 
. /.  WORLD TRADE  
ORGANIZATION  G/SPS/W/145 
16 March 2004 
 (04-1162) 
 Original:   English 
  
 
DECISION ON THE IMPLEMENTATION OF ARTICLE 6 OF THE 
AGREEMENT ON THE APPLICATION OF SANITARY AND 
PHYTOSANITARY MEASURES 
 
Proposal by Canada
 
 
  The following communication, dated 16 March 2004, is being circulated at the request of the Delegation of Canada.  
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  The Committee on Sanitary and Phytosanitary Measures, 
 Reaffirming  the right and obligation of Members to establish sanitary and phytosanitary 
measures necessary to ensure the protection of huma n, animal and plant life or health and the 
protection of their territory from other damage caused by the entry, establishmen t or spread of pests, 
in accordance with the Agreement on the Application of Sanitary and Phytosanitary Measures  (the 
SPS Agreement); 
Recalling  that Article 6 of the SPS Agreement (Adaptation to Regional Conditions) 
encourages Members to ensure that sanitary or phy tosanitary measures are adapted to the sanitary or 
phytosanitary conditions of the area from which the product originated and to which it is destined; 
 Taking into account  that sanitary and phytosanitary measures should only be applied to the 
extent necessary to protect human, animal, or plant life or health;  
 Recalling  that harmonization with international standards is a key provision of the SPS 
Agreement; 
 Recalling that Article 12 of the SPS Agreement enco urages the Committee to maintain close 
contact with the relevant interna tional organizations in order to ensure that unnecessary duplication of 
effort is avoided; 
 Noting  that the Codex Alimentarius Commission,  the World Animal Health Organization 
(OIE), and the International Plant Protection Conv ention are recognized as the international standard-
setting bodies for sanitary and phytosanitary measures in the SPS Agreement; 
 Recognizing  that regionalization is an increasingly important issue to trade amongst all 
countries, regardless of size or level of development; 
 Recognizing  that regionalization can be applied betw een all Members, irrespective of their 
size or level of development; G/SPS/W/145 
Page 2  
 
  
 Reminds Members that: 
 
1. Sanitary or phytosanitary measures must take  into account regional differences in animal 
health status or pest prevalence. 
2. Adaptation of measures to regional conditions can be applied to smaller ecosystems, part of a 
country, all of a country, or all or parts of several countries. 
3. In the context of facilitating the implementati on of Article 6, where the exporting Member 
claims that there are regional conditions within its territory, the importing Member shall consider 
applying the concept of regionalization. 
4. To facilitate the importing Member’s decisi on, an exporting Member claiming regional 
conditions within its territory shall provide the a ppropriate scientific and technical documentation to 
the importing Member. 
5. Consistent with the recommendations, guidelines,  and standards developed by the relevant 
international authorities, in particular the Wo rld Animal Health Organization (OIE) and the 
International Plant Protection Convention (IPPC), the importing Member shall take into consideration,  
inter alia , relevant risk analyses, risk management  processes, systems in place to establish and 
maintain sanitary and phytosanitary measures, and surveillance and monitoring programmes.  
6. A Member shall give full consideration to a request by another Member, especially a 
developing country Member, for appr opriate technical assistance, in acco rdance with Article 9 of the 
SPS Agreement (Technical Assistance), to f acilitate the implementation of Article 6. 
7. Consistent with their general transparency  obligations, Members should inform other 
Members about any new or changed m easures related to regional conditions. 
Decides as follows: 
8. The Committee on Sanitary and Phytosanita ry Measures (SPS Committee) recognizes the 
need for guidelines on the determination of pest- or disease-free areas and areas of low pest or disease 
prevalence, and shall urge the OIE and the Interim Commission on Phytosanitary Measures to 
continue, as appropriate, to draw up guidelines on animal and plant health respectively.  These 
organizations and, as appropriate, the Codex Alimentarius Commission, shall be invited to keep the 
SPS Committee regularly informed regarding their ac tivities relating to the concept of adaptation to 
regional conditions or zoning. 
9. Members shall periodically provide the SPS Co mmittee with information on their experience 
regarding the implementation of Ar ticle 6 of the SPS Agreement, w ith a view to developing best 
practices.  In particular, Members are encouraged  to notify the SPS Committe e of any measures that 
are applied on a regionalized basis, and shoul d periodically provide the SPS Committee with 
information on their experience of developing, appl ying, and implementing measures that are adapted 
to regional conditions. 
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