RESTRICTEDWORLD TRADE
ORGANIZATIONG/SPS/W/92
4 November 1998
(98-4277)
Committee on Sanitary and Phytosanitary Measures
TRIENNIAL REVIEW OF THE OPERATION AND IMPLEMENTATION OF
THE AGREEMENT ON THE APPLICATION OF SANITARY AND
PHYTOSANITARY MEASURES
Draft Summary Report
Note by the Secretariat
I. INTRODUCTION
1. Article 12.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS Agreement) provides that "[T]he Committee shall review the operation and implementation of
this Agreement three years after the date of entry into force of the WTO Agreement, and thereafter as
the need arises. Where appropriate, the Comm ittee may submit to the Council for Trade in Goods
proposals to amend the text of this Agreement having regard, inter alia , to the experience gained in its
implementation."
2. The SPS Committee agreed in July 1997 on a procedure to review the operation and
implementation of the Agreement.1  The Committee held [   ] informal meetings and [   ] formal
meetings, at which it considered issues and proposals identified by Members.  These discussions were
informed by a number of background papers submitted by Members.
II. GENERAL
3. The Committee emphasized that the SPS Agreement was a new framework which, during its
first three years and a half of implementation, had improved international trading relationships withrespect to SPS measures.  The Agreement specified Me mbers' rights and obligations in the application
of SPS measures and provided useful guidance for the relevant authorities within each Member for
implementing the new framework.  A substantial part of each formal meeting of the Committee was
devoted to the discussion of particular implementation problems, some of interest to a limited number
of Members and others of broader interest.  The Committee noted with satisfaction the number ofSPS-related trade matters which had been resolved following their discussion bilaterally or at formal
meetings of the Committee.
4. In its discussions of issues concerning the op eration and/or implementation of the Agreement,
the Committee focussed especially on the provisions relating to transparency of sanitary and
phytosanitary measures (Annex B), including the notification procedures;  special and differentialtreatment of developing country Members (Article 10);  technical assistance (Article 9);  international
harmonization (Article 3);  equivalence (Article 4) ; and adaptation to regional conditions (Article 6).
                                                     
1 G/SPS/10G/SPS/W/92
Page 2
5. The Committee observed that Members had not exhausted the discussions on the operation
and implementation of the Agreement.  The Committee adopted a number of decisions,
recommendations and arrangements aimed at improving the operation and implementation of the
Agreement.  It recognized that a number of issues  will need to be addressed in the context of the
future work programme of the Committee.  Moreover, the Committee recalled that, in accordance
with Article 12.7,  the operation and implementation of  the Agreement could again be reviewed "… as
the need arises …".
III. TRANSPARENCY OF SANITARY AND PHYTOSANITARY MEASURES
(ANNEX B)
6. Paragraph 5 of Annex B of the SPS Agreement requires Members to notify new SPS
regulations or modification of existing regulations "[W]henever an international standard, guideline or
recommendation does not exist or the content of a proposed sanitary or phytosanitary regulation is not
substantially the same as the content of an international standard, guideline or recommendation, and ifthe regulation may have a significant effect on trade of other Members(…)".  The Committee noted
that the Agreement had significantly improved tr ansparency in the application of sanitary or
phytosanitary measures.  As of [ date ], over [X] notifications had been submitted by [ X ] Members.
Furthermore, [ X ] Members had established National Enquiry Points to respond to requests for
information.  The Committee recalled that it had adopted recommended notification procedures, aswell as the formats for regular and emergency notifications in 1995 (G/SPS/7.)  It noted that a number
of the concerns related to the operation of the transparency provisions of the Agreement could be
resolved if Members more comprehensively applied the recommended procedures.  In this context,
the Committee also noted that there was a procedure allowing for the extension of the comment
period on notifications.  The Committee recognized the need for an accurate summary of the notifiedmeasure in one of the WTO official languages.  In this respect, the Committee agreed that access of
all Members to informal translations of texts of no tified measures should be facilitated, if possible
through electronic facilities.  A number of the other concerns identified could be addressed by
modifications or clarification of the recommended procedures.  In this regard, and with a view to
ensuring a more effective functioning of the tran sparency provisions, the Committee agreed to the
attached revised recommended notification procedures and notification formats.
