WORLD TRADE
ORGANIZATIONG/SPS/GEN/287
29 October 2001
(01-5281)
Committee on Sanitary and
Phytosanitary MeasuresOriginal:  Spanish
TECHNICAL ASSISTANCE
Communication from Chile
I. GENERAL ASPECTS
1. The new framework provided by the World Tr ade Organization since 1995 has resulted not
only in the obligations implied by membership, but also  in the opportunity to obtain the benefits of its
application.  From the year 2000, all Member countries should meet all their obligations under the
Agreement on Sanitary and Phytosanitary Measures (SPS) and ideally should be in a position to takeadvantage of the benefits of that Agreement.  With that in mind, technical assistance takes on
particular relevance, especially for developing countries, with regard to the extent to which they are
prepared for full participation in the new framework,  as well as the extent to which they have the
necessary knowledge to exercise their rights as circumstances require.
2. Over the first few years, the WTO, through the Secretariat of the Committee on Sanitary and
Phytosanitary Measures, and with support from, inter alia , FAO, OIE and WHO, carried out
important capacity-building activities, with an emphasis on knowledge of the Agreements, aimed at
developing and least-developed countries, while at the same time acquiring considerable information
on the main difficulties which countries experience in implementing the Agreements.  In the second
phase, activities have been designed with greater emphasis on more specific issues relating to
countries' interests and needs.
3. It should be pointed out, among other things, that the important work carried out should
incorporate follow-up activities for the initial training, and that the various international organizations
which offer assistance also need to coordinate successfully with a view to enhancing rather than
duplicating efforts and resources.  With regard to capacity-building, a country diagnosis must be made
in the first instance in order to allow for the subsequent planning of training programmes.  All
domestic or local avenues must be exhausted before, on the basis of the initial diagnosis, plans aremade to utilize the support of specialized international agencies, and/or bilateral support from
countries of a greater level of development in the particular area.
4. A lack of communication and coordination at the domestic level has been visible both in
developing countries and in some developed ones, with a failure to achieve an adequate exchange of
opinions and experiences on sanitary and phytosanitary matters among the various agenciesresponsible and experts taking part in meetings of the Committee on Sanitary and Phytosanitary
Measures, the Codex Committees, International Office of Epizootics (OIE) and International Plant
Protection Convention.
5. From one developing country to another, there are substantial differences in the level of
understanding and capacities with regard to the content and implementation of the SPS Agreement.Consequently, horizontal cooperation could also be a valuable means of assistance.G/SPS/GEN/287
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6. Until recently, a difference in sanitary conditions between two neighbouring countries
constituted a trade advantage which enabled or prevented market access in some countries.  Today,
although such a difference continues to be an advantage, it is in the interests of a country free from a
particular pest or disease to cooperate with its neighbour so that it can achieve the same status,
thereby reducing the risk of infestation.  Following a risk analysis of third markets, the enlargement of
a free area will provide greater security, simultaneously reducing the pressure on the disease-free
country while allowing the neighbouring country to obtain the consequent advantages.  We can see
examples of this in the agreements between Chile and Argentina and Chile and Peru to combat fruit
flies.
7. The principles of the SPS Agreement have made it possible for developing countries to gain
access to exacting markets, or for them to maintain  such access in the face of any changes in the
access rules.  Some examples of this are the amount of products that have been allowed to enter theUnited States from Mexico following NAFTA;  the access to Asian countries for Chilean fruit and
vegetable products;  the authorization for Argentine beef to enter the United States;  the fact that the
European Union has delayed application of maximu m aflatoxin levels as an import requirement for
some products (groundnuts, walnuts, chestnuts, etc.) and is discussing the scientific reasoning behind
them.  Prior to the Agreement, it was more difficult to  assess or to discuss situations such as these.  At
the same time, it has been demonstrated that, with solid arguments, it is possible to achieve market
access that previously seemed impossible.  Consequently, it is very important for developing countries
to have a proper understanding of the Agreement.
8. Given the fundamental importance of maintaining and raising sanitary conditions in food
production, these needs must be reconciled with trade in food products at the international level.  It istherefore particularly important that measures have appropriate justification, in an essentially
technical area in which a distinction must be made between measures with a scientific basis and
protectionist trade practices with other objectives.
9. One of the outcomes of the triennial review of the SPS Agreement was recognition of the
need to improve the implementation of that Agreement in areas requiring a high degree of technicalinput ( inter alia , risk analysis, regionalization, appropriate level of protection, coherence, equivalence
and harmonization).  It is especially important to strengthen understanding and implementation of the
SPS Agreement.  Given the large number of developi ng countries, technical assistance and special
and differential treatment are very significant issues.
II. SPECIFIC ASPECTS
10. In more specific terms, we will refer to the areas in which most countries agree on the need
for improvement in their understanding and implementation.
1. Transparency and notifications
11. Progress has been made in this area at the WTO level, insofar as most countries have notified
their national notification authority and national enquiry point, but even something as simple as this
has taken time to achieve.  The national notification authorities and national enquiry points notified to
the WTO need not only to be designated but also to be established, including their workingrequirements, operation, commitments and political support in their respective countries, so that they
can function smoothly and play an important role in the implementation of transparency.
12. Countries have gradually begun to make notifications, and there has been a slow but steady
improvement in what and how countries notify, despite the fact that some countries have yet to
participate fully in this process.G/SPS/GEN/287
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Another problem that remains is the failure to allow sufficient time for comments, since in most cases
the period allowed for comments is less than 60 days.
