This document discusses resolving agricultural trade issues through the WTO SPS Committee. It outlines key provisions of the SPS Agreement including non-discrimination, scientific justification, and transparency. It then describes the process an exporting country should follow if their exports are impaired by an SPS measure, including requesting an explanation, seeking bilateral consultations, and raising a Specific Trade Concern in the SPS Committee if needed. Finally, it discusses additional options like good offices of the SPS Committee Chair and WTO dispute settlement as ways to address SPS-related trade concerns.

1. THE SPS COMMITTEE
&
SPECIFIC TRADE CONCERNS
Rolando Alcala
Agriculture and Commodities Division
FAO Workshop on
Resolving agricultural trade issues through the WTO
Kiev, Ukraine
7 June 2017

2. Key Provisions: SPS
Agreement
■ Non-discrimination
■ Scientific justification
– harmonization
– risk assessment
– consistency
– least trade-restrictiveness
■ Equivalence
■ Regionalization
■ Transparency
■ Technical assistance/special treatment
■ Control, inspection and approval procedures
2

3. Remember: Conditions under
which an SPS Measure can be
taken:
■ Restrain trade to protect health
■ Measures based on scientific principles
(international standards or risk assessment)
■ Non-discriminatory
■ No disguised restrictions
3

4. Recall: Scientific justification
Articles 3 & 5
■ SPS Measures must be based on:
OR
International
standards
Risk assessment
4

5. What series of questions should an
exporting country ask when
experiencing an SPS trade concern
with a trading partner?
5

6. Exports impaired due to a SPS measure
Verify if international standards exist
Verify if SPS measure is based
on the international standard
Request explanation of reasons - Art. 5.8
Verify if risk assessment complies
with the SPS Agreement
Seek ways to solve the problem: bilateral consultations;
Specific Trade Concerns; Dispute Settlement; etc.
No
No
Risk assessment exists
YES
Seek Technical
Assistance
YES
YES
Yes
No
No
6

7. Ways to address SPS Trade
Concerns
1. Preliminary Stage
2. Bilateral and/or Regional Efforts
3. SPS Committee – Specific Trade Concerns
4. Good Offices by the Chair of the SPS Committee
5. WTO Dispute Settlement System
7

8. 1. Preliminary Stage
Article 5.8 – Requesting an explanation
When a Member has reason to believe that a specific
SPS measure [...]
is constraining, or has the potential to constrain, its
exports
and the measure is not based on the relevant
international standards, or such standards do not
exist,
an explanation of the reasons for such SPS measure
may be requested and shall be provided by the
Member maintaining the measure.
8

9. Ways to address SPS Trade
Concerns
1. Preliminary Stage
2. Bilateral and/or Regional Efforts
3. SPS Committee – Specific Trade Concerns
4. Good Offices by the Chair of the SPS Committee
5. WTO Dispute Settlement System
9

10. 2. Bilateral and/or Regional
Efforts
Suggested Actions:
■ Contact their Enquiry Point for further information,
request risk assessment
– Article 7
– Annex B, para.3
– List of EPs: SPS IMS (http://spsims.wto.org)
■ Informal discussions on the margins of the SPS
Committee Meetings
10

11. 2. Bilateral and/or Regional
Efforts
Suggested Actions (cont.):
■ Request information through WTO Representatives
in Geneva
■ Request information through your diplomatic
representation in the other country
■ Request information from the diplomatic
representation of the other country to your country
11

12. Ways to address SPS Trade
Concerns
1. Preliminary Stage
2. Bilateral and/or Regional Efforts
3. SPS Committee – Specific Trade Concerns
4. Good Offices by the Chair of the SPS Committee
5. WTO Dispute Settlement System
12

13. Ministerial
Conference
Dispute Settlement
Body General Council
Council - Services Council - Goods
SPS Committee
TBT Committee
Agriculture
Committee
Council - TRIPS
Trade Policy Review
Body
3. SPS Committee – Specific Trade Concerns
WTO: The Structure
13