IV. SPECIAL AND DIFFERENTIAL TREATMENT, TECHNICAL ASSISTANCE
(ARTICLES 9, 10 AND 14)
7. The Committee recalled that Article 10.1 of the Agreement provides that "[I]n the preparation
and application of sanitary or phytosanitary  measures, Members shall take account of the specialneeds of developing country Members, and in part icular of the least-developed country Members".
8. The Committee agreed to give further consideration to the practical implementation of the
provision in Article 10.2 which states that "… longer time-frames for compliance should be accorded
on products of interest to developing country Members so as to maintain opportunities for their
exports".  It noted, in accordance with Article 9.2, that some importing Members had provided
technical assistance to developing country Members where substantial investments were required in
order for these countries to fulfill the importing Member's SPS requirements.  The Committee stressedthe need for enhanced technical assistance and cooperation to developing countries, in particular with
regard to human resource development, national capacity building, transfer of technology and
information, particularly by way of concrete, "hands-on" assistance.
9. The Committee noted that some of the needed technical assistance could best be provided by
the relevant international organizations, and agreed to bring this matter to their attention, keeping in
mind, however, that this could have a significant impact on the resources of these bodies and/or
Members' resources.  The Committee reiterated the need for Members and the relevant internationalG/SPS/W/92
Page 3
organizations to provide information on their technical cooperation and assistance programmes on a
regular basis.  In this regard, and with a view to making the most efficient use of information
resources available and to facilitate coordination of different technical assistance initiatives, Members
agreed to make available such information.
V. INTERNATIONAL HARMONIZATION (ARTICLES 3 AND 12.4)
10. The Committee recalled that, as required by Ar ticles 3.5 and 12.4 of the SPS Agreement, it had
developed a preliminary procedure to monitor the pr ocess of international harmonization and the use of
international standards, guidelines or recommendations.2  The Committee noted that several concrete
examples had been submitted to the Committee under this procedure.3  It recalled that the operation of
the monitoring procedure would be revi ewed 18 months after its implementation.
11. The Committee recognized the concerns of developing countries with regard to the
procedures for the elaboration and adoption of international standards, but considered that it would be
more appropriate to address such concerns in the relevant international organizations.  It noted thatthis issue was already under discussion in the standard-setting bodies, including by way of an
evaluation of what additional steps are required to ensure more effective participation of developing
countries in the adoption of international standards.  The Committee agreed to request the
representatives of these organizations to keep the Committee informed of developments in this matter.
VI. EQUIVALENCE (ARTICLE 4)
12. The Committee noted with satisfaction the progress in the application of the concept of
equivalence of SPS measures as manifested in the increasing number of bilateral equivalence
agreements.  However, it also noted that most of the agreements were between Members where
similar SPS conditions prevailed.  In this regard, bearing in mind the importance of the recognition of
equivalence of SPS measures for developing countries, the Committee recognized the need for widerefforts in the practical application of this concept.  The Committee encouraged Members to submit
information on bilateral equivalency agreements to be made available to all Members.  The
Committee also recognized the work underway in some  of the relevant international organizations that
could further the application of this concept.
VII. ADAPTATION TO REGIONAL CONDITIONS (ARTICLE 6)
13. The Committee noted that adaptation to regional conditions and the recognition of pest- or
disease-free areas or areas of low pest or disease prevalence were concepts of significant importance
for  trade in agricultural products, especially horticultural and meat products.  In this regard, the
Committee welcomed the increasing number of Members applying these concepts.  However, the
Committee also noted certain difficulties in implementation.  Such difficulties were of diverse natureand included divergences in  interpretation of inte rnational guidelines;  an excessive length of the
administrative process in importing countries for recognizing pest- or disease-free areas or areas of
low pest or disease prevalence;  the relationship with other provisions of the Agreement, such as risk
assessment and equivalence.  The Committee welcomed the contribution of the relevant international
standard-setting bodies in this area to addressing these difficulties.
