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]

Revision

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.

·_        Noting the importance of sustainable and resilient food systems and recognizing that there is "no one size fits all" approach to improving the sustainability of food and agricultural systems across WTO Members, WTO Members will continue discussions regarding the importance of differences in local and regional conditions.

·_        Acknowledging the particular relevance of science, research, and innovation as a means to address SPS issues and sustainably increase production to feed a growing world population, the Committee will continue to explore approaches to the application of agriculture-related technology to address emerging risks.

·_        The Committee will continue to review the use of Codex, WOAH, and IPPC standards, guidelines, and recommendations addressing scientific uncertainty in risk analysis, including the recommendation that the approach and method taken by Members to address uncertainty be clearly documented and communicated in a transparent manner.

·_        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 at Committee meetings about their efforts to monitor the implementation of international standards, including in the context of their observatory projects, with a focus on challenges and impediments faced by Members, in particular developing and LDC Members, and possible ways to address them.

·_        The Committee invites Members to make their best efforts to align SPS measures with relevant international standards, guidelines, and recommendations in accordance with Article 3 of the SPS Agreement.

·_        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 adaptation 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.

·_        The Committee will foster discussions, including in specific thematic sessions and events, as appropriate, regarding the effective use and recognition of newer approaches to regionalization, including disease-free areas and compartmentalization.

·_        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.  Recommendations:

·_        As reflected in other recommendations, 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.

·_        The Committee will continue to engage on existing flexibilities in the SPS Agreement by considering, as appropriate, Member proposals for possible improvements in technical assistance and new avenues to support the participation of developing and LDC Members and the implementation of the SPS Agreement to improve market access opportunities.

·_        Working with the STDF, Members should continue to support engagement with developing and LDC Members, including through technical assistance, capacity building and South‑South cooperation, to support implementation of the SPS Agreement and to create, maintain and expand export market opportunities by complying with and establishing SPS import requirements based on international standards, scientific principles, and risk assessment.

·_        The Committee will work with the Secretariat to explore a transparency mentoring system to assist developing and LDC Members, including with respect to transparency and their timely engagement on SPS matters, taking into account lessons learned from previous experiences with mentoring systems. [recommendation moved up from the section on transparency/notification procedures]

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 reaffirms the importance of in-person participation of delegations while acknowledging the significance of virtual communication tools to enable online attendance in Committee meetings when in-person attendance is not possible. The Committee recommends that online tools continue to be used to enable delegations to attend Committee meetings virtually.

·_        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, with a two-year duration that may be extended by the Committee. The working group will, inter alia:

i._     explore possible ways to improve the quality of the information contained in notifications and to facilitate access to translations of notified measures;

ii._    discuss Members' practices with respect to comments on notifications and explore possible ways to enhance the transparency of this process;

iii._   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; and

iv._   work with the Secretariat to implement any insights gained during the working group activities. This may include enhancements to the ePing SPS&TBT Platform; revisions of the recommended transparency procedures (_G/SPS/7/Rev.5), the annual report on transparency (G/SPS/GEN/804 document series), and the practical manual for NNAs and NEPs; and adaptation of the Good Practice Guide on Commenting on a TBT notification (G/TBT/GEN/386) to the needs of the SPS Committee.

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.  Recommendations:

·_        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 and respecting Members' rights under the SPS Agreement and the remit of Codex. The Committee will hold a thematic session on this topic, building on previous work, including the 2022 thematic session on trade facilitative approaches to pesticide MRLs.

·_        The Committee invites Members to implement MRLs in a manner that preserves export opportunities for developing and LDC Members while ensuring food safety.

2.8  Facility registration

2.37.  New recommendation:

·_        The Committee will hold dedicated discussions on science- and risk-based approaches to facility registrations.

2.9  Systems approach

2.41.  New recommendation:

·_        The Committee will continue the discussion on systems approaches to help minimize phytosanitary risk through sharing of best practices and encouraging regional and international collaboration with relevant stakeholders.

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