WORLD TRADE
ORGANIZATIONG/SPS/W/132/Rev.1
8 July 2003
(03-3675)
Committee on Sanitary and Phytosanitary Measures
ELABORATION OF THE PROPOSAL TO ENHANCE TRANSPARENCY
OF SPECIAL AND DIFFERENTIAL TREATMENT IN FAVOUR
OF DEVELOPING COUNTRY MEMBERS
Note by the Secretariat1
Revision
In October 2002, Canada submitted a proposal to enhance the transparency of special and
differential treatment within the SPS Agreement (G/SPS/W/127).  This proposal builds upon a
proposal by Egypt for enhanced transparency th rough modification of the notification formats
(G/SPS/GEN/358).  At its meeting of 2-3 April 2003, the SPS Committee adopted, in principle, the
Canadian proposal as one step for immediate implementation by Members, subject to furtherelaboration of the procedures to be followed.  This document proposes such further elaboration.
The proposed procedure essentially follows the relevant current practices and
recommendations regarding the submission and handling of notifications, with new actions included
as Steps 5, 6 and 7.
This procedure is without prejudice to the rights and obligations of Members under
Article 10.1 of the SPS Agreement.
Step 1. A Member preparing a new or a revision to an existing SPS regulation shall submit a
notification to the WTO Secretariat, following the guidance provided in G/SPS/7/Rev.2.  The
notification should be made when a draft with the complete text of the proposed regulation is
available, and when amendments can still be introduced and comments taken into account.  The
notifying Member should provide in Box 3 of the notification format a clear description of the
products covered, including tariff item numbers where possible.  The notifying Member should alsocomplete Box 4, identifying the geographical regions or  countries likely to be affected by the notified
regulation to the extent relevant or practicable.  The notifying Member should identify in Box 12 the
final date for receiving comments and the agency responsible for handling comments.  The Member
shall normally allow a period of at least 60 days for comment, except for proposed measures which
facilitate trade.  Any Member which is able to provide a time-limit beyond 60 days is encouraged todo so.
Step 2. The Secretariat will circulate the notification with the minimal delay possible.  The
Secretariat will provide paper copies of the notification to the permanent missions of all WTO
Members, and mail paper copies to one other designated address if so requested by a Member.  The
notification will be posted on both the "Members' Only" and the public web sites of the WTO, andwill be electronically sent within one week of circulation to all addresses on the SPS self-subscribing
electronic mailing list (in the language received by the 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 distributing notifications after receipt, the Member should
inform the Secretariat thereof and propose how the national enquiry point could be improved.
                                                     
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.G/SPS/W/132/Rev.1
Page 2
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 period, to seek additional information with respect to the
notified measure and to identify their concerns.  If the exporting Member requests an extension of the
comment period, the notifying Member should normally grant an extension of thirty days, inparticular 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.
Step 4. The notifying Member should acknowledge receipt of the request for an extension of
the comment period, or for additional information, and explain, at the earliest possible date, to a
Member from which it has received comments how it will take these comments into account.  If
requested, the notifying Member should also provide additional relevant information on the proposedSPS measures concerned.
Step 5. If in its comments an exporting Member identifies significant difficulties which its
exports might face in complying with the proposed new regulation and requests an opportunity to
discuss its difficulties, the notifying Member will contact the appropriate officials in the exportingMember to enter into bilateral discussions to attempt to resolve the issue of concern.  These
discussions may lead an exporting developing country Member to request special and differential
treatment, and the notifying Member to examine as to whether and how the identified problem could
best be addressed to take into account the special ne eds of the interested exporting developing country
Member.
Step 6.  If following the entry into force of a new regulation an exporting Member identifies
significant difficulties which its exports face in complying with the new regulation, it may request an
opportunity to discuss its difficulties with the importing Member to attempt to resolve the issue of
concern, especially where no or an insufficient period of time has been provided for comments.These discussions may lead an exporting developing country Member to request special and
differential treatment, and the importing Member to examine as to whether and how the identified
problem could best be addressed to take into acco unt the special needs of the interested exporting
developing country Member.
Step 7. Following  the bilateral discussions, when a decision is taken on whether and, if so,
how special and differential treatment may be provided to the exporting developing country Member,the notifying Member should submit to the WTO Secretariat an Addendum to its original
notification.
2  The Addendum shall indicate any modifications to the notified regulation, and shall
also indicate:   (1) if special and differential tr eatment was requested;  (2) the name(s) of Member(s)
that requested special and differential treatment;  (3) if special and differential treatment was
provided, the form of such treatment;  (4) if no t provided, the Addendum shall 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 proposed format for the Addendum is contained in
Annex 1.
Step 8. The Addendum to the notification shall be circulated by the WTO Secretariat in the
same manner as the notification itself.
                                                     
2 The Committee recognizes that, for some developing country Members, resource constraints may
make it difficult to provide addenda to notifications.G/SPS/W/132/Rev.1
Page 3
ANNEX 1
WORLD TRADE
ORGANIZATIONG/SPS/N/COUNTRY/#/Add.#
date of distribution
(##-####)
Committee on Sanitary and Phytosanitary Measures Original:  
NOTIFICATION
Addendum
The following communication, dated DD/MM/YY has been received from [Member].
_______________
Title outlining what the SPS measure or product is
[Text describing any modification to the notified measure.]
Special and Differential Treatment
Text  (1) indicating if special and differentia l treatment was requested;  (2) providing the
name(s) of the Member(s) that requested special and differential treatment;  (3) if special and
differential treatment was provided, describing how such treatment was provided, including what
form it took;  (4) if special and differential treatment was not provided, indicating why it was notprovided and whether technical assistance or any other solution was found to address the identified
concern.
Where the notified document can be obtained from – include contact name, agency, full
address, telephone, facsimile, and e-mail as appropriate.
__________