                                                     
2 G/SPS/11
3 G/SPS/W/87 and Corr.1, G/SPS/W/89 and G/SPS/W/91.G/SPS/W/92
Page 4
VIII.  [OTHER ISSUES CONSIDERED BY THE COMMITTEE
14. Members identified three issues for consideration which were not yet addressed in the
discussions:  (i)  Risk assessment;  (ii)  Dispute resolution;  and (iii)  Annex C.]G/SPS/W/92
Page 5
ANNEX
WORLD TRADE
ORGANIZATIONG/SPS/7/Rev.1
date of distribution
(98-0000)
Committee on Sanitary and Phytosanitary Measures
RECOMMENDED NOTIFICATION PROCEDURES
At its meeting of [11-12 NOVEMBER 1998],  the Committee adopted the following revised
recommended notification procedures with regard to paragraphs 5 and 6 of Annex B of theAgreement.
_______________
Members should follow these guidelines when notifying regulations as required in paragraphs
5 or 6 of Annex B.  The format for regular notifications (Item F below) should be used fornotifications in accordance with paragraph 5 of Annex B, whereas the format for emergencynotifications (Item G below) should be used for notifications as provided for in paragraph 6 ofAnnex B.
A. Application of Annex B, paragraph 5 (preambular part) of the SPS Agreement
Recommendation:
For the purposes of Annex B, paragraphs 5 and 6 in the SPS Agreement, the concept of
"significant effect on trade of other Members" may refer to the effect on trade:
- of one sanitary or phytosanitary regulation only or of various sanitary or
phytosanitary regulations in combination;
- in a specific product, group of products or products in general;  and- between two or more Members (countries).When assessing whether the sanitary or phytosanitary regulation may have a significant effect
on trade, the Member concerned should take into consideration, using relevant information which isavailable, such elements as the value or other importance of imports in respect of the importing and/orexporting Members concerned, whether from other Members individually or collectively, the potentialdevelopment of such imports, and difficulties for producers in other Member s to comply with theG/SPS/W/92
Page 6
proposed sanitary or phytosanitary regulations.  The concept of a significant effect on trade of other
Members should include both import-enhancing and import-reducing effects on the trade of otherMembers, as long as such effects are significant.
B. Timing of notifications
Recommendation:
(A) When implementing the provisions of paragraph 5 of Annex B, a notification should be made
when a draft with the complete text of a proposed regulation is available and when amendments canstill be introduced and comments taken into account.
(B) A NOTIFICATION SHALL BE MADE BEFORE THE ENTRY INTO FORCE OF THE
RELEVANT MEASURE.
C. Translation of documents relating to notifications and address of body supplying the
documents
Recommendation:
When a Member seeks a copy of a document relating to a notification which does not exist in
that Member's WTO working language, it will be advised, on request,  by the notifying Member , of
other Members that have requested, as of that date, a copy of the document.  The Member seeking acopy of a document relating to a notification may then contact such other Members in order todetermine whether the latter are prepared to share, on mutually agreed terms,
 any translation that they
have or will be making into re levant WTO working language(s).  MEMBERS POSSESSING AN
UNOFFICIAL TRANSLATION OF A DOCUMENT RELATING TO A NOTIFICATION AREENCOURAGED TO MAKE IT AVAILABLE TO INTERESTED MEMBERS THROUGHELECTRONIC FACILITIES.
(a) When a translation of a relevant document exists or is planned, this fact shall be
indicated on the WTO notification form next to the title of the document.  If only atranslated summary exists, the fact that such a summary is available shall be similarlyindicated.
(b) Upon receipt of a request for documents, any
 A translated summar Yies that exist  in
the language of the requester or, as the case may be, in a WTO working language,shall be automatically sent with the original of the documents requested.