13. Support and communication between countries will be important in order to improve the way
these mechanisms work, as will the use of computerized systems, in order to help provide the
opportunity for timely comments.  The process for making comments, the communication of
comments received, and the opportunity for comments from third countries, are aspects in need of
further development.
2. Harmonization
14. Particularly important for the developing countries is the concept of harmonization, insofar as
an international standard may facilitate or hinder  market access, has followed a process prior to its
approval in which sufficient opportunity is made available for contributions by the parties, and has an
objective scientific basis, free from individual commercial interests.
15. Consequently, it is very important for developing countries to participate in the process of
developing standards, both in meetings and whenever there is a possibility of making comments or
written proposals.  Such participation will enable the position of the country to be reflected, so priordiscussions with domestic experts are important, with a view to building a solid foundation.
16. It is important at the domestic level for countries to carry out the exercise of comparing
existing national standards with international ones, in order to detect differences, to assess their
justification or to adapt them.  Many developing countries need to begin by obtaining and circulating
international standards to the relevant domestic agencies.
17. Furthermore, with regard to exports, developing countries may compare statutory import
requirements with international standards, with a view to requesting the justification for any such
requirements that are found to be stricter.
3. Risk analysis
18. Risk analysis is one of the areas in which developing countries need most technical
assistance, ranging from methodology to its practical ap plication.  It would be useful to keep a register
of risk analysis experts, as well as a database of the most successful results, particularly in
quantitative terms.  At the national level, universities could be involved in order to widen the scope of
risk analysis in the country.
III. RECOMMENDATIONS OR SUGGESTIONS FOR ASSISTANCE PROGRAMMES
1. General suggestions
19. Technical assistance and cooperation programmes for implementation of the WTO/SPS
Agreement need to be coordinated, insofar as many ad hoc activities have been carried out as specific
initiatives:  these experiences could have been shared, but this has not been done.  A coordinated plan
for capacity building is required, partly due to th e differences existing between countries, in order to
avoid duplicating efforts, to maximize resources and to establish priority areas, with a view to
improving understanding of the Agreement in the first instance, moving on to specific areas,preferably linked to practical application, at a later stage.
20. Given that a mixture of processes are currently used, it will be extremely important to
establish a programme which includes diagnosis and follow-up, as well as a register of assistanceG/SPS/GEN/287
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providers and beneficiaries (including institutions and countries).  As the SPS Committee continues to
establish principles and international scientific organizations to develop standards, it is very important
for the beneficiary countries themselves to take th e initiative in terms of their technical assistance
programmes and needs, with a view to participatin g or enhancing their role in the bodies concerned.
2. Specific suggestions
Strengthening of sanitary programmes and services
21. It is important to begin with this essential aspect for the production of healthy food.  After
diagnosis, one of the main needs of developing countries is the strengthening of sanitary programmes
and services, especially in the areas of protection, diagnosis, surveillance and, more generally, in
matters relating to the eradication, control or alleviation of sanitary problems and the implementation
of sanitary guarantee systems.  Comprehensive technical assistance must include such matters inmany developing countries.
Proof of sanitary condition
22. Once a given sanitary condition has been reached, it must be possible to prove that condition
and to give guarantees that it will be maintained.  To that end, technical experts and negotiators needto be well prepared with regard to the procedures, strategies and methodology for obtaining
recognition.  Technical assistance relating to inspection and certification systems that provide safety
assurances needs to be reinforced.
Determination of the appropriate level of protection
23. In this controversial area, it will be extremely important to channel technical assistance efforts
in the various international fora towards enab ling developing countries to gain sufficient
understanding to determine the appropriate level of protection and act coherently in the various
decision-making areas of sanitary policy.
Adapting legislation
24. The domestic legislation of many developing countries still lacks the adequate infrastructure.
Communication, cooperation and the transparency of ru le-making procedures must be improved at the
domestic level, and this also remains a priority for technical assistance.
Awareness of the WTO/SPS Agreement
25. Despite the fact that many efforts have been made, generally with positive results, a lack of
awareness of the Agreement remains in many developing countries, which means that important
opportunities to take advantage of the Agreement are lost. Technical assistance at this stage should
probably focus on practical aspects and examples, given that the time that has elapsed since 1995
should enable this to take place.
Risk analysis
26. This is one of the areas in which developing countries most need technical assistance.  They
need to acquire information through, inter alia,  information services, workshops and the development
of practical applications with expert assistance, with a view to helping official agencies to structure
risk analysis units in their countries.G/SPS/GEN/287
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Transparency
27. Support needs to be provided for the establishment and proper operation of national WTO
notification authorities and enquiry points, as well as Codex contact points, in order to respond to
queries and commitments, and to obtain the greatest possible benefit from those contact points andservices in developed countries.
IV. CONCLUSIONS
• In general terms and considering the widely different capacity levels of developing
countries in the various fields indicated, we suggest:  to begin with a countrydiagnosis in order to define the country's own needs and capacities;
• once needs have been defined, to define priorities on a thematic basis;
• to provide and maintain information on the agencies, experts and countries which
could supply technical assistance;
• to provide and maintain information on the programmes of international
organizations which offer assistance;
• to develop the technical assistance programme required by the country, taking into
account the prioritized requirements, potential assistance and providers of assistance;
• to work on the implementation of the programme, using technical assistance
providers from the country itself, and to subsequently contact foreign experts,countries or agencies which offer assistance in order to establish bilateral cooperation
agreements with other developing and developed countries;
• to include and to implement a follow-up programme;
• to develop partial and final assessment stages in the programme, and
• to consider the drafting of reports, with a view to circulating experiences which may
be useful to other countries with similar needs.
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