Members are required to review the operation and implementation of the SPS Agreement periodically, as specified under Article 12.7 of the Agreement. The Agreement was first reviewed three years after its entry into force in 1995. Subsequently, a Decision adopted at the Fourth WTO Ministerial Conference in 2001 instructed the Committee to undertake this review at least once every four years.
Members advanced the discussion on the revised version of the background document, the draft report of the Sixth Review and the draft recommendations of the Sixth Review, based on discussions held between members during the review process. All relevant documents are available on the webpage dedicated to the Review of the SPS Agreement.
The objective is for members to adopt the Sixth Review at the next meeting of the Committee in March 2025. The Chair of the Committee, Cecilia Risolo of Argentina, asked members to submit additional written comments on the draft report by 6 December 2024, so that the Secretariat can circulate the compilation of comments and revised recommendations before the end of the year.
Members wishing to suggest new text for the recommendations were invited to consult with others and to submit language that is likely to reach consensus. The Chair suggested holding intersessional consultations before the March 2025 meeting, which has been tentatively scheduled for late January 2025.
Following those consultations, the Secretariat will circulate the draft report for the Sixth Review. This will include the background document with information updated until 31 December 2024, the revised draft report and the revised draft recommendations.
Thematic sessions
As part of the Sixth Review, the Committee held two thematic sessions prior to the formal meeting. The first, on 11 November, covered Emerging Risks and New Agricultural Technologies to Address Them. The second thematic session, on 12 November, focused on Codex Guidelines for Voluntary Third Party Assurance Programmes (vTPA).
Based on a joint proposal submitted by Canada and the European Union, the first thematic session built on the productive discussions that were held as part of the work conducted under the MC12 SPS Declaration on Responding to Modern SPS Challenges (MC12 SPS Declaration Work Programme), and explored members’ experiences, best practices, successes, and challenges associated with emerging risks, as well as the new agricultural technologies that can help to address them.
The session shed light on two main topics, namely, ways to define, identify and characterize SPS-related emerging risks that pose a threat to food safety, human, plant or animal life or health, and the development and implementation of new agricultural technologies to address emerging risks, as well as the barriers to their successful implementation. As a follow-up to this event, the SPS Committee is planning another thematic session in March 2025 to discuss innovative regulatory approaches used by members to facilitate safe trade.
The second session, based on a proposal by Belize, analysed the different approaches to implementing the Codex vTPA (voluntary Third-Party Assurance) Guidelines and allowed for experience-sharing and identifying lessons learned. It included discussions on, and learning from, three pilot projects on the use of vTPA programmes supported by the Standards and Trade Development Facility (STDF):
Participants in this thematic session also explored tools and data-sharing and other strategies that support the assessment and/or use of third-party assurance programmes by regulators. In addition, they discussed opportunities for capacity-building to assist more developing economies in using the Codex vTPA Guidelines, including to enhance their risk-based inspection and auditing frameworks.
Special and Differential Treatment Declaration
The Chair provided an update on recent discussions regarding the S&DT Declaration adopted at the 13th Ministerial Conference in Abu Dhabi in February 2024. She informed members of her discussions with the Chair of the TBT Committee concerning their reports on their work, to be submitted to the Committee on Trade and Development in Special Session (CTD-SS). These reports will contribute to the overall report mandated by the Declaration.
The Chair underlined the importance of close coordination and cooperation among the Committees in the implementation of this Declaration, as well as in continuing the work to enhance the implementation of S&DT. The Chairs of the SPS and TBT Committees will each present their reports to the CTD-SS under their own responsibility. Each chair will follow a similar structure in their respective committees to facilitate members’ work. Ms Risolo announced that she will share her draft report, with a deadline for members to submit comments.
Specific trade concerns
Members raised a record of 64 specific trade concerns (STCs) — thirteen for the first time — at the SPS Committee meeting.
These concerns covered a wide range of issues. New STCs addressed issues such as delays and restrictions impacting agricultural and food products, restrictions on pesticide residue levels, and non-renewal of approvals for specific substances used in crop protection. Members also addressed concerns regarding import restrictions on spices due to chemical limits, prohibitions on certain pesticides for fresh produce, and stringent measures related to animal diseases. Other points of contention included delays in recognizing the disease-free status of livestock and extended approval processes for plant products.
Several previously raised STCs pertained to pesticide tolerances and the environment, legislation for endocrine disruptors and on veterinary medicinal products, approval processes for products such as seafood, and restrictions based on the status of animal diseases. Concerns over regional food safety standards, delays in obtaining approval for export establishments, limits on specific contaminants, such as cadmium in cocoa products, and regulations affecting safety standards for veterinary and plastic materials coming into contact with food, were also addressed.
The list of STCs discussed during the meeting is available here.
Next meeting
The next meeting of the Committee is tentatively scheduled for 17-21 March 2025.
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