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SPS HANDBOOK TRAINING MODULE: CHAPTER 5

Publication of regulations

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5.1 The requirement

The fundamental component of transparency under the SPS Agreement is publication of regulations. This is a general obligation on WTO Members, and does not relate specifically to the work of either the notification authority or enquiry point.

WTO Members are obliged to:

1. ensure that all SPS regulations which have been adopted are published promptly in such a manner as to enable interested countries to become acquainted with them. Regulations to be published include laws, decrees or ordinances which are applicable generally.
     
2. except in urgent circumstances, allow a reasonable interval between the publication of a sanitary or phytosanitary regulation and its entry into force in order to allow time for producers in exporting countries and particularly in developing countries, to adapt their products and methods of production to the requirements of the importing country.
     

In the Decision on Implementation Related Issues and Concerns (WT/MIN(01)17) taken on 14 November 2001 at the Fourth Ministerial Conference in Doha, Qatar, it was decided that the “reasonable interval” between the publication of an SPS regulation and its entry into force shall normally mean a period of not less than 6 months. However, the entry into force of measures which liberalize trade should not be unnecessarily delayed.

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