WORLD TRADE
ORGANIZATIONG/SPS/GEN/132
21 July 1999
(99-3025)
Committee on Sanitary and Phytosanitary Measures Original:  English
IMPLEMENTATION OF THE SPS AGREEMENT – TRADE CONCERNS
Submission by the European Communities at the meeting of 7-8 July 1999
1. The SPS Agreement's principle role is in providing a framework of provisions that guarantee
transparency, non-discrimination and proportionality in the selection and enforcement of relevantsanitary and phytosanitary measures.  The SPS Agreement establishes uniform multilateral
requirements and procedures which should protect WTO Members from the threat of unilateral action
and from the application of disguised restrictions to trade.  SPS measures should serve their intended
purpose of protecting public, animal and plant health.
2. One of the most important requirements is that SPS measures be based on scientific principles
and that they are not maintained without sufficient scientific evidence.  Risk assessment as
appropriate to the circumstances is required.
3. The SPS Agreement emphasizes the need for transparency not only of SPS measures but of
the whole regulatory process.  The importance all WTO Members attach to transparency is reflected
in the specific provisions contained in the SPS Agreement itself.  Member's views were clearlyexpressed under the process that led to the review of the SPS Agreement, concluded at the
March 1999 meeting, where steps to address the issue were suggested and the need for greater
communication and exchange of information was emphasized.
4. Since the inception of the SPS Agreement, the European Communities has demonstrated its
willingness in cooperating with other Members where requested.  In doing so, it has fully responded
to its obligations under Annex B of the SPS Agreement, as well as with the provisions of Article 5.8.
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5. The European Communities has up to now submitted a number of documents in the
framework of the SPS Committee meetings to draw the Committee's attention to notifications which
directly or indirectly affect our exports and which in our view constitute an obstacle to trade
(Notifications received ).
6. The European Communities has also raised in the SPS Committee measures which
significantly affect trade in specific commodities, but which have not been notified under the SPSAgreement ( Trade concerns ).
7. The European Communities wishes to draw the attention of the Committee to the most
relevant trade issues and SPS notifications which have recently been the object of communications or
of comments and are still pending.
                                                     
1 "When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or
maintained by another Member is constraining, or has th e potential to constrain, its exports and the measure is
not based on the relevant international standards, guidel ines or recommendations, or such standards, guidelines
or recommendations do not exist, an explanation of the reasons for such sanitary an phytosanitary measure may
be requested and shall be provided (emphasis added) by the Member maintaining the measure."G/SPS/GEN/132
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8. We strongly believe that all Members should cooperate in promoting and enforcing the efforts
of their trading partners to implement the SPS Agreement's provisions and the European Communities
must emphasize the need for Members to comply fu lly with their obligations as set out in Annex B
and Article 5.8 of the SPS Agreement.G/SPS/GEN/132
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Annex
TRADE CONCERNS
Subject N° SPS Notification/
Date of IssueN° EC document/
Date of SubmissionFollow-up
Specific notification received
Issued raised in the SPS Committee framework
Ban on the importationof ruminants and
derived products – BSEG/SPS/N/USA/106 and
106/Rev.1
23 January 1998G/SPS/GEN/66
12 March 1998No answer to the EC
SPS Enquiry Point
(ECEP)
Restriction on theimportation of poultrymeat – IBDG/SPS/N/AUS/72 G/SPS/GEN/96
15 September 1998Answers given to the
ECEP – Underevaluation
List of quarantine pestsnot submitted to
quarantine measuresG/SPS/N/JPN/37
23 July 1998G/SPS/GEN/102
11 November 1998No answer to the ECEP
Restriction  on the
importation of bovine
and bovine products –
BSEG/SPS/N/ISR/2
19 August 1998G/SPS/GEN/104
11 November 1998Answers given to the
EC Services – Under
evaluation
Ban on the import of
bovine products from
certain countries (hidesand skins) - BSEG/SPS/N/POL/6
29 May 1998Bilateral
15 September 1998
10 March 1999No answer to the ECEP
Ban on the import of
bovine products from
certain countries (meat)
– BSEG/SPS/N/POL/9
5 August 1998Bilateral
15 September 1998
10 March 1999No answer to the ECEP
Restriction on the
importation of milk and
milk products –
microbiologicalcontaminationG/SPS/N/POL/14
05 August 1998Presentation
11 November 1999
2No answer to the ECEP
Restriction on theimportation of bovine
semen - BSE
3G/SPS/N/ARG/38
29 January 1999G/SPS/GEN/114
10 March 1999No answer to the ECEP
                                                     
2 Under Agenda item "Other business".
3 Also under "EC comments sent after the March SPS Committee meeting".G/SPS/GEN/132
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Subject N° SPS Notification/
Date of IssueN EC document/
Date of SubmissionFollow-up
Other trade issues
Roquefort cheese –
export to Australia –
restrictionsG/SPS/GEN/103
11 November 19984No answer to the ECEP
Horses – export to
India – restrictionG/SPS/GEN/112
10 March 1999No answer to the ECEP
Bovine semen- export
to India – restrictionG/SPS/GEN/113
10 March 1999No answer to the ECEP
Specific EC comments5
Poultry meat – water
contents,
decontamination,
labellingG/SPS/N/USA/136
30 September 199829 January 1999 No answer to the ECEP
Fish products –
histamine contents,labelling, definitionsG/SPS/N/AUS/77
ANZFA5 October 199816 December 1999 No answer to the ECEP
Fish products –
histamine contents,
labelling, definitionsG/SPS/N/NZL/22
ANZFA
4 November 199816 December 1999 No answer to the ECEP
Pig-meat – PRRS G/SPS/N/AUS/47
29 July 199726 September 1997 No answer to the ECEP
EC comments sent after the March SPS Committee meeting6
Restriction on the
import of bovine semenG/SPS/N/ARG/38
29 January 19998 April 1999 No answer to the ECEP
Restriction on the
import of bovine semenG/SPS/N/CHL/31
8 January 199910 June 1999 No answer to the ECEP
Temporary importation
of horsesG/SPS/N/AUS/87 7 June 1999 No answer to the ECEP
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4 Concerns reiterated during SPS Committee meeting of 10 March 1999.
5 Directly sent to the National SPS Enquiry Point.
6 Directly sent to the National SPS Enquiry Point.