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SPS HANDBOOK TRAINING MODULE: CHAPTER 2

Operating the SPS notification authority

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2.1 Introduction

The following part of the handbook explains the operation of a notification authority and the major tasks that it handles on a routine basis:

1. deciding whether a notification is necessary;
2. when to notify;
3. writing a notification;
4. responding to requests for notified documents;
5. following up notifications made by other countries; and
6. submissions and comments.

The SPS Agreement requires prior notification of proposed SPS measures. The main advantage of this notification system is to make consultation international, by allowing other countries to comment on proposed measures. There is evidence that in countries where a national consultation system did not exist, meeting or complying with the WTO notification requirements contributed to reinforce domestic transparency. Any country proposing to introduce a new SPS measure is, in most circumstances, required to:

1. submit a notification through the WTO Secretariat when a new measure is proposed or a measure is changed;
2. allow reasonable time for other countries to make comments in writing;
3. discuss these comments upon request;
4. take the comments and the results of the discussions into account;
5. explain to the submitting country how it plans to take the comments into account;
6. where appropriate, provide additional relevant information on the proposed SPS measure concerned;
7. provide the submitting country with a copy of the text of the corresponding SPS regulations as adopted, or information that no corresponding SPS measure will be put into force for the time being.

The SPS notification system also facilitates trade by allowing some lead time before new measures must be complied with (a “no surprises” approach).

The SPS Agreement has significantly improved transparency in the application of sanitary and phytosanitary measures. This has been illustrated by the fact that Members are progressively meeting their notification obligations. There has been significant progress made in the establishment of enquiry points and notification authorities. As of September 2002, more than 3,100 notifications had been submitted by 90 countries, and 117 countries had established notification authorities.

Sample letters for handling requests for documents are contained in Annex B.

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