessary by the Committee in 
light of experience gained through its application.   The Committee should undertake a first review of 
these guidelines not later than [two][three] years af ter their adoption by the Committee and thereafter 
as the need arises.] 
__________