RESTRICTEDWORLD TRADE
ORGANIZATIONG/SPS/W/115
22 February 2002
(02-0891)
Committee on Sanitary and Phytosanitary Measures
PROGRAMME TO FURTHER THE IMPLEMENTATION
OF ARTICLE 4 OF THE SPS AGREEMENT
Proposal by the Chairman
At its meeting of 31 October-1 November 2001, the Committee discussed the issue of
equivalence, its recent decision on the implementation of Article 4 and the need to develop a
programme for further work (G/SPS/R/25, paragraphs 57-60).  In the course of this discussion, someMembers suggested that what constituted "historic trade" and an "accelerated procedure" in the
context of paragraph 5 of the Decision on Equivalence should be clarified.  Others suggested a need
also for the clarification of paragraph 6 regarding the term "on-going imports" and the matter of
emergency situations.
The Chairman encouraged Members to identify the issues they would like to see considered
in the work programme and to provide background papers or proposals by 31 December 2001.  The
Chairman agreed to put together a proposal for a future work programme on the basis of these
submissions, to be submitted to Members in advance of the next meeting of the Committee.
No further suggestions or submissions relating to the work programme were provided by
Members.  In view of the mandate from the Ministerial Conference that the Committee "developexpeditiously" its further work programme, the Chairman is circulating the attached proposal on his
own initiative for consideration by the Committee.G/SPS/W/115
Page 2
Introduction
1. At its special meeting of 24 October 2001, the Committee on Sanitary and Phytosanitary
Measures adopted the Decision on Equivalence (G/SPS/19).  Paragraph 13 of the Decision stipulates
that the Committee shall develop a specific programme to further the implementation of Article 4 ofthe SPS Agreement, with particular consideration of the problems encountered by developing country
Members.  The Fourth Ministerial Conference took note of the Decision on Equivalence and
instructed " … the Committee to develop expeditiously the specific programme to further the
implementation of Article 4" of the SPS Agreement.
1
2. This document suggests a specific programme for further work by the Committee in its
meetings for 2002 and 2003.   Input would be solicited from Members, the Secretariat and the relevant
international organizations in advance of each meeting, for consideration of the specific issue by theCommittee at informal and formal meetings.  This programme is developed on the assumption that the
Committee would continue to hold three regular meetings each year, as tentatively scheduled.
3. This proposed work programme focuses primarily on those issues which some Members have
already identified as needing further clarification or action.  However, Members could request further
action on other elements of the Decision on Equivalen ce at any time.  The proposal also foresees a
review of the Decision on Equivalence within 24 months.
Actions already taken
4. The attention of the Committee is drawn first to those actions which have already been taken
subsequent to the adoption of the Decision.  Paragraph 12 of the Decision indicates that Members
should regularly provide information on their experience regarding the implementation of Article 4 tothe Committee, and in particular provide informa tion on the successful conclusion of any bilateral
equivalence agreements or arrangements.  At its meeting of 30 October–1 November 2001, the
Committee agreed to establish a standing agenda item for this purpose.  This is reflected in the
proposed agenda for the meeting of 20-21 March 2002 (WTO/AIR/1706).
5. Paragraph 10 of the Decision indicates that the Committee shall encourage the Codex
Alimentarius Commission (Codex), the Office International des Epizooties (OIE) and the Interim
Commission on Phytosanitary Measures (ICPM) to develop appropriate guidelines and to keep the
Committee regularly informed regarding their activiti es relating to equivalence.  I have written to
these three organizations to draw their attention to this aspect of the Decision, and requested that they
report regularly to the Committee.  Copies of this correspondence are attached in the Annex.  The
proposed agenda item on Equivalence includes a sub-item regarding information from these
organizations.
6. According to paragraph 11 of the Decision, the Committee shall revise its recommended
notification procedures to provide for the notification of the conclusion of agreements which
recognize equivalence.  The Secretariat has circulated separately a proposed format for the
notification of such agreements for consideration by the Committee at its meeting in March 2002.
2
                                                     
1 WT/MIN(01)/17, paragraph 3.3.
2 G/SPS/W/114.G/SPS/W/115
Page 3
Proposed programme for further work
Informal and regular meetings of 18-21 March 2002
• Information from Members on their experiences regarding implementation of Article 4.
Information submitted by Members should take into account the various elementscontained in the Decision and particularly:  (i) any successfully concluded bilateral
equivalence agreements or arrangements;  (ii)  technical assistance activities related to theimplementation of Article 4;  and (iii)  assistance provided to developing countries to
facilitate their participation in the work of the standard-setting bodies.
• Consideration of information from the Codex, OIE and ICPM regarding their work on the
issue of equivalence.
