   
  
G/SPS/70  
 
21 November 2023 
(23-7825) Page: 1/6 
Committee on Sanitary and Phytosanitary Measures    
 
  
SANITARY AND PHYTOSANITARY DECLARATION FOR  
THE TWELFTH WTO MINISTERIAL CONFERENCE:  
RESPONDING  TO MODERN SPS CHALLENGES  
FACTUAL SUMMARY OF THE WORK PROGRAMME  
Note by the Secretariat  
1  CONTEXT  
1.1.  In February 2020, Brazil, Canada and the United States submitted, for Members' consideration, 
a draft proposal for a Ministerial Declaration: Responding to Modern SPS Challenges.1 The text 
underlined that, on the 25th anniversary of the SPS Agreement , the SPS Agreement  and its 
provisions were st ill as relevant and applicable as in 1995, and continued to safeguard the right for 
Members to take measures necessary for the protection of human, animal or plant life or health. 
The proposal stated that the celebration of the Twelfth WTO Ministerial Conf erence (MC12 ) was an 
opportune point to reflect on the successes achieved since the adoption of the Agreement, and to 
recognize the challenges ahead resulting from emerging pressures that might significantly impact 
international trade in food, animals and plants.  
1.2.  The proposal was discussed at every meeting of the SPS Committee  from March 2020 until 
March 2022, gaining support from a growing number of Members. The final version of the text was 
adopted at MC12 on 17 June 2022 and is contained in document WT/MIN (22)/27. 
1.3.  Through the Declaration, the Ministerial Conference instructed the SPS Committee  to further 
enhance the implementation of the SPS Agreement  in an effort to better manage issues related to 
international trade in food, animals and plants by undertaking a work programme, open to all 
Members and Observers, consisting of new efforts to identify: (1) challenges in the implementation 
of the SPS Agreement  and the mechanisms available to address them; and (2) the impacts of 
emerging challe nges on the application of the SPS Agreement . Recognizing the instrumental role of 
the SPS Committee  in advancing the implementation of the Agreement, and without relaunching the 
negotiation of new obligations, nor re -opening or amending the SPS Agreement , the Declaration 
instructed the Committee to explore, through the Work Programme, how the implementation and 
application of the SPS Agreement  could support different themes agreed on by Members. 
The outcomes of this Work Programme and key findings and acti ons undertaken would be reported 
to the Thirteenth Ministerial Conference (MC13 ) with recommendations, as appropriate.  
2  PROPOSED PROCESS FOR THE MC12 SPS DECLARATION WORK PROGRAMME  
2.1  Timeline  
2.1.  Following the adoption of the Declaration, initial discussions on h ow to move forward with the 
Work Programme were held at the informal SPS Committee  meeting held in June 2022.2 An initial 
timeline for the second half of 2022 was circulated for Members' consideration.3 Taking into account 
Members' comments, a revised timeline for the remainder of 20224 was subsequently circulated, 
with an invitation for Members to provide comments and to submit suggestions for the organization 
of the Work Programme until MC13. Taking into account Members' comments and suggestions, 
 
1 The initial proposal is contained in document G/SPS/GEN/1758 . 
2 A summary of the discussions held in the informal June 2022 meeting is available in Section 2 of 
Annex C to the summary report of the June 2022 meeting (G/SPS/R/107 ). 
3 RD/SPS/210 . 
4 G/SPS/W/329 . G/SPS/70  
 