14. SPS Committee
What does it do?
■ Implementation of SPS Agreement
■ Reviews compliance
■ Potential trade impacts
■ Co-operation with technical organizations
3. SPS Committee – Specific Trade Concerns
14

15. SPS Committee
Who is on it?
■ All 164 WTO Members
■ Observer governments (acceding members)
■ Intergovernmental organizations
2016
Liberia
Afghanistan
 Tajikistan: 2013
 Ukraine: 2008
 Armenia :2003
 Moldova: 2001
 Georgia: 2000
 Kyrgyz Republic: 1998
3. SPS Committee – Specific Trade Concerns
15

16. SPS Committee
Meetings
21-23 March 2017 Informal and formal meetings
12-14 July 2017 Informal and formal meetings
1-2 November 2017 Informal and formal meetings
3. SPS Committee – Specific Trade Concerns
16

17. SPS Committee Meetings
Typical agenda items
■ Activities of Members
■ Specific trade concerns
■ Implementation of the Agreement
– Equivalence
– Pest- or disease-free areas
– Transparency
– Special and differential treatment
– Monitoring use of international standards
– Review of SPS Agreement
■ Cross-cutting issues
■ Technical assistance
■ Private standards
■ Observers
■ … Other business
3. SPS Committee – Specific Trade Concerns
17

18. What is a Specific Trade Concern?
A specific trade complaint raised by Members in
the SPS Committee in relation to SPS measures
maintained by other Member(s).
(whether draft measures or measures currently in force)
3. SPS Committee – Specific Trade Concerns
18

19. 3. SPS Committee – Specific Trade Concerns
Suggested Actions:
■ Consult previous STCs (G/SPS/GEN204/Rev.# and
addenda)
■ Communicate intention to raise an STC for inclusion in
Committee Meeting Agenda (WT/L/161, G/L/170 and
G/SPS/1)
– At least 11 calendar days before the meeting
– In writing
– Inform the other Member concerned
■ Seek support from other interested Members
■ Present the STC at the SPS Committee Meeting
19

20. 2. Specific Trade Concerns
1995-2016
416 Total
Source: G/SPS/GEN/204/Rev.17
20

21. Source: G/SPS/GEN/204/Rev.17.
SPS Information Management System (http://spsims.wto.org)
2. Specific Trade Concerns
1995-2016
21

22. Source: G/SPS/GEN/204/Rev.17
2. Specific Trade Concerns
1995-2016
22

23. 2. Specific Trade Concerns
Reported as resolved (1995-2016)
23
Source: G/SPS/GEN/204/Rev.17,
SPS Information Management System (http://spsims.wto.org)

24. STCs & Participating
Countries

25. Members Raising STC Supporting STC Maintaining Measure
Armenia - - -
Georgia - - -
Kyrgyz Republic - - -
Moldova - - -
Tajikistan - - -
Ukraine 3 - 2
STCs & Participating Countries
25

26. STC
NUMBER TITLE
MEMBER
CONCERNED
MEMBERS
SUPPORTING
THE CONCERN
MEMBERS
MAINTAINING
FIRST DATE
RAISED STATUS
206
Inspection and
testing
procedures for
imported
wheat
Canada -
Greece,
European
Union
03/2005 Resolved
STCs on commodities of interest to the region
Wheat
26

27. Canada - Wheat
Measure - Greek inspection and testing requirements for
imports of grains from third countries.
Discussions
■ Canada alleged a lack of scientific rationale
■ Bilateral contacts between Greece and Canadian
Authorities
■ Canada raised the issue again in Oct 2008, February
2009 and June 2009 as unresolved
■ Resolved in March 2011. Testing requirements reduced
to 5%.
27

28. Potatoes
STC
NUMBER TITLE
MEMBER
CONCERNED
MEMBERS
SUPPORTING
THE CONCERN
MEMBERS
MAINTAINING
FIRST DATE
RAISED STATUS
181
Import
restrictions on
potatoes
New
Zealand
-
Chinese
Taipei
10/2003 Resolved
28

