WORLD TRADE  
ORGANIZATION  G/SPS/W/148 
7 July 2004 
 
 (04-2923) 
Committee on Sanitary a nd Phytosanitary Measures Original:   Spanish 
  
 
ARTICLE 6 OF THE AGREEMENT ON THE APPLICATION OF SANITARY 
AND PHYTOSANITARY MEASURES 
 
Adaptation to Regional Conditions , Including Pest– or Disease-Free Areas and Areas of Low
 
Pest or Disease Prevalence  
 
Proposal by Peru 
 
  The following communication is being circulated at the request of the delegation of Peru. 
 
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I. OBSERVATIONS ON THE APPLICATION OF ARTICLE 6 
1. Various countries in the world have had their agriculture affected by the entry into and 
establishment on their territories of pests or disea ses, which have caused considerable direct or 
indirect losses to their economies.  At the present tim e, many of these pests are the cause of the main 
quarantine restrictions on the exports of th e developing or least developed countries. 
2. In accordance with international standards and guidelines, a number of developing and least 
developed countries are currently undertaking large in vestments in the control and eradication of pests 
or diseases, notwithstanding the limited resources av ailable to them.  In most countries the aim of 
such investments is to establish pest- or disease-free areas with a view to eliminating the losses and, 
above all, gaining access to the main import markets for agricultural products. 
3. To establish pest- or disease-free areas requires very large investments.  International 
experience shows that on account of the related biological, ecological, economic and social factors it may take several years or even decades to establish pest- or disease-free areas. 
4. It costs as much if not more to maintain p est- or disease-free areas or areas of low prevalence 
as to obtain such a status, and maintenance mainly depends on the degree of commercial benefit that 
the producers can gain from that status.  Thus, access to export markets is the main objective in 
investing in the establishment of pest- or disease-free areas
1.  Uncertainty in the recognition of pest- 
or disease-free areas for access to import markets put s at risk the sustainability of such areas. 
5. In fact, the principle contained in Article 6 of the SPS Agreement has been considerably 
developed by guidelines issued by the World Organization for Animal Health (OIE) and the 
International Plant Protection Convention (IPPC).  At the request of countries the OIE carries out 
evaluations and grants recognition of  sanitary status in respect of four animal diseases.  However, 
importing countries do not automatically or speedily accept such OIE recognition. 
                                                      
1 The OIE and IPPC standards indicat e that the establishment of pest - or disease-free areas depends on 
the effort made by an exporting country for the purposes of international trade. G/SPS/W/148 
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 6. Similarly, the administrative procedures re quired by importing countries for recognition of a 
pest- or disease-free area or area of low prevalence are not clearly defined, are very complex, 
expensive and slow and there are no clearl y defined time-limits for any response. 
7. Owing to the reasons set out in the previ ous paragraph many c ountries have had bad 
experiences and have waited several years or even  decades to obtain recognition of pest- or disease-
free areas and to gain access to mark ets for the export of their goods. 
8. All countries should recognize that, properly applied, the principle of regionalization 
contained in Article 6 of the SPS Agreement is an  effective strategy for combating worldwide the 
pests and diseases currently present in various parts of the hemisphere, because it offers incentives for 
the eradication of serious pests and diseases and for maintaining pest- or disease-free areas. 
II. CONTRIBUTIONS TO THE APPLICATION OF ARTICLE 6 (SEE FLOW CHART) 
9. The delegation of Peru wishes to express its agreement with several points made by the 
delegations of the United States, the European Co mmunities, Canada, Chile, Mexico and Argentina to 
the effect that the OIE and the IPPC have th e capacity and are the accredited international 
organizations to establish guidelines for th e recognition of pest- or disease-free areas. 
10. We also agree that for the declaration and recognition of pest- or disease-free areas various 
factors need to be taken into account, such as the re liability and credibility of official animal or plant 
health services;  the capacity of such official servi ces to maintain the pest- or disease-free status;  the 
timely, systematic and accurate notification of the existence of pests and diseases in accordance with the OIE and IPPC guidelines;  the availability and qua lity of scientific information;  transparency and 
other variable factors such as the risk ma nagement options that exist for each case. 
11. Accordingly, we believe that it is necessary to differentiate between, on the one hand, the 
procedures and time frames that are required for free ar eas to be established and declared either by the 
official body in the exporting country, by competen t regional organizations or  by the international 
reference organizations such as the OIE and the IPPC  and, on the other hand, the procedures and time 
frames that are required for the evaluation and recognition of pest- or disease-free areas by an 
importing Member.  In the latter case, there must be certainty in law as to the administrative 
procedures to be followed by the exporting country and the importing country so that recognition can 
be completed once the status of pest- or disease-free areas has been obtained and officially declared in 
accordance with international guidelines and recommendations of the OIE and the IPPC. 
12. For the recognition of pest- or disease-free areas  and areas of low prevalence, the Member 
countries should apply the following procedures and periods of time: 
 (a) Recognition as pest- or disease-free areas or areas of low prevalence may be granted 
to smaller ecosystems, a part of a country, a ll of a country or all or parts of several 
countries; 
  (b) areas internationally recognized by th e scientific reference organizations for the 
SPS Agreement shall be accepted by the Member countries using a simplified 
procedure consisting of a request by the exporting Member accompanied by a technical dossier and the decision of th e international reference organization. 
  (c) Before or during the process of obtaining  recognition of pest- or disease-free areas or 
areas of low prevalence, the exporti ng Member may demand of the importing 
Member specific requirements and proce dures for recognition, in the case of a  G/SPS/W/148 
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 particular pest or disease, of the status of pest- or disease-free area or area of low pest 
or disease prevalence. 
  (d) The exporting Member, on obtaining the status of pest- or disease-free area or area of 
low prevalence, in accordance with the st andards and guidelines of the international 
reference organizations, shall officially d eclare in a national regulation a pest- or 
disease-free area or area of low prevalen ce in accordance with the relevant 
international standards and guidelines of the OIE and the IPPC. 
  (e) The exporting Member shall send the re quest for recognition of the sanitary or 
phytosanitary status to the importing Member, together with the technical dossier 
used for the national declaration of recognition. 
  (f) The exporting Member shall notify the SPS Committee of the initiation of the process 
for the recognition of pest- or disease-fre e areas or areas of low prevalence in 
accordance with the approved model.  Such a notification will be made within two 
months at most of the submission of the request to the importing Member. 
  (g) The importing Member shall examine the request within a period not exceeding three 
months.  Within that period it shall inform the exporting Member whether it needs to carry out a visit in order to verify th e information submitted.  Following the 
evaluation the importing Member shall issue an evaluation report. 
  (h) If the evaluation report contains comments, the exporting Member shall respond 
within two months providing the relevant cl arifications, additions or modifications. 
 
