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

DRAFT report of the committee

Note by the Secretariat[1]

Revision

BACKGROUND

Article 12.7 of the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) provides that "[t]he Committee shall review the operation and implementation of this Agreement three years after the date of entry into force of the WTO Agreement, and thereafter as the need arises." A first review was completed in March 1999.^[2] At the Fourth Ministerial Conference, Ministers instructed the Committee to review the operation and implementation of the SPS Agreement at least once every four years.[3] The Fifth Review of the Operation and Implementation of the SPS Agreement (the Fifth Review) was completed, and the corresponding report adopted ad referendum in July 2020.^[4]

At its November 2023 meeting, the Committee adopted a process to undertake the Sixth Review of the Operation and Implementation of the SPS Agreement (the Sixth Review).^[5] In accordance with this process, this draft report of the Sixth Review is for Members' consideration. Members are invited to submit written comments on this draft by 13 December 2024.

The draft report of the Sixth Review is comprised of two parts:

·_        Part A – Sixth Review Discussions – containing, by key topics[6], information on Sixth Review proposals, related discussions and thematic sessions, as well as recommendations for further work. [Note: recommendations will be added at a later stage.] Part A also outlines previous Committee decisions, guidelines, and recommendations that Members were invited to review or update as part of the Sixth Review.

·_        Part B – Committee work during the review period – containing information regarding the Committee's main areas of work from 1 January 2020 to 31 December 2024. [Note: Part B will be based on the draft background document, which was initially circulated as _G/SPS/GEN/2223 on 8 May 2024 and subsequently reviewed. Part B will be added to the report at a later stage.]

Table of contents

Page

PART A – SIXTH REVIEW DISCUSSIONS. 3

1   Introduction.. 3

2   Proposals And Recommendations. 3

2.1   Addressing modern challenges and emerging risks. 3

2.2   Cooperation with ISSBs. 4

2.3   Regionalization. 5

2.4   Technical assistance / S&DT. 6

2.5   Technology / IT tools. 7

2.6   Transparency / Notification Procedures. 8

2.7   Maximum Residue Limits (MRLs) 9

2.8   Facility registration. 9

2.9   Systems approach. 9

3   Committee decisions, guidelines, and recommendations to be periodically reviewed or updated. 10

_3.1   Procedure to Monitor the Process of International Harmonization (G/SPS/11/Rev.1 and G/SPS/40) 10

_3.2   Consistency – Guidelines to Further the Practical Implementation of Article 5.5 (G/SPS/15) 11

_3.3   Procedure to Enhance Transparency of Special and Differential Treatment in Favour of Developing Country Members (G/SPS/33/Rev.1) 11

_3.4   Recommended Procedure to Encourage and Facilitate the Resolution of Specific SPS issues among Members in Accordance with Article 12.2 (G/SPS/61) 11

_3.5   Collection of Available Tools and Resources in relation to SPS Approval Procedures (G/SPS/67) 12

_3.6   Collection of Resources to Facilitate Implementation of National SPS Coordination Mechanisms (G/SPS/GEN/1850/Rev.1) 12

Annex I: List of topics and proposals. 13