• Consideration and adoption of a format for the notification of agreements recognizing
equivalence.
• In the course of its review of the transparency provisions, consideration of specific text
drawing attention to the responsibility of national Enquiry Points to provide information.
• Further examination and discussion of the proposals submitted by Argentina regarding
clarification of paragraph 5 of the Decision with respect to accelerated procedures fordetermining equivalence in respect of products historically imported from the exporting
Member.
3
• Preliminary discussion of paragraph 6, including with regard to the relationship between
current imports and potential compliance problems.
Informal and regular meetings of 17-20 June 2002
• Information from Members on their experiences regarding implementation of Article 4.
• Consideration of information from the Codex, OIE and ICPM regarding their work on the
issue of equivalence.
• Consideration of any notifications received regarding agreements recognizing
equivalence.
• Information from Members (and from the relevant observer organizations) regarding
usual procedures for the determination of equivalence with respect to products which
have not been previously imported from the interested exporting country.
• Examination of procedures to identify which steps might be accelerated, minimized or
eliminated altogether with respect to produ cts which have previously been imported from
the exporting country, on the basis of categorization of historic or previous trade patterns
(eg., whether previous trade has been sporadic  or virtually continuous;  whether previous
trade has fully complied with the importing country's SPS requirements or problems have
been identified);  and the nature of the health risks posed by the imported product and
their potential severity.
• Suggestions by Members for clarification of the provisions of paragraph 6, including with
regard to the relationship between current imports and potential compliance problems.
Informal and formal meetings of 21-24 October 2002
• Information from Members on their experiences regarding implementation of Article 4.
• Consideration of information from the Codex, OIE and ICPM regarding their work on the
issue of equivalence.
• Consideration of any notifications received regarding agreements recognizing
equivalence.
                                                     
3 G/SPS/W/116.G/SPS/W/115
Page 4
• Consideration of draft guidance for accelerated procedures for the recognition of
equivalence of products historically traded, on the basis of categorization of trade patternsand risks.
• Consideration of a draft text clarifying the provisions of paragraph 6, including with
regard to the relationship between current imports and potential compliance problems.
• Consideration and adoption of the report to the Trade Negotiating Committee regarding
progress on the implementation of Article 4, as stipulated in paragraph 12 of
WT/MIN(01)/DEC/1.
First informal and formal meetings of 2003
• Information from Members on their experiences regarding implementation of Article 4.
• Consideration of information from the Codex, OIE and ICPM regarding their work on the
issue of equivalence.
• Consideration of any notifications received regarding agreements recognizing
equivalence.
• Consideration and, if possible, adoption of guidance for accelerated procedures for the
recognition of equivalence of products historically traded.
• Consideration and, if possible, adoption of text clarifying the provisions of paragraph 6.
Second informal and formal meetings of 2003
• Information from Members on their experiences regarding implementation of Article 4.
• Consideration of information from the Codex, OIE and ICPM regarding their
consideration of the issue of equivalence.
• Consideration of any notifications received regarding agreements recognizing
equivalence.
• Commence review of the Decision on Equivalence in light of the experience of Members
and work undertaken in the Codex, OIE and ICPM.G/SPS/W/115
Page 5
ANNEX
Dr. Thomas Billy
Chairperson
Codex Alimentarius CommissionFood Policy and Nutrition DivisionFood and Agriculture OrganizationViale delle Terme di Caracalla
00100 Rome
Dear Dr. Billy,
On 24 October 2001, the Committee on Sanitary and Phytosanitary Measures adopted a
Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary and
Phytosanitary Measures (G/SPS/19, attached).  Article 4 requires WTO Members to accept thesanitary or phytosanitary measures of other Members as equivalent if these can be demonstrated toachieve the importing country's appropriate level of sanitary or phytosanitary protection.
The SPS Committee's Decision addresses the difficulties which many Members, and in
particular developing country Members, have experienced in ensuring the implementation of this
provision.
You will note that the SPS Committee recognizes the ongoing work of the Codex Alimentarius
Commission on the issue of equivalence, and encourages WTO Members to actively participate in
this work (paragraph 9).
In addition, the SPS Committee recognizes the urgency for the development of guidance on
the judgement of equivalence, and through this letter formally encourages the Codex AlimentariusCommission to complete its work with regard to equivalence as expeditiously as possible(paragraph 10).
