SPS COMMITTEE: S&D DEBATE TO CONTINUE

The WTO Committee on Sanitary and Phytosanitary Measures (SPS) failed again to finalise discussions on special and differential treatment (S&D) following objections by Malaysia at its 22-23 June meeting. Also at the session, Members adopted a schedule for reviewing the operation and implementation of the SPS Agreement as mandated by the Doha decision on implementation.

Transparency in S&D

Members continued discussions on Canada's proposal on enhancing transparency of special and differential treatment within the SPS Agreement, which would require Members to engage in bilateral consultations if an exporting country identified significant difficulties in complying with proposed regulations (see BRIDGES Weekly, 24 March 2004). Following the consultations, the notifying Member would inform the WTO of the S&D requested and provided (or reasons why S&D was not granted). At the last SPS Committee meeting in March, Members had adopted a revised version of the procedural details put forward by the Secretariat (G/SPS/W/132/Rev.2, searchable at http://docsonline.wto.org/) provided that no objections were raised by 30 April.

Malaysia, however, expressed objections by asking for additional time to consult. Specifically, Malaysia took issue with the paper's proposal that importing developed countries should consider S&D in response to requests from exporting developing country exporters. Malaysia said it would like to see the onus placed on developed countries instead. In response, Canada noted that the SPS Agreement already obliged developed countries to provide S&D. Canada added that the proposal was meant to address developing countries' concerns that the S&D did not meet their needs by allowing them to specify the additional S&D they were seeking. Several other countries -- including Jamaica, Nicaragua, Eduardo, Cuba, Peru, Brazil and the US -- also urged Malaysia to join the consensus. Discussions are set to continue at the next SPS Committee meeting, currently scheduled for 27-28 October.

Schedule for SPS review

Members adopted a schedule for reviewing the operation and implementation of the SPS Agreement. Such a review is mandated to take place at least once every four years pursuant to paragraph 3.4 of the Doha Decision on Implementation-related Issues and Concerns. The report of the next review should be prepared for the sixth WTO Ministerial Conference. According to the schedule, Members are requested to submit to the Secretariat issues that they would like to see considered in the review. The report is tentatively scheduled to be adopted in June 2005.

The next meeting of the SPS Committee is currently scheduled for 27-28 October. The session will be chaired by Gregg Young (US) who took over from Paul Martin (Canada).

ICTSD reporting.