WORLD TRADE
ORGANIZATIONG/SPS/W/132
20 May 2003
(03-2693)
Committee on Sanitary and Phytosanitary Measures
ELABORATION OF THE PROPOSAL TO ENHANCE TRANSPARENCY
OF SPECIAL AND DIFFERENTIAL TREATMENT
WITHIN THE SPS AGREEMENT
Note by the Secretariat1
In October 2002, Canada submitted a proposal to enhance the transparency of special and
differential treatment within the SPS Agreement (G/SPS/W/127).  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 further elaboration of the procedures to be followed.  Thisdocument 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 Step 5 and Step 6.
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 also
complete 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 sixty days for comment, except for proposed measures which
facilitate trade.  Any Member which is able to provide a time-limit beyond sixty days is encouraged to
do 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, and
will 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 includedin 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.
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
                                                     
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
Page 2
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, in
particular 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 wherethere is a need for further clarification of the measure notified.
Step 4. The notifying Member should acknowledge receipt of the request 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 proposed SPS measures concerned.
Step 5. If in its comments an exporting Member identifies potential difficulties which its
exports might face in complying with the proposed new regulation and requests discussions, the
notifying Member will contact the appropriate officials in the exporting Member to enter into bilateral
discussions to attempt to resolve the issue of concern.  These discussions may lead the exporting
Member to request special and differential treatment, and the notifying Member to examine as to
whether and how the implementation of the notified measure could be adjusted to take into accountthe special needs of the interested exporting Member.
Step 6. When the bilateral discussions conclude and a decision is taken on whether and, if so,
how special and differential treatment may be provided to the exporting Member, the notifying
Member should submit to the WTO Secretariat an Addendum to its original notification.  TheAddendum shall indicate any modifications to the no tified regulation, and shall also indicate (1) if
special and differential treatment 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 not provided, the Addendum shall indicate why special and differential treatment
was not provided and whether any other solution was found to address the identified concern.  Aproposed format for the Addendum is contained in Annex 1.
Step 7. The Addendum to the notification shall be circulated by the WTO Secretariat in the
same manner as the notification itself.G/SPS/W/132
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 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 email as appropriate.
__________