COMMUNICATION FROM LOH JIA JIE (SINGAPORE) – FACILITATOR FOR
THE G90 AGREEMENT-SPECIFIC PROPOSALS ON THE AGREEMENT
ON THE APPLICATION OF SANITARY AND PHYTOSANITARY
MEASURES (SPS AGREEMENT) AND THE AGREEMENT ON
TECHNICAL BARRIERS TO TRADE (TBT AGREEMENT)

summary of the Informal Open-Ended Discussion of 10 July 2024

The following communication, dated 2 October 2024, is being circulated at the request of the Facilitator for the G90 Agreement-specific proposals on SPS and TBT Agreements.

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1._       As a follow-up to the informal open-ended discussion that took place on 10 July 2024 and following comments received from Members, I would like to share with delegations the following summary of the main points discerned from informal discussions in relation to the implementation of the MC13 Declaration on "the precise, effective and operational implementation of special and differential treatment ("S&DT") provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) and the Agreement on Technical Barriers to Trade (TBT)" ("MC13 Declaration"). My report on my bilateral consultations, provided at the meeting, is appended as an annex at the end of this document.

1  Overall Approach on the Implementation of the MC13 Declaration

2._       Based on my bilateral consultations, it was noted that the SPS and TBT Committees were better placed to conduct the necessary technical discussions, would take the lead on the implementation of the first two operative paragraphs relating to improving the training and technical assistance provided under the WTO Technical Assistance and Training Plan; and improving the existing compilation of comment periods given by Members in their notifications with respect to SPS and TBT measures. I also proposed that the CTDSS would take the lead on the implementation on the remaining third and fourth operative paragraph, as well as play an overall coordinating role to monitor and report the status of implementation of the MC13 Declaration to the General Council. To this effect, one delegation was of the view that technical discussions on the implementation of the Declaration could only commence with the identification of specific difficulties, and that the SPS and TBT Chairpersons could consider submitting a report on the work done in their respective Committees on S&DT. To assist the CTDSS with its monitoring role, the SPS and TBT Chairpersons had agreed to report on relevant work at their respective Committees to the CTDSS at its regular meetings. In addition, the SPS and TBT Chairpersons are encouraged to share with the CTDSS any relevant technical information and views with respect to the third operative paragraph, in relation to their respective Committees’ monitoring and discussions on the implementation of the S&DT provisions in the SPS and TBT Agreements. It was noted that these reports of the SPS and TBT Chairpersons could feed into the December 2024 report envisioned in third operative paragraph.

3._       A Member stressed the importance for the Secretariat to avoid conflict of meetings relating to development, SPS and TBT to facilitate the participation of Members, especially small delegations, in the relevant discussions as much as possible. The SPS Secretariat and I shared that the next round of meetings of the TBT and SPS Committees would be held in the weeks of 4 November and 11 November respectively.

2  Scope of future discussions on the Implementation of the Third Operative Paragraph of the MC13 Declaration

4._       Some Members were of the view that the CTDSS should continue discussions on the outstanding areas / aspects of the G90's Agreement Specific Proposals (ASPs) for the Agreements on SPS and TBT, in documents JOB/TN/CTD/2 and JOB/TN/CTD/3, that are not covered in the MC13 Declaration. Some Members also highlighted challenges faced with an increasingly complex SPS and TBT regulations, and the need to address the capacity constraints of developing countries and least developed countries and their access to the necessary technology and expertise. Some Members requested further clarity / specificity on the outstanding areas / aspects and the scope of future discussions.

5._        One delegation suggested that further discussions should be identified based on the concrete needs and challenges faced by developing countries, in particular LDCs, prioritising ideas already raised in the pre-MC13 discussions (e.g., regarding possible improvements to WTO's digital tools or the type of training available that helps timely identification of relevant WTO SPS and TBT notifications). A suggestion was made for the Secretariat to conduct a survey for Members to provide suggestions on the scope.

3  Approach / Modality of future discussions on the Implementation of the Third Operative Paragraph of the MC13 Declaration

6._       Some Members underscored the importance of close collaboration between the CTDSS and the Committees on SPS and TBT, to leverage on the relevant expertise and avoid any duplication of work. In this regard, there were suggestions for joint meetings or thematic discussions on the margins of the meetings of the SPS and TBT Committees. Views were expressed that future thematic sessions focus on practical challenges to effective implementation, discussion on relevant flexibilities and tools, as well as corresponding best practices that could be helpful in identifying a way forward. A reference was made to a communication WT/COMTD/W/285. One delegation also suggested that any experience-sharing session would need to be at a macro-level linking implementation of technical elements to the broader development context. Nonetheless, it would be helpful to first identify the scope of our future work which aid the design of the agenda of the proposed joint meetings or thematic discussions.