 (i) If it is deemed necessary, the importing Member shall carry out a visit in order to 
verify the information provided in support of the request for recognition of a pest- or 
disease-free area or area of low prevalence.   Within a period not exceeding two 
months from the conclusion of the visit the importing Member shall issue the corresponding report. 
 
 (j) If the report of the visit contains comments, the exporting Member shall respond 
within a period not exceeding two months, providing the relevant clarifications, 
additions or modifications. 
  (k) Once the responses to the comments ha ve been received, the importing Members 
shall issue, within a period not exceeding tw o months, its decision either approving or 
rejecting the request for recognition of pest- or disease-free areas or areas of low 
prevalence. 
  (l) If the decision is favourable, the importing Member shall carry out, within a period 
not exceeding three month, the internal admi nistrative changes required to eliminate 
the restrictions relating to the pest or dis ease associated with the recognition, so as to 
allow imports from the exporting Member that requested recognition. 
  (m) If the decision is unfavourable, the im porting Member shall provide the technical 
grounds for its decision, so that the ex porting Member may modify and adapt its 
system with a view to seeking recognition once again. 
  (n) As part of the process of monitoring  the SPS Agreement, the exporting Member shall 
notify the SPS Committee of th e initiation of the process and of the final satisfactory 
or unsatisfactory decision for recognition of pest- or disease-free areas or areas of low G/SPS/W/148 
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 prevalence according to an approved model.   If the response to the request is ill-
founded and gives rise to commercial concerns, the exporting Member may inform the SPS Committee.  G/SPS/W/148 
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 Processes to be followed for the application of Article 6 of the SPS Agreement on the recognition of Pest- or Disease-
Free Areas and Areas of Low Pest or Disease Prevalence.
Request relating to the requirements and 
procedures for the recognition of pest- or 
disease-free areas and areas of low pest or 
disease prevalence.
Establishment of sanitary or phyto sanitary 
status in the area of interest, in accordance 
with the OIE/IPPC standards and guidelines.
Official declaration as a pest- or disease-free 
area or area of low prevalence in accordance 
with the OIE/IPPC standards and guidelines.
Request for recognition of sanitary or 
phytosanitary status.  Accompanied by a 
technical dossier and national official 
declaration.
Notification to the SPS Committee of the 
initiation of the process for the recognition of 
pest- or disease-free areas or areas of low 
prevalence in accordance with the model.PERIOD OF TIME
Examination of the request for recognition of 
a pest- or disease-free area or area of low 
prevelance.  Communication of date of visit 
for verification of data.Within a period not exceeding three months 
from the receipt of the request.
Within a period not exceeding two months 
from the submission of the request.Once sanitary or phytosanitary status has 
been achieved.IMPORTING MEMBER
VariableEXPORTING MEMBER
Within a period not exceeding two months 
from the receipt of the request.
Response to the comments of the importing 
Member with the relevant clarifications, 
additions or modifications.Are comments made on 
the request for 
recognition?Preparation of specific requirements and 
procedures for communication to the 
requesting member.
NOYES
Visit to verify the data on the spot and issue a 
report on the visit.Within a period not exceeding two months 
from the receipt of the comments.
Within a period not exceeding two months 
from the completion of the visit or from the 
receipt of the response to the comments.
Are comments made 
at the time of the 
verification visit?
Decision approving or rejecting the request for 
recognition of pest- or disease-free areas or areas 
of low pest or disease prevalence.YES
NO
Response to the comments of the importing 
Member with the relevant clarifications, 
additions or modifications.Within a period not exceeding two months 
from the receipt of the comments.
Within a period not exceeding two months 
from the completion of the visit.
Is the decision 
favourable?NO
Internal administrative changes in order to 
eliminate the restrictions and allow imports 
from the Exporting Member that requested 
recognition.Report received with the technical and 
scientific grounds for refusal, together with 
recommendations.YES
Within a period not exceeding three months 
from the time when the decision was issued.
Notification to the WTO SPS Committee.Within a period not exceeding two months 
from the receipt of the decision. 
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