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  a proposed process for the Work Program me until MC13 was then circulated.5 A Member 
subsequently submitted comments on the proposed process.6 Taking into account Members' 
comments provided in writing and during the November 2022 informal Committee meeting, a revised 
version of the process was  subsequently proposed. The process was adopted at the November 2022 
Committee meeting and was circulated as G/SPS/W/330/Rev.1 . 
2.2  Establishment of Thematic Groups  
2.2.  Paragraph 8 of the Declaration identified several themes for discussion:  
− How to faci litate global food security and more sustainable food systems, including through 
sustainable growth and innovation in agricultural production and international trade, and 
through the use of international standards, guidelines, and recommendations developed  by 
the Codex Alimentarius Commission, the World Organisation for Animal Health and the 
International Plant Protection Convention as the basis of harmonized SPS measures to 
protect human, animal or plant life or health ; 
− How to support basing SPS measures o n scientific evidence and principles, including where 
international standards, guidelines, or recommendations do not exist or are not appropriate; 
and how to promote the use by Members of principles employed by the international 
standard setting bodies for  considering scientific uncertainty in risk analysis ; 
− How to enhance the safe international trade in food, animals and plants and products thereof 
through the adaptation of SPS measures to regional conditions, including pest - or disease -
free areas and area s of low pest or disease prevalence which can strengthen Members' ability 
to protect plant and animal life or health through efforts to limit the spread of pests such as 
the Mediterranean fruit fly, diseases such as African swine fever, disease -carrying 
organisms, or disease -causing organisms ; 
− How to encourage cooperation with observer organizations that support the work of the 
SPS Committee  and the international standard setting bodies through technical exchanges 
and assistance in the context of this work programme ; 
− How to increase participation of and support for the special needs of developing and least 
developed country Members in the development and application of SPS measures; and in 
particular, to increase awareness of and sensitivity to the impacts o f SPS measures on the 
export possibilities of such Members ; 
− Other topics as identified over the course of the work programme or as a result of emerging 
sanitary or phytosanitary challenges or risks worldwide.  
2.3.  At the June 2022 SPS Committee  meeting, Members  decided to organize Thematic Groups to 
discuss each of the five themes specifically identified in the Declaration.7 The work of the Groups 
would be facilitated by stewards. Throughout the process, the Committee would receive oral and 
written reports to e nsure that all delegations were informed of discussions going on in each of the 
Thematic Groups. For that purpose, the Committee would regularly hold intersessional consultations, 
chaired by the Chairperson of the SPS Committee , in between regular Committe e meetings.  
2.4.  Several Members expressed interest in acting as stewards for the Thematic Groups. 
The following stewards were assigned, in consultation with the Chairperson and taking Members' 
views into account, to facilitate discussions in each of the Groups : 
− Group 1:  Jônathas José Silva da Silveira (Brazil ) and Knut Berdal (Norway ) 
− Group 2:  Boitshoko Ntshabele (South Africa ) 
− Group 3:  Ambassador Sofía Boza (Chile) (replaced by Miguel Donatelli, Argentina, from  
 March 2023 ) 
− Group 4:  Geoff Richards (United King dom) 
− Group 5:  Joanna Grainger (Australia ) and María Cecilia Gutiérrez (Ecuador ). 
 
5 G/SPS/W/330 . 
6 The Member's comments were circulated as G/SPS/W/331 . 
7 A summary of the discussions held in the informal June 2022 meeting is available in Section 2 of 
Annex C to the summary report of the June 2022 meeting (G/SPS/R/107 ). G/SPS/70  
 
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  2.3  Communication channels  
2.5.  Throughout the process, the Secretariat shared all relevant information through the informal 
SPS delegates email list. Additionally, the stewards of the Groups requested Members to designate 
focal points through whom more targeted Group communications on the specific work of the Groups 
would be shared. The Secretariat and the co -stewards worked in close coordination to ensure the 
proper cir culation of information.  
2.6.  A dedicated webpage8 "SPS Declaration at MC12" was created to keep track of all the 
information relative to the  Work Programme. Meeting calendars, draft agendas for meetings, inputs 
submitted by Members, and presentations and reports delivered during the process were regularly 
updated for Members only in a restricted part of the webpage. All documents related to th e MC12 
SPS Declaration are tagged with the keyword MC12 Work Programme and can be retrieved through 
the ePing SPS&TBT Platform . 
3  IMPLEMENTATION OF THE WORK PROGRAMME  
3.1.  The first meeting of each Thematic Group was convened by the Secretariat and took place via 
Zoom, in English only, during the weeks of 19 and 26 September 2022. The first intersessional 
consultations, held on 4 October 2022, provided an opportunity for all SPS delegates to be informed 
of the ongoing discussions and to clarify any remaining queries on the proposed process. 
Some  stewards convened additional meetings of their Groups in October and November 2022, prior 
to the November 2022 Committee meeting.  
3.2.  Members requested th at all subsequent meetings be held in hybrid mode, with interpretation, 
in order to increase participation and to facilitate preparations ahead of the meetings. Members also 
decided to allocate time to the implementation of the Work Programme around the re gular 
SPS Committee  meetings. The proposed process foresaw Group meetings and intersessional 
consultations in between the formal Committee meetings. In the November 2022 Committee 
meeting, Members agreed to cluster intersessional meetings of all Thematic G roups within the same 
week in between Committee meetings to streamline the process and to facilitate delegates' 
preparations.9 As such, additional clusters of meetings, followed by intersessional SPS Committee  
consultations, were scheduled in February and  May 2023. All meetings were convened by the 
Secretariat in hybrid format, both in person at WTO and through Zoom.  
3.3.  Similarly, Members agreed to harmonize deadlines for the submission of written inputs, that 
would feed the discussions in the Groups. As requ ested by Members, all the inputs were compiled 
and systematically posted on the dedicated webpage  in the three official languages.10 Discussions in 
all Groups were based on written and oral inputs provided by Members throughout the process.  
3.4.  It was also agreed that the stewards would circulate an agenda for each meeting of the 
Thematic Groups. This agenda would be based on previous discussi ons as well as on the inputs 
submitted by Members. The Secretariat compiled all agendas for Thematic Group meetings and 
circulated them through the SPS delegates email list, and also made them available on the dedicated 
webpage . 
3.5.  The proposed process foresaw the submission by stewards of proposals/summaries of the work 
in Thematic Groups by 1 March 2023.11 These proposals/summaries were bas ed on discussions held 
within the Groups, and were further discussed in the informal March meeting.12 Additionally, and 
according to the proposed process, after the meetings held in May 2023 the stewards submitted 
 