29. New Zealand - Potatoes
Measure – Market access for potato exports to
Chinese Taipei
Discussions
■ New Zealand had responded to requests from
Chinese Taipei for information in relation to pests
■ A pest risk assessment was completed in July 2002
■ Chinese Taipei and New Zealand reported a draft of
Quarantine requirements notified in January 2005
29

30. Meat Products - Poultry
ITEM
NUMBER TITLE
MEMBER
CONCERNED
MEMBERS
SUPPORTING
THE
CONCERN
MEMBERS
MAINTAINING
FIRST DATE
RAISED STATUS
311
Restrictions
on poultry
and poultry
products
Chile
United
States of
America
Albania,
Croatia
10/2010 Resolved
315
Ukraine
import
restrictions
on poultry
and poultry
products
Mexico - Ukraine 03/2011
Not
reported
30

31. Chile - Poultry
Measure - Albanian and Croatian restriction on import
of poultry products from Chile
Discussions
- Chile noted there was no scientific evidence for
claim of A1/H1N1 virus
- Croatia noted that measures based on an OIE
warning
The restrictions were lifted in March 2011
31

32. Mexico - Poultry
Measure - Ukrainian emergency notification regarding the
reappearance of Newcastle Disease
Discussions
■ Mexico requested Ukraine to apply the concept of
regionalisation
■ Ukraine indicated that its measure was taken based on
information from the OIE. Principle of regionalisation not
relevant.
■ OIE differentiated between Newcastle Disease-freedom
and FMD freedom and would help resolve the concern
through its mediation mechanism
32

33. Ways to address SPS Trade
Concerns
1. Preliminary Stage
2. Bilateral and/or Regional Efforts
3. SPS Committee – Specific Trade Concerns
4. Good Offices by the Chair of the SPS Committee
5. WTO Dispute Settlement System
33

34. 4. Good Offices -
Chair of the SPS Committee
Article 12.2
“The Committee shall encourage and
facilitate ad hoc consultations or
negotiations among Members on specific
sanitary or phytosanitary issues. [...]”
Procedure adopted in the SPS Committee
G/SPS/61
34

35. Ways to address SPS Trade
Concerns
1. Preliminary Stage
2. Bilateral and/or Regional Efforts
3. SPS Committee – Specific Trade Concerns
4. Good Offices by the Chair of the SPS Committee
5. WTO Dispute Settlement System
35

36. Any other way to address SPS-
related trade concerns?
36

37. Additional resources
G/SPS/W/279/Rev.2 - Catalogue of instruments
available to WTO Members to manage SPS
issues (Joint submission from Canada and
Kenya)
■ Not an adopted recommendation or guideline
■ Sets out tools available to manage SPS issues:
■ Within the WTO SPS Agreement
■ WTO SPS Committee Agenda
■ Within WTO System
■ Beyond WTO System
37

38. WTO
Request clarification from Enquiry Point
Bilateral consultations
Raised in SPS Committee
WTO
Dispute(s)
(not raised formally)
Ways to address STCs
15 Disputes
(with Panel reports)
≈ 16,000
SPS notifications
421 “STCs”
Good
Offices of
the Chair
38

39. SPS: General Issues in
implementation
■ Lack of awareness
■ Inappropriate legislation (or no existing legislation)
■ Capacity limitations
■ Failure to use international standards
■ Undue delays – in risk assessment, approval
decisions, etc.
■ Over-reactions in emergency situations
■ Political pressures – hazard-based measures
39

40. SPS-RELATED
INFORMATION
SOURCES

41. 41

42. 42

43. 43

44. 44
http://www.ePingAlert.org

45. 45
New SPS IMS
(http://spsims.wto.org/)

46. 46
New SPS IMS: New graphing
reports

47. THANK YOU!
rolando.alcala@wto.org
SPS gateway
http://www.wto.org/sps