(c) Members shall indicate under point 12 of the WTO notification form (point 11 for
Emergency Notifications)  the exact address of the body responsible for supplying the
relevant documents if that body is not the enquiry point.G/SPS/W/92
Page 7
D. Processing of requests for documentation or information
Recommendation:
(a) Requests for documentation should contain all the elements permitting the
identification of the documents and in particular, the WTO SPS notification number towhich the requests refer.  The same information should appear on the documentssupplied in response to such requests.
(b) Any request for documentation or information should be acknowledged if it cannot be
responded to and processed within five working days.  If a delay in supplying thedocumentation or information requested is foreseen, this should be acknowledged tothe requester.
(c) Fax AND E-MAIL facilities should be used to th e extent possible in responding to
requests for documentation or information.
E. Handling of comments on notifications
Recommendation:
(a) Each Member should notify the WTO Secretariat of the authority or agency (e.g. its
enquiry point) which it has designated to be in charge for handling of commentsreceived , OR ANY CHANGE AND/OR MODIFICATION OF SUCH AUTHORITY
OR AGENCY .
(B) COMMENTS ON NOTIFICATIONS SHALL BE FORWARDED WITHOUT
UNNECESSARY DELAYS TO THE ENQUIRY POINT AND/OR TO THE AUTHORITYRESPONSIBLE TO HANDLE THE COMMENTS.
(b)
(C)A Member receiving comments through the designated body should without further
request
(i) acknowledge the receipt of such comments;(ii) explain within a reasonable time to any Member from which it has received
comments, how it will proceed in order to take these comments into accountand, where appropriate, provide additional relevant information on theproposed sanitary or phytosanitary regulations concerned;  and
(iii) provide to any Member  from which it has received comments, a copy of the
corresponding sanitary or phytosanitary regulations as adopted or informationthat no corresponding sanitary or phytosanitary regulations will be adoptedfor the time being.
(IV) CONSIDER THE POSSIBILITY OF MAKING COMMENTS,
QUESTIONS AND ANSWERS AVAILABLE THROUGH ELECTRONIC
FACILITIES.G/SPS/W/92
Page 8
(c) (D)Favourable consideration should be given to requests for extension of the comment
period, IN PARTICULAR WITH REGARD TO NOTIFICATIONS RELATING TO
PRODUCTS OF PARTICULAR INTEREST TO DEVELOPING COUNTRIES,AND notably
 where there have been delays in receiving and translating the relevant
documents.   AN EXTENSION OF THE TIME-LIMIT FOR COMMENTS, UP TO
30 DAYS, SHOULD BE CONSIDERED WHENEVER POSSIBLE.
F. Completion of formats - Regular notifications (Annex B, Paragraph 5)
Information contained in the notifications should be a complete as possible and no section
should be left blank.  Where necessary, "not known" or "not stated" should be indicated.
Item Description
1. Member notifying Government, including the competent authorities of the European
Community, which is making the notification.
2. Agency responsible Body elaborating a proposal for or promulgating a sanitary or
phytosanitary regulation.
3. Products covered
3(BIS) REGIONS LIKELY
TO BE AFFECTEDTariff item number(s) (normally HS, chapter or  heading and
number) as contained in national schedules deposited with theWTO.  ICS numbers may be provided in addition, whereapplicable.  A clear description is important for an understandingof the notification by delegations and translators.  Abbreviationsshould be avoided.
THE GEOGRAPHICAL REGIONS OR COUNTRIES LIKELY
TO BE AFFECTED BY THE NOTIFIED REGULATIONSHOULD BE IDENTIFIED.
4. Title and number of  pages
of the notified documentTitle of the pr oposed or adopted sanitary or phytosanitary
regulation.  Number of pages in the  notified document.
5. Description of content An abstract of the proposed or adopted sanitary or phytosanitary
regulation clearly indicating its content.  THE ABSTRACT
SHOULD BE AS COMPLETE AND ACCURATE AS
POSSIBLE TO ALLOW THE FULL UNDERSTANDING OF
THE PROPOSED REGULATION .  A clear description is ALSO
important for an understanding of the notification by delegationsand translators.  Abbreviations should be avoided.
