Operating the SPS notification authority

2.3 Responding to requests and comments

Responding to requests from others  back to top

When a country has notified an SPS measure it is obliged to supply copies of the proposed regulation upon request. The notification authority should ensure it has the document in hand before making a notification. Requests for notified document normally come through the other country’s notification authority or enquiry point and WTO Members have a legal obligation to respond only to these. However, ideally countries should respond in the same way to all requests for notified documents, including those which may come directly from industry groups or individuals.

Requests should normally be fulfilled within five working days; if this cannot be done, the request should be acknowledged by fax or e-mail and an estimate given of the anticipated delay. Documents to be sent may include the following:

1. a covering letter responding to the request;
2. the regulation that has been notified;
3. an explanatory note (if one has been prepared); and
4. any relevant documents specified in Item 8 of the routine notification form or Item 9 of the emergency notification form, if requested.

Any documents which are still at a draft stage should be clearly identified as such. Each document sent should be marked with the relevant WTO notification number.

Members should use fax and e-mail facilities to the extent possible in responding to requests for documentation or information. Members are encouraged to publish their sanitary or phytosanitary measures on the world wide web, to facilitate the supply of documents.

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

 

Translations  back to top

When a translation of a relevant document exists or is planned, this fact should be indicated on the WTO notification form next to the title of the document. If only a translated summary exists, the fact that such a summary is available should be similarly indicated.

If a translation of a document or summary exists in the language of the requesting country, or, as the case may be, in the WTO working language used by the requesting country, it should be automatically sent with the original of the document requested.

Where documents are not available in English, French or Spanish, developed countries shall, upon request, supply a translation of the document, or in case of voluminous documents, a translation of a summary of the document, in English, French or Spanish.

When a country seeks a copy of a document relating to a notification which does not exist in that country’s WTO working language, the notifying country should indicate if any other countries have requested a copy of the document. The country seeking a copy of a document relating to a notification may contact other countries in order to determine whether they are prepared to share their translation.

Any country possessing an unofficial translation of a document relating to a notification should inform the notifying country of the existence of the unofficial translation and is encouraged to make it available to other interested countries, through electronic facilities where appropriate. In doing so, the country should clearly indicate the unofficial and non-committal nature of the translation.

 

Dealing with comments from others  back to top

A prime purpose of notifying proposed regulations is to allow countries that might be affected by them to be consulted during the drafting process. Government authorities that have notified proposed regulations might receive comments on such regulations.

Comments will either go to the notification authority or any other address specified in the final box of the notification form (Items 13 and 12 for routine and emergency notifications, respectively). Nevertheless, regardless of where comment is sent to, the notification authority remains responsible for ensuring that the tasks outlined in the previous paragraphs are carried out. The notification authority should establish good working relationships with relevant agencies, and documented administrative procedures to ensure this happens.

When other countries make comments on a notified SPS measure, the country notifying has certain obligations to meet. The country receiving comments should, without further request:

1. acknowledge the receipt of such comments;
    
2. explain within a reasonable period of time, and at the earliest possible date before the adoption of the measure, to any Member from which it has received comments, how it will take these comments into account and, where appropriate, provide additional relevant information on the proposed sanitary or phytosanitary regulations concerned;
    
3. provide to any Member from which it has received comments, a copy of the corresponding sanitary or phytosanitary regulations as adopted or information that no corresponding sanitary or phytosanitary regulations will be adopted for the time being;
    
4. where possible make available to other countries comments and questions it has received and answers it has provided, preferably through electronic facilities.
     

Members 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 country Members, 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.