8 https://www.wto.org/english/tratop_e/sps_e/sps_declaration_mc12_e.htm . 
9 See paragraphs 2 and 15  of the report by the Chairperson on the informal November 2022 Committee 
meeting, contained in Annex B to the summary report of the November 2022 meeting (G/SPS/R/108 ). 
10 A summary of the discussions held in the informal November 2022 meeting is available  in Section 1 of 
Annex B to the summary report of the November 2022 meeting (G/SPS/R/108 ). 
11 The proposals/summaries are contained in documents G/SPS/W/332  (Group 1 ), G/SPS/W/333  
(Group  2), G/SPS/W/336  (Group 3 ), G/SPS/W/334  (Group 4 ) and G/SPS/W/335  (Group 5 ). 
12 A summary of the discussions held in the informal March 2023 meeting is available in Section 1 of 
Annex A to the summary report of the March 2023 meeting (G/SPS/R/109 ). G/SPS/70  
 
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  additional summaries of the discussions he ld in their Groups.13 These inputs were used as a basis 
for the preparation of the present report.  
4  WORK OF THE THEMATIC GROUPS  
4.1  Group 1: How to facilitate global food security and more sustainable food systems, 
including through sustainable growth and innovation in agricultural production and 
international trade, and through the use of international standards, guidelines, and 
recommendations developed by the Codex Alimentarius Commission, the World 
Organisation for Animal Health and the International Pl ant Protection Convention as the 
basis of harmonized SPS measures to protect human, animal or plant life or health  
4.1.  Group 1 held meetings on 20 September and 9 November 2022, and on 8 February, 20 March 
and 8 May 2023. The topics covered in Members' inputs included the scope of Group 1, challenges 
in the implementation of the SPS Agreement  relevant to food security and sustainable food systems, 
and the impacts of emerging challenges relevant to the SPS Agreement  on food security and 
sustainability of food sy stems, among others.  
4.2.  Group 1 agreed to hear from a variety of stakeholders. First, in March 2023, Group 1 heard 
from producers on their experiences regarding how the implementation of the SPS Agreement  by 
Members may impact trade, food security and the sus tainability of food systems , and affect access 
to innovation in  tools and technologies . A common sentiment emerging from these presentations 
was that there is no "one-size-fits-all" approach to improving the  sustainab ility of food and  
agricultural systems  across WTO Members . Next, in May 2023 the Group heard inputs from 
international organizations and secretariats on the topics under discussion. The  presentations from 
stakeholders were very rich in content and made evident not only the importance of the top ics 
covered in Group 1, but also their complexity and the pertinence of the discussions held in the 
Work Programme in exploring how the implementation and application of the SPS Agreement  can 
support and facilitate global food security and more sustainable  food systems.  
4.3.  In addition, the Secretariat, upon request, prepared a report on relevant activities and 
processes relating to sustainability in different WTO bodies. All the relevant presentations and 
documents were made available on the dedicated webpage .14 
4.2  Group 2: How to support basing SPS measures on scientific evidence and principles, 
including where international standards, guideline s, or recommendations do not exist or 
are not appropriate; and how to promote the use by Members of principles employed by 
the international standard setting bodies for considering scientific uncertainty in risk 
analysis  
4.4.  Group 2 held meetings on 26 Septemb er, 31 October and 9 November 2022, and on 8 February 
and 9 May 2023. The steward initially consolidated inputs in a "live document " containing a number 
of highly summarized points for Members' consideration and a proposal to hold a workshop on the 
topic o n the margins of an SPS Committee  meeting. The Group discussed the need to ensure that 
Members remained within the scope and remit of the second bullet point of paragraph 8 of the 
MC12  SPS Declaration.  
4.5.  Upon request, the Secretariat prepared a report compiling information from previous 
workshops and thematic sessions on scientific evidence, risk, risk assessment, uncertainty and 
appropriate level of protection, including some aspects of transparency.15 The report was presented 
at the February 2023 meet ing of Group 2, and was made available on the dedicated webpage . 
4.6.  Group 2 invited Codex, the IPPC and WOAH, as well as FAO and WHO as Codex's parent bodies, 
to present on their guidance on risk assessment and uncertainty, and also to reflect on how emerging 
challenges in paragraph 6 of the MC12 SPS Declaration impact the  conduct of risk assessments. 
 
