The SPS Committee adopted document G/SPS/67, which lists existing tools and resources to enhance the implementation of the SPS Agreement relating to SPS approval procedures for food, animal and plant products. It also adopted document G/SPS/68, which provides recommendations on SPS approval procedures.

Approval procedures cover any procedure to check and ensure the fulfilment of SPS measures. They can, for example, be used to assess products or categories of products before they are allowed into a market to ensure that imported products comply with SPS requirements of the importing country or to check that the SPS system of an exporting country provides necessary assurances before a product enters a market.

The two documents stemmed from work undertaken by the Working Group on Approval Procedures between November 2020 and March 2023. The Working Group was set up following a recommendation from the Fifth Review of the Operation and Implementation of the SPS Agreement to consider challenges and principles of approval procedures.

Tools and resources compiled in the first document are organized by key themes, including timing/undue delays, communication/information exchange, transparency, justification of approval procedures, harmonization with international standards, regulatory cooperation, and general themes and other topics not classified.

Members have recommended that the collection of available tools and resources be kept up to date by the SPS Committee. The relevant document suggests that members consider the use of SPS Committee mechanisms to facilitate discussions on approval procedures and explore the need for additional guidance or tools.

Members are also encouraged to advance the implementation of Annex C of the SPS Agreement regarding control, inspection and approval procedures, with specific recommendations on transparency. The recommendations include making information available on official websites and using e-tools to provide clear and timely information, having up-to-date contact details on the ePing SPS&TBT Platform for tracking SPS and TBT measures, and notifying new or changed approval procedures. The recommendations also cover providing information proactively at the start of the approval process, maintaining open and ongoing communication throughout approval processes and using international tools for the electronic exchange of certificates.

Members were also invited to engage in regulatory cooperation and to adopt approval procedures making use of modern technologies and practices, such as remote audits.

The two documents were developed to help members address the key challenges identified and discussed in the Working Group. These key challenges included delays, lack of transparency, unclear processes, unclear timelines, approval procedures that appear to be discriminatory, and the lack of harmonization with international standards, guidelines and recommendations. A detailed summary of the discussions of the Working Group can be found in document G/SPS/GEN/2097.

Following the adoption of the documents, members commended the work done by the co-stewards, Canada and Paraguay, and highlighted that these tools and recommendations will be very useful for many members. The co-stewards acknowledged the key role played by the WTO Secretariat to make the process run smoothly and thanked members who had contributed to the Working Group.

MC12 SPS Declaration

Prior to the Committee meeting, members heard from the co-stewards of the five thematic groups established in the work programme of the SPS Declaration adopted at MC12, who reported on ongoing discussions.

Four of the five thematic groups met on the margins of the SPS Committee meeting. One of the groups heard from producers, who shared how the implementation of the SPS Agreement may impact trade, food security and the sustainability of food systems. Another group heard from one of the standard-setting bodies relevant to the SPS Agreement, the International Plant Protection Convention, about its standards on regionalization. Further discussions were also held on the role of organizations with observer status and their contributions to the SPS Committee.

In a workshop organized with the Standards and Trade Development Facility (STDF), another group heard from beneficiaries of STDF's projects in Viet Nam, Uganda and Latin America on how the support received was helping them meet international food safety, animal and plant health standards. A panel discussion further explored some of the key lessons learned from STDF projects and other work. 

Co-stewards reported on discussions held during thematic group meetings and contributions provided by various stakeholders on emerging challenges and new opportunities facing international trade in food, animals and plants, including population growth, climate change, new technologies, and pest/disease pressures.

Members thanked the co-stewards for their summaries and agreed on the need to advance discussions. A new round of intersessional meetings will take place in May. Some members said it would be the right time to reflect on the ideas that could translate into findings and recommendations in anticipation of what the Committee could report to the 13th WTO Ministerial Conference, to be held in February 2024.

Members were reminded that the WTO Secretariat created a dedicated, restricted webpage (wto.org/spsdeclaration) for members to track information on the thematic groups, including meeting times, links for the meetings, inputs provided by members for discussion and other documents relevant to the groups' discussions.

At the request of members, the Secretariat delivered a presentation on Articles 9 (technical assistance) and 10 (special and differential treatment) of the SPS Agreement, previously delivered in one of the thematic groups of the MC12 SPS Declaration work programme. The presentation outlined the main provisions on technical assistance and special and differential treatment, highlighting the work done by the Committee and some of the possible advantages available for developing members.

Members also discussed a communication by Argentina, Colombia, Ecuador, Paraguay and Uruguay on the functioning of the Council for Trade in Goods (CTG) and its subsidiary bodies with regard to WTO reform and COVID-19.

While acknowledging that the SPS Committee is one of the most efficient and proactive WTO committees, the members identified challenges faced by small delegations with limited human resources to cope with the increasing number of formal and informal meetings within the CTG together with the amount of information they generate on a wide variety of topics.

Trade concerns

Members raised 48 specific trade concerns (STCs), nine of them for the first time in this committee. A wide range of issues were discussed, including on pesticide maximum residue levels (MRLs), animal diseases and COVID-19 related measures.

New STCs addressed issues such as meat, seafood and plant import restrictions and procedures. Several previously raised STCs covered pesticide tolerances and the environment, legislation for endocrine disruptors and veterinary medicinal products, collagen for human consumption, and phytosanitary certification requirements. Several delegations reiterated their concern regarding China's actions related to COVID-19 that, in their view, affect trade in food and agricultural products.

The European Union informed the committee of the partial resolution of a concern first raised in November 2020 on the non-publication of the US Final Rule on Importation of Sheep, Goats and Certain Other Ruminants (STC ID 493).

The Secretariat shared an update on its annual review on the implementation of SPS transparency provisions and STCs. It informed members that a record number of 2,172 notifications of new or modified regulations were submitted in 2022.

Thematic session

Members discussed plans for a thematic session on SPS risk communication, with an emphasis focusing on public perceptions of issues concerning food, technology, health and the environment, to be held in November 2023. The theme was proposed by the United States, who informed members that it would submit a draft programme ahead of the July SPS Committee meeting.

Next meeting

The next meeting of the Committee is tentatively scheduled for the week of 10 July 2023.