Operating the SPS notification authority

2.2 Making an SPS notification

Routine or emergency format?

Routine notifications

Except in emergencies, a notification should be made when a draft with the complete text of a proposed regulation is available, and when amendments can still be introduced and comments taken into account.

The notification procedures require that measures are to be notified “well before the entry into force of the relevant measure”. As such, a notification should be made when a draft with the complete text of a proposed regulation is available and when amendments can still be introduced and taken into account. The procedures recommend that a normal time limit for comments on notifications of at least 60 days is allowed before a measure comes into force.

Notifying countries should grant requests for extension of the comment period wherever practicable, in particular with regard to notifications relating to products of particular interest to developing countries. Extensions may be necessary where there have been delays in receiving and translating the relevant documents or where there is a need for further clarification of the measure notified. A 30-day extension should normally be provided.

For proposed SPS measures that unambiguously facilitate trade, countries may reduce or eliminate the period for receiving comments. But to enhance transparency, notifications should be made as early as possible.

 

Emergency measures

The routine consultation process can be reduced or eliminated in genuine emergencies, which the SPS Agreement defines as cases “where urgent problems of health protection arise or threaten to arise” for the country implementing the measure. Emergency measures may be notified either before or immediately after they come into effect, with an explanation of the reasons for resorting to emergency action, as requested in the emergency notification form.

However, it should be noted that if the notification of a routine measure has been “overlooked” or is late for whatever reason, the routine notification form should be used even if the recommended comment period cannot be offered. In other words, the fact that the notification is late should not become the reason for using the emergency format; it is preferable that the notification is made late rather than not at all.