7._       It was also suggested that the Secretariat, in consultation with Members where appropriate and necessary, compile a document with relevant information on ongoing work at the SPS and TBT Committees relating to the implementation of the MC13 Declaration. In addition, there was a suggestion for the Secretariat to include in the proposed compilation document an assessment on the value-add of the MC13 Declaration, but some Members questioned whether the Secretariat would be in the position to make such an assessment. In this regard, a number of delegations suggested that the Secretariat could prepare a factual compendium of information on the status of implementation of Articles 10 and 12 of the SPS and TBT Agreements, respectively.

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Annex - Facilitator’s Report on his Bilateral Consultations

1._       Following MC13, I have held bilateral consultations with individual Members and Group representatives to hear views and exchange ideas on the implementation of the MC13 Declaration. I have observed that there is general interest to promptly and fully implement the MC13 Declaration. Members have also stressed the importance of close collaboration with the Committees on SPS and TBT to ensure an effective implementation of the MC13 Declaration, and to avoid any duplication of efforts. Several Members also highlighted the SPS and TBT Committees are well placed to conduct the more technical discussions, particularly for the first two operative paragraphs of the MC13 Decision. To recap, the first operative paragraph requests improvements in training and technical assistance provided under the WTO Technical Assistance and Training Plan to assist developing country Members with timely engagement on SPS and TBT matters. The second operative paragraph requests improvements to the existing compilation of comment periods given by Members in their notifications with respect to SPS and TBT measures. It was noted to me the relevance of ongoing discussions of the triennial reviews of the implementation of the SPS and TBT Agreements at the respective Committees, which would offer a synergistic opportunity for the implementation of the Declaration.

2._       In this regard, CTDSS Chair Ambassador Kadra Ahmed Hassan, the Chairs of the Committees on SPS and TBT, the Secretariat and I had a preliminary discussion. Greater collaboration and coordination were stressed in the implementation of the MC13 Declaration, with CTDSS undertaking the overall coordinating role to monitor and report to the GC on the implementation status. It was also noted that the Committees on SPS and TBT had initiated discussions at their recent meetings to solicit ideas from Members to implement the MC13 Declaration, but it seemed like Members needed more time to consider the matter. We would encourage colleagues to work with your SPS and TBT representatives to actively participate in these technical discussions at the Committees on SPS and TBT.

3._       Now, moving on to the implementation of operative paragraphs 3 and 4 of the MC13 Declaration. To recap, the third operative paragraph instructs officials to continue work in the CTDSS, as well as the SPS and TBT Committees, towards enhancing the implementation of S&DT in the SPS and TBT Agreements and report on any progress by December 2024. On this matter, I observed that some further engagement and discussion would be required. Several Members noted that the CTDSS have had productive discussions on the G90’s Agreement Specific Proposals (ASPs) on SPS and TBT leading up to the adoption of the Declaration at MC13. Members have exchanges views, ideas, and experiences on the challenges and suggestions highlighted in the two ASPs. At previous CTDSS meetings, Members also suggested that it could be useful to have further thematic sessions to deepen our discussions along with relevant stakeholders including SPS and TBT experts. It was hence suggested that these discussions prior to MC13 should be taken into account when considering our next steps. In addition, it was also suggested that it could be useful to have greater clarity and alignment among Members on the scope and approach of such further discussions on SPS and TBT, taking into account the other Agreement-Specific Proposals from the G90. Separately, the SPS and TBT Chairs and Secretariat had shared with Ambassador Hassan and I that the SPS and TBT Committees may provide some relevant technical information and views in relation to their monitoring and discussions of the implementation of the S&DT provisions in the SPS and TBT Agreements. Nonetheless, it was discussed that it could be useful for the CTDSS to first take the lead, including scoping and structuring the work.

4._       Finally, we move to the fourth operative paragraph which instructs officials to continue to work on improving the application of S&DT in the CTDSS and other relevant venues in the WTO. As this instruction pertains to the discussion of the other eight ASPs at the CTDSS, I am of the view that it would be better discussed at a CTDSS meeting chaired by Ambassador Hassan.

5._       In summary, based on my bilateral consultations, I propose that the SPS and TBT Committees to take the lead on the implementation of the first two operative paragraphs as they are better placed to conduct the necessary technical discussions. The CTDSS will take the lead on the implementation on the remaining third and fourth operative paragraph, as well as play an overall coordinating role to monitor and report implementation status to the GC.

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