During the Uruguay Round negotiations, there was some concern that certain obligations would be difficult for developing and least-developed countries to implement. Therefore, many agreements contain provisions for the “special and differential” treatment of developing and least-developed countries.

Special and differential treatment in different WTO agreements includes:

provisions aimed at increasing trade opportunities for developing countries;
provisions which require WTO Members to safeguard the interests of developing country Members when adopting protective trade measures;
provisions allowing flexibility to developing countries in the use of economic and commercial policy instruments;
provisions granting longer transitional periods for the implementation by developing countries of various commitments flowing from these agreements; and
the provision of technical assistance in the implementation of their commitments as well as in their efforts to reap full benefits from the results of the Uruguay Round.

Article 10 of the SPS Agreement contains provisions on “special and differential treatment” in sanitary and phytosanitary measures:

Taking account of special needs of developing countries — Article 10.1

According to this article, Members shall take into account the special needs of developing and particularly least-developed country Members in the preparation and application of SPS measures. In the context of the review of the SPS Agreement, the Committee noted that it had no information on the extent to which this article had been implemented, and encouraged Members to further its practical implementation.

Longer time-frames for compliance — Article 10.2

Where the appropriate level of protection allows it, Members should allow longer time-frames for compliance on new SPS measures where products of interest to developing country Members are concerned. This is designed to make it possible for developing country Members to maintain opportunities for their exports. In the context of the review of the SPS Agreement, the Committee noted that it did not have information on the implementation of this article, and stressed that it should be applied where possible.

The Decision on Implementation taken at the Doha Ministerial Conference in 2001 specifies that, where the appropriate level of protection allows scope for the phased introduction of SPS measures, the “longer time-frame for compliance” referred to in Article 10.2 shall normally mean at least 6 months. Where the phased introduction of a new measure is not possible, but a Member identifies specific problems, the Member applying the new measure shall enter into consultations, upon request, to try to find a mutually satisfactory solution.

Time-limited exceptions — Article 10.3

Upon request, the Committee can grant specified time-limited exceptions in whole or in part from obligations under the SPS Agreement to developing countries, taking into account their financial, trade and development needs. This could be useful, for example, to a country embarking on a two-year programme to upgrade its veterinary inspection facilities, or their food chemical residue testing laboratories. As of April 2002, no Member had asked for such an exception.

Participation in the relevant international organizations — Article 10.4

Members should encourage and facilitate the active participation of developing countries in the three standard-setting organizations, often called the three sister organizations: Codex, OIE and IPPC. Many developing countries do attend the meetings of at least some committees of these organizations, or comment on standards that are being developed. However, some Members are concerned that international standards are often not appropriate for developing countries’ special needs, or that standards do not exist for products of special interest to developing countries.

The Director-General of the WTO was asked to work with the standard-setting organizations as well as international financial institutions to identify ways to increase the participation of developing countries in international standard-setting activities. The “three sister organizations” themselves are making efforts to facilitate developing country participation. The FAO has established a Food Safety and Quality Facility to help fund capacity building in least-developed countries and their participation in relevant standard-setting activities.

The WTO Secretariat and the secretariats of the three sister organizations work together closely to facilitate developing country participation. For example, WTO-sponsored workshops on the SPS Agreement are frequently organized in conjunction with Codex Committee meetings, and funds may be found by both the WTO and FAO to sponsor the participation of some developing country officials in both events.

At the Doha Ministerial Conference, Members took note of the actions taken by the Director-General to facilitate participation of developing countries in standard setting, and urged him to continue his cooperative efforts.

Delay in application of the agreement — Article 14

The SPS Agreement entered into force with the establishment of the WTO on 1 January 1995. However, least-developed countries were permitted to delay application of the Agreement to their import requirements until 1 January 2000. Developing countries were also permitted to delay the application of the Agreement, other than its transparency provisions, until 1 January 1997, but only with respect to existing sanitary or phytosanitary measures on imported products in cases where they lacked technical expertise, technical infrastructure or resources.

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