6. Objective and rationale For instance:  food safety, animal health, plant protection, etc.G/SPS/W/92
Page 9
7. Existence of international
standardIf a relevant international standard , GUIDELINE OR
RECOMMENDATION does not exist, put a cross in the box
provided;  otherwise WHENEVER PRACTICABLE GIVE THE
ADEQUATE REFERENCE OF THE EXISTING STANDARD,GUIDELINE OR RECOMMENDATION AND briefly describe
how the proposed regulation deviates from IT. such international
standard.
8. Relevant documents and
language(s) in which theseare available(a) Publication where notice appears, including date and reference
numbers;
(b) Proposal and basic document to which  proposal refers (with
specific reference number or other identification), and thelanguage(s) in which the notified documents and any summary ofthese are available;
(c) Publication in which proposal will appear when adopted;(d) Whenever practicable, give reference to relevant international
standard.  If it is necessary to charge for documents supplied, theamount of the charge should be indicated.
9. Proposed date of adoption The date when the sanitary or phytosanitary regulation is expected
to be adopted.
10.Proposed date of entry into
forceThe date from which the requirements in the regulation are
proposed or decided to enter into force.
11.Final date for comments
and agency or authorityhandling commentsThe date by which Members may submit comments in accordance
with Annex B, Paragraph 5(b) of the SPS Agreement.  A specificdate should be indicated.  A normal time limit for comments onnotifications of sixty days has been recommended.  A Membermay, if necessary, however, indicate in its notification that it willproceed to implement the proposed measure after forty-five daysif no comments or requests for extension of the time limit havebeen received from other Members within that time.  AnyMember which is able to provide a time limit beyond sixty days isencouraged to do so.
The agency or authority which has been designated to handle the
comments should be indicated.
12.Texts available from If available from national enquiry point, put a cross in the box
provided.  If available from another body, give its address, telefaxnumber and (if available) E-mail address.    Such indicationsshould not in any way discharge the relevant enquiry point of itsresponsibilities under the provisions of Annex B, Paragraphs 3and 4 of the SPS Agreement.G/SPS/W/92
Page 10
RESTRICTED
WORLD TRADE G/SPS/N/COUNTRY
date of distribution
ORGANIZATION
(98-0000)
____________________________________________________________________________________________________
Committee on Sanitary and Phytosanitary Measures
NOTIFICATION
Error! Bookmark not defined.1. Member to Agreement notifying:
   If applicable, name of local government involved:
2. Agency responsible:   
3. Products covered (tariff item number(s) as specified in national schedules deposited
with the WTO.  ICS numbers may be provided in addition, where applicable):
3(BIS)    REGIONS LIKELY TO BE AFFECTED:
4. Title and number of pages of the notified document:
5. Description of content:
6. Objective and rationale:
7. An international standard, guideline or recommendation does not exist [  ].
If an international standard, guideline or recommendation exists, WHENEVER
PRACTICABLE GIVE ITS ADEQUATE REFERENCE AND BRIEFLY  whenever
possible,  identify deviations:
8. Relevant documents and language(s) in which these are available:   
9. Proposed date of adoption:
10. Proposed date of entry into force:
11. Final date for comments:
Agency or authority designated to handle comments:
12. Texts available from:  National enquiry po int [ ] or address, telefax number and E-
mail address (if available) of other body:G/SPS/W/92
Page 11
G. Completion of formats - Emergency notifications (Annex B, Paragraph 6)
Information contained in the notification form should be as complete as possible and no
section should be left blank.  Where necessary, "not known" or "not stated" should be indicated.
Item Description
1. Member notifying Government, including the competent authorities of the European
Community, which is making the notification.
2. Agency responsible Body elaborating a proposal for or promulgating a sanitary or
phytosanitary regulation.