Furthermore, I invite the Codex Alimentarius Commission to continue to keep the SPS
Committee regularly informed regarding its activities relating to equivalence.  I would hope that suchinformation could be provided both in writing and orally by the observer representative of the CodexAlimentarius Commission to the regular and informal meetings of the SPS Committee.  The nextinformal meeting of the SPS Committee on the issue of equivalence is tentatively scheduled for
19 March 2002, to be followed by the regular meeting on 20-21 March 2002.
I wish to express my appreciation for the valuable information and assistance which the
Codex Alimentarius Commission and the observer representatives of the Codex have alreadyprovided to the SPS Committee in its consideration of equivalence.
I would appreciate your bringing this communication and the SPS Committee's Decision to
the attention of members of the Codex Alimentarius Commission.
I would like to take this opportunity to assure you of my highest consideration.
Sincerely yours,
William Ehlers
Chairman of the Committee on Sanitary
and Phytosanitary Measures.....G/SPS/W/115
Page 6
Dr. Alex Thiermann
Chairperson
International Committee OIE
Office international des EpizootiesRue de Prony 1275017 Paris
Dear Dr. Thiermann,
On 24 October 2001, the Committee on Sanitary and Phytosanitary Measures adopted a
Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary andPhytosanitary Measures (G/SPS/19, attached).  Article 4 requires WTO Members to accept the
sanitary or phytosanitary measures of other Members as equivalent if these can be demonstrated to
achieve the importing country's appropriate level of sanitary or phytosanitary protection.
The SPS Committee's Decision addresses the difficulties which many Members, and in
particular developing country Members, have experienced in ensuring the implementation of thisprovision.
You will note that the SPS Committee encourages WTO Members to actively participate in
any work on the issue of equivalence which may be undertaken by the Office International desEpizooties (paragraph 9).
In addition, through this letter the SPS Committee formally encourages the Office
International des Epizooties to elaborate guidelines, as appropriate, on equivalence of sanitarymeasures and equivalence agreements in the animal health area (paragraph 10).
Furthermore, I invite the Office International des Epizooties to keep the SPS Committee
regularly informed regarding its activities relating to equivalence.  I would hope that such information
could be provided both in writing and orally by the observer representative of the OIE to the regular
and informal meetings of the SPS Committee.  The next informal meeting of the SPS Committee onthe issue of equivalence is tentatively scheduled for 19 March 2002, to be followed by the regularmeeting on 20-21 March 2002.
I wish to express my appreciation for the valuable information and assistance which the Office
International des Epizooties and the observer representatives of the OIE have already provided to the
SPS Committee.
I would appreciate your bringing this communication and the SPS Committee's Decision to
the attention of members of the Office International des Epizooties.
I would like to take this opportunity to assure you of my highest consideration.
Sincerely yours,
William Ehlers
Chairman of the Committee on Sanitary
and Phytosanitary Measures.....G/SPS/W/115
Page 7
Dr. Felipe Canale
Chairperson
nterim Commission on Phytosanitary 
  MeasuresPlant Production and Protection DivisionViale delle Terme di Caracalla00100 Rome
Dear Dr. Canale,
On 24 October 2001, the Committee on Sanitary and Phytosanitary Measures adopted a
Decision on the Implementation of Article 4 of the Agreement on the Application of Sanitary and
Phytosanitary Measures (G/SPS/19, attached).  Article 4 requires WTO Members to accept the
sanitary or phytosanitary measures of other Members as equivalent if these can be demonstrated toachieve the importing country's appropriate level of sanitary or phytosanitary protection.
The SPS Committee's Decision addresses the difficulties which many Members, and in
particular developing country Members, have experienced in ensuring the implementation of this
provision.
You will note that the SPS Committee encourages WTO Members to actively participate in
any work on the issue of equivalence which may be undertaken in the framework of the InternationalPlant Protection Convention (paragraph 9).
In addition, through this letter the SPS Committee formally encourages the Interim
Commission on Phytosanitary Measures to elaborate guidelines, as appropriate, on equivalence ofphytosanitary measures and equivalence agreements in the plant protection area (paragraph 10).
Furthermore, I invite the Interim Commission on Phytosanitary Measures to keep the SPS
Committee regularly informed regarding its activities relating to equivalence.  I would hope that such
information could be provided both in writing and orally by the observer representative of the IPPC tothe regular and informal meetings of the SPS Committee.  The next informal meeting of the SPSCommittee on the issue of equivalence is tentatively scheduled for 19 March 2002, to be followed bythe regular meeting on 20-21 March 2002.
I wish to express my appreciation for the valuable information and assistance which the IPPC
and its observer representatives have already provided to the SPS Committee.
I would appreciate your bringing this communication and the SPS Committee's Decision to
the attention of members of the International Plant Protection Convention.
I would like to take this opportunity to assure you of my highest consideration.
Sincerely yours,
William Ehlers
Chairman of the Committee on Sanitary
and Phytosanitary Measures
__________.....