Members have the obligation to notify SPS measures if they
- are new or changed; and
- are not based on an existing international standard or no relevant international standard does not exist; and
- have a significant effect on trade.
This requirement covers measures that restrict trade as well as trade-facilitating measures. A notification should be made as soon as a complete draft of a proposed regulation is available, and when changes can still be made to take into account any comments received. For the sake of increased transparency, many Members notify even measures that are based on an international standard, or measures where it is not clear if they will have an impact on trade.
Normally, regulations should be notified well before they enter into force; however, in urgent situations this may not be possible. Measures taken in urgent situations should be notified immediately, using the emergency notification format. To become acquainted with the notification formats, take a look at the recommended procedures for implementing the transparency obligations of the SPS Agreement or at the handbook.