sixth Review of the Operation and Implementation of the Agreement
on the Application of Sanitary and Phytosanitary Measures

DRAFT report of the committee
draft RECOMMENDATIONS ONLY

Note by the Secretariat[1]

PART A – SIXTH REVIEW DISCUSSIONS

2  Proposals and Recommendations

2.1  Addressing modern challenges and emerging risks

2.6.  Recommendations:

·_        Further to the recommendation in the MC12 SPS Declaration Report, the Committee will continue its targeted discussions and reflections on the implementation of the SPS Agreement in light of emerging challenges and opportunities, including in specific thematic sessions and events, as appropriate, while reaffirming the existing rights and obligations of Members established by the SPS Agreement.

·_        Committee work in this area should take into account the needs and concerns expressed by developing and LDC Members.

2.2  Cooperation with ISSBs and observer organizations

2.11.  Recommendations:

·_        The Committee invites Codex, WOAH, and the IPPC to continue to share information about their efforts to monitor the implementation of international standards, including in the context of their observatory projects, with a focus on challenges faced by Members, in particular developing and LDC Members, and possible ways to address them.

·_        The Committee will act as a hub for information exchange and collaboration with the ISSBs on monitoring activities.

2.3  Regionalization

2.15.  Recommendations:

·_        The Committee reaffirms the importance of regionalization for safe trade in agricultural products. The Committee encourages Members to exchange information on adaption of SPS measures to regional conditions, including through the recognition of pest- or disease-free areas or areas of low pest or disease prevalence.

·_        The Committee will discuss the recognition of pest- or disease-free areas or areas of low pest or disease prevalence, inter alia building on the March 2025 thematic session on regulatory approaches to emerging risks.

·_        Committee work in this area should take into account the needs and concerns expressed by developing and LDC Members.

2.4  Technical assistance / S&DT

2.22.  Recommendation:

·_        The Committee will take into account the needs and concerns expressed by developing and LDC Members in all of its workstreams, in particular in the context of the implementation of the MC13 S&DT Declaration.

2.5  Technology / IT tools

2.27.  Recommendations:

·_        Building on the discussions in the MC12 SPS Declaration Work Programme and the June 2024 Thematic Session on Digital Tools, the Committee will continue to engage and encourage Members to share experiences with new technologies and digital tools to facilitate safe trade, including electronic SPS certification.

·_        The Committee will continue discussions on how to facilitate the adoption of novel approaches, including digital tools to facilitate safe trade, and address challenges preventing their uptake, such as those relating to existing legal frameworks, coordination between border agencies, and the cost of developing and maintaining technical infrastructures, especially in developing and LDC Members.

·_        The Committee will also continue working on improvements of the ePing SPS&TBT Platform, as detailed in the transparency-related recommendations.

·_        Committee work in this area should take into account the needs and concerns expressed by developing and LDC Members.

2.6  Transparency / Notification Procedures

2.32.  Recommendations:

·_        The Committee will continue working on enhancing the transparency of SPS measures, including control, inspection and approval procedures in line with the Committee recommendations in document _G/SPS/68. The Committee will also continue working on enhancing the quality of SPS notifications.

·_        The Committee agrees to create a working group on transparency, open to the participation of all Members and Observers. The working group will, inter alia:

i._     discuss Members' practices with respect to comments on notifications and bilateral engagement on these comments and explore possible ways to enhance the transparency of this process, including through the ePing SPS&TBT Platform;

ii._    review the notification formats with a view to updating them, if necessary, to improve the quality of the information contained in notifications;

iii._   explore ways to facilitate access to translations of notified measures, including through the ePing SPS&TBT Platform;

iv._   discuss challenges faced by Members when establishing whether a measure falls under the SPS Agreement and/or the TBT Agreement, in cooperation with the TBT Committee, as appropriate;

v._    adapt the TBT Committee's Good Practice Guide on Commenting on a TBT Notification (G/TBT/GEN/386) to the needs of the SPS Committee;

vi._   engage with the ISSBs to explore ways to enhance the usefulness of SPS notifications for their respective monitoring and observatory projects;

vii._  work with the Secretariat to explore a transparency mentoring system to assist developing and LDC Members, including with respect to their timely engagement on SPS matters, taking into account lessons learned from previous experiences with mentoring systems;

viii._ work with the Secretariat on the continuous improvement of the ePing SPS&TBT Platform;

ix._   work with the Secretariat to update, as appropriate, the recommended transparency procedures (_G/SPS/7/Rev.5) and the Practical Manual for SPS National Notification Authorities and SPS National Enquiry Points, incorporating any insights gained during the working group activities.

2.7  Maximum Residue Limits (MRLs)

2.35.  Recommendation:

·_        The Committee will continue discussions on Members' proposals on the topic of MRLs and, based on the outcomes of the discussions, decide how best to approach the topic to ensure added value, building on earlier activities without duplicating efforts.

2.8  Facility registration

2.9  Systems approach

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