3. Products covered
3(BIS) REGIONS LIKELY
TO BE AFFECTEDTariff item number(s) (normally HS, chapter or  heading and
number) as contained in national schedules deposited with theWTO.  ICS numbers may be provided in addition, whereapplicable.  A clear description is important for an understandingof the notification by delegations and translators.  Abbreviationsshould be avoided.
THE GEOGRAPHICAL REGIONS OR COUNTRIES LIKELY
TO BE AFFECTED BY THE NOTIFIED REGULATIONSHOULD BE IDENTIFIED.
4. Title and number of pages
of the notified documentTitle of the pr oposed or adopted sanitary or phytosanitary
regulation.  Number of pages in the notified document.
5. Description of content An abstract of the proposed or adopted sanitary or phytosanitary
regulation clearly indicating its content. THE ABSTRACT
SHOULD BE AS COMPLETE AND ACCURATE ASPOSSIBLE TO ALLOW THE FULL UNDERSTANDING OFTHE PROPOSED REGULATION .  A clear description is ALSO
important for an understanding of the notification by delegationsand translators.  Abbreviations should be avoided.
6.  Objective and rationale For instance:  food safety, animal health, plant protection, etc.7. Nature of urgent
problem(s)Indication of the underlying reasons for resorting to emergency
action.G/SPS/W/92
Page 12
8.Existence of  international
standardIf a relevant international standard , GUIDELINE OR
RECOMMENDATION does not exist, put a cross in the box
provided;  otherwise WHENEVER PRACTICABLE GIVE THE
ADEQUATE REFERENCE OF THE EXISTING STANDARD,GUIDELINE OR RECOMMENDATION AND briefly describe
how the proposed regulation deviates from I T.such international
standard.
9. Relevant documents and
language(s) in which theseare available(a) Measure(s) taken and basic regulation which was modified
(with specific reference number or other identification), and thelanguage(s) in which the notified documents and any summary ofthese are available;
(b)  Publication in which regulation will appear;(c) Whenever practicable, give reference to relevant international
standard.  If it is necessary to charge for documents supplied, theamount of the charge should be indicated.
10.Date of entry into force
and period of applicationThe date from which the requirements entered into force, and, if
applicable, the period of time during which they will  apply.  (Forexample:  immediate entry into force [date], duration of twomonths.)
11.Texts available from and
agency or authority handlingcommentsIf available from national enquiry point, put a cross in the box
provided.  If available from another body, give its address, telefaxnumber and (if available) E-mail address.  Such indications shouldnot in any way discharge the relevant enquiry point of itsresponsibilities under the provisions of Annex B, Paragraphs 3and 4 of the SPS Agreement.
The agency or authority which has been designated to handle the
comments should be indicated.G/SPS/W/92
Page 13
RESTRICTED
WORLD TRADE
G/SPS/N/COUNTRY
                  date of distribution
ORGANIZATION
(98-000)
______________________________________________________________________________________________________
Committee on Sanitary and Phytosanitary Measures
NOTIFICATION OF EMERGENCY MEASURES
Error! Bookmark not defined.1. Member to Agreement notifying:
   If applicable, name of local government involved:
2. Agency responsible:
3. Products covered (tariff item number(s) as specified in national schedules deposited with
the WTO.  ICS numbers may be provided in addition, where applicable):
3(BIS)    REGIONS LIKELY TO BE AFFECTED:
4. Title and number of pages of the notified document:
5. Description of content:
6. Objective and rationale:
7. Nature of the urgent problem(s):
8. An international standard, guideline or recommendation does not exist [  ].
If an international standard, guideline or recommendation exists, WHENEVER
PRACTICABLE GIVE ITS ADEQUATE REFERENCE AND BRIEFLY  whenever
possible,  identify deviations:
9. Relevant documents and language(s) in which these are available:
10. Date of entry into force/period of application (as applicable):
11. Texts available from/and agency or authority designated to handle comments:  National
enquiry point [ ] or address, telefax number and E-mail address (if available) of other body:
__________