 
  WORLD TRADE  
ORGANIZATION  G/SPS/W/166 
27 October 2004 
 
 (04-4560) 
Committee on Sanitary a nd Phytosanitary Measures Original:   Spanish 
  
 
SECOND REVIEW OF THE OPER ATION AND IMPLEMENTATION 
OF THE AGREEMENT ON THE APPLICATION OF 
SANITARY AND PHYTOSANITARY MEASURES 
 
Communication from Mexico
 
 
  The following communication, dated 26 October 2004, is being circulated at the request of the delegation of Mexico.  
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I. INTRODUCTION 
1. As an original signatory to the Agreement on the Application of Sanitary and Phytosanitary 
Measures (SPS Agreement), Mexico has played an active role in activities relating to the 
implementation of this international instrument  and is firmly committed to eliminating the 
unnecessary barriers to trade that are generated thr ough the application of such measures.  Even 
before the entry into force of the SPS Agreemen t, Mexico had started restructuring its legal 
framework covering sanitary and phytosanitary me asures, with a view to implementing domestic 
mechanisms and procedures that would ensure the stri ct and effective fulfilment of obligations in that 
area.  This marked the beginning of a new phase  in Mexican administrative law, in which the 
preparation, adoption and amendment of all san itary and phytosanitary measures are subject to 
fundamental principles such as transparency, rationality and harmonization. 
2. Mexico attaches great importance to the Second Review of the Operation and Implementation 
of the SPS Agreement, principally on account of th e impact that implementation of the SPS rules has 
on the health and growth of multilateral trade.  In th is regard, Mexico considers that, while tariffs are 
being eliminated, it is becoming increasingly obvious that the international flow of goods is being 
affected by a proliferation of non-tariff measures.  Mexico further believes that the preparation and 
application of sanitary and phytosanitary measures,  as well as the relevant control, inspection and 
approval procedures, are instrumental and highly effective in, inter alia , achieving sustainable 
economic growth in the developing  countries, raising the standard of living of their citizens, 
developing and strengthening business infrastructure and competitiveness and protecting human, 
animal and plant health and the environment. 
3. In analysing the operation of the SPS Agreement, pursuant to Article 12.7, and the results of 
the previous review, Mexico has come to the c onclusion that all trade problems associated with 
sanitary and phytosanitary measures are directly li nked to problems concerning the implementation
 of 
the SPS provisions.  Mexico believes that the Agreemen t has a well-structured set of rules, which are 
sufficiently clear and exhaustive, and that consequently this review should not seek to modify its 
provisions, but solely make recommendations so as to enable the Members to apply them more 
promptly, effectively and appropriately. G/SPS/W/166 
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 4. In view of the foregoing, Mexico's objective dur ing this second review is to discuss and, if 
appropriate, approve recommendations in the followi ng fields (listed in no particular order): 
 (a) Technical assistance; 
  (b) good regulatory practices; 
 
 (c) regionalization;  and   (d) transparency.  II. TECHNICAL ASSISTANCE 
5. Mexico believes that this second review of the SPS Agreement should both continue and 
deepen the discussion on the sustainability and dura bility of the effects of technical assistance 
provided by the Members in that field, which is why it is once again submitting for the Committee's consideration the arguments, expl anations and conclusions cont ained in document G/SPS/GEN/382, 
dated 1 April 2003. 
III. GOOD REGULATORY PRACTICES 
6. Articles 2.2, 2.3, 3.4, 5.4 and 5.6 of the SPS Agreement include, expressly or tacitly, various 
substantive obligations that the Members must fulf il so that the sanitary or  phytosanitary measures 
that they adopt do not constitute disguised restric tions on international trade, are not applied in a 
discriminatory fashion and are not more trade-restrict ive than required to achieve an appropriate level 
of sanitary or phytosanitary protection. 
7. In Mexico's view, the obligations referred to  in the above paragraph can be considered 
applicable mutatis mutandis  to control, inspection and approval procedures, as provided for in 
Article 8, and Article 1(a), (e), (f) and (g) of Annex C, of the SPS Agreement. 
8. In Mexico's opinion, many of the problems en countered by various WTO Members in gaining 
access for their products to other markets are directly  linked to failure to comply in a timely fashion 
with the above-mentioned obligations laid down in  the SPS Agreement.  However, the Committee's 
discussions have, as yet, barely touched upon wa ys of implementing those provisions or the 
mechanisms used internationally to  ensure their fulfilment.  In th is communication, these mechanisms 
are included within the concept of "good regulatory practices". 
9. Mexico therefore suggests that, during the current review of the SPS Agreement, the 
Members discuss the possibility of drawing up guidelines on good regulator y practices that would 
promote practical implementation of the SPS provisions  identified by Mexico in this section of the 
document.  The purpose of such guidelines would be to enable the Members to check, before 
definitively issuing their respective sanitary and phytosanitary measures, that the substantive 
obligations laid down by the SPS Agreement had been fu lfilled.  To that end, it would be very useful 
if the Members exchanged information on the measure s and mechanisms in force at the domestic level 
so as to ensure that their regulations or control, inspection and approval procedures are drawn up in accordance with the principles of non-discrimination and rationality. 
10. Mexico believes that the preparation of guidelin es on good regulatory prac tices, in addition to 
providing highly useful guidance for Members, will help the developing – and particularly the least-
developed countries – the countries that have recently joined the WTO and those engaged in that 
process to implement the SPS Agreement effectivel y for the benefit of international trade.  G/SPS/W/166 
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 IV. REGIONALIZATION 
11. In accordance with its communication G/SPS/GEN/ 388, dated 1 May 2003 , Mexico considers 
it necessary to continue the discussion on how to ach ieve more effective implementation of the 
provisions contained in Article 6 of the SPS Agreemen t.  This must be done without prejudice to the 
activities of the relevant international organizations  or to the progress made by each one of them to 
that effect.  Mexico therefore believes that the re view of the SPS Agreement should give rise to the 
recommendation for a Committee Decision on regionali zation, similar to the Decision regarding the 
application of Article 4 of the Agreem ent (on the subject of equivalence). 
V. TRANSPARENCY 
12. In Mexico's opinion, the second review of the SPS Agreement provides a unique opportunity 
to discuss extensively, within the Committee, the measures or mechanisms aimed at ensuring the 
Members' strict fulfilment of transparency oblig ations, and, where appropriate, to improve the 
relevant notification procedures.  Mexico therefor e wishes to continue the discussion on some of the 
problems identified in document G/SPS/W/136 of 4 September 2003, and partic ularly those referred 
to in paragraphs 4 and 5 of the document.  Independently of the a bove, Mexico believes it is necessary 
for the Committee to agree on recommendations to ma ke the implementation of  paragraph 5(a) of 
Annex B to the SPS Agreement more effective. 
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