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 in the development and application of SPS measures to address emerging risks within the scope of the SPS Agreement.

·_        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 and access to 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. [Moved to the recommendations on "Cooperation with ISSBs"]

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

2.2  Cooperation with ISSBs

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 and to identify 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 Member-driven hub for information exchange with the ISSBs on monitoring activities.

·_        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. The Committee recommends that the approach and method taken by Members to address uncertainty be clearly documented and communicated in a transparent manner in order to provide Members an opportunity to review and comment on any such approach and method. [Moved from the recommendations on "Addressing modern challenges and emerging risks"]

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, to foster trust among Members.

·_        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 innovative regulatory approaches to facilitate safe trade. 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, zoning, and compartmentalization.

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

2.4  Technical assistance / S&DT

2.22.  Recommendations:

·_        As reflected in other recommendations and considering the MC12 SPS Declaration Work Programme and the MC12 SPS Declaration Report, 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 coordinate with the TBT Committee and the CTD-SS, as appropriate. 

·_        The Committee will continue to engage, as appropriate, on existing flexibilities in the SPS Agreement by considering, as appropriate, Member proposals for possible improvements in technical assistance, sharing information and technical know-how, 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 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.

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 and technologies, 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.

·_        Committee work in this area should will take into account the needs, sensitivities, interests, 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, taking into consideration the resources and capabilities of developing and LDC Members;

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._   identify priorities for improvements and 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.

2.7  Maximum residue limits (MRLs)

2.35.  Recommendations:

·_        The Committee will continue discussions onto consider Members' proposals on the topic of MRLs with a view to, inter alia, sharing best practices about the determination of default MRLs. and, based on the outcomes of the discussions, decide how best to approach the topic to ensure added value, In doing so, the Committee will building on earlier activities (including the March 2025 thematic session) 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.

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

·_        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.  Recommendation:

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

2.9  Systems approach

2.41.  Recommendation:

·_        In light of the March 2025 thematic session on innovative regulatory approaches to facilitate safe trade, tThe Committee will consider continuing 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 including the use of innovation and emerging technologies.

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