13 The summaries are contained in documents G/SPS/W/3 39 (Group 1 ), G/SPS/W/340  (Group 2 ), 
G/SPS/W/341  (Group 3 ), G/SPS/W/342  (Group 4 ) and G/SPS/W/343  (Group 5 ). 
14 More detailed information on the work undertaken by Group 1 is available in the documents prepared 
by the co -stewards on their own respon sibility, circulated as G/SPS/W/332  and G/SPS/W/339 . 
15 See paragraph 9 of the report by the Chairperson on the November 2022 informal Committee 
meeting, contained in Annex B to the summary report of the November 2022 meeting (G/SPS/R/108 ). G/SPS/70  
 
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  These presentations underscored that uncertainty was a constant in risk analysis processes and that 
risk assessors needed to be transparent and document the methodologies followed. Some of the 
presentations highlighted how the  emerging challenges were adding to the complexities in how risk 
assessments were undertaken and provided an update on relevant reference materials and capacity 
building activities. Members also presented case studies on their experiences in dealing with 
uncertainty when conducting risk assessments in a way consistent with their obligations in the 
SPS Agreement , and such that the existence of uncertainty does not lead to  unnecessary barrier s to 
trade .16 During discussions, some Members and producers noted t heir concerns on the issue of 
setting of pesticide MRLs, particularly in the cases where they considered these to be based on 
uncertainty.  Some Members and presenters underlined the importance of the challenges posed by 
the increasing threat from emerging infectious diseases linked with the human -animal -environment 
interface , as recogni zed by the One Health approach.  These presentations were made during the 
meeting Group 2 held in May 2023.17 
4.3  Group 3: How to enhance the safe international trade in food, ani mals and plants and 
products thereof through the adaptation of SPS measures to regional conditions, including 
pest- or disease -free areas and areas of low pest or disease prevalence which can 
strengthen Members' ability to protect plant and animal life or health through efforts to 
limit the spread of pests such as the Mediterranean fruit fly, diseases such as African 
swine fever, disease -carrying organisms, or disease -causing organisms  
4.7.  Group 3 held meetings on 27 September and 7 November 2022, and on 8 Febr uary, 21 March 
and 10 May 2023. Some of the topics included the general background of the regionalization process, 
an examination of possible specific topics of interest, and limitations and obstacles faced by Members 
in properly applying the regionalizati on principle, among others.  
4.8.  At the November 2022 meeting, Group 3 benefitted from a presentation by WOAH on 
adaptation to regional conditions, including relevant guidance and mechanisms for the 
implementation of regionalization for international trade.18 As per Members' request, 
in February  2023 the Secretariat presented an analysis of the relevant provisions of the 
SPS Agreement , the Guidelines to Further the Practical Implementation of Article 6 (G/SPS/48 ), 
trends in notifications and specific trade concerns, a nd relevant recommendations from the Reviews 
of the Operation and Implementation of the SPS Agreement .19 
4.9.  At the March 2023 meeting, the Group also benefitted from a presentation by the IPPC on its 
standards on regionalization and relevant information on th eir uptake and examples of adoption of 
regionalization.20 Finally, at the May 2023 Group meeting, WOAH presented on different forms of 
regionalization, specifically on official recognition and self -declaration, and several Members shared 
their experiences with regionalization, both from an exporter's and an importer's perspective.21 
All the presentations were made available on the dedicated webpage .22 
4.4  Group 4: How to encourage cooperation with observer organizations that support the 
work of the SPS Committee  and the international standard setting bodies through 
technical exchanges and assistance in the context of this work programme  
4.10.   Group 4 held meetings on 28 September and 26 October 2022, and on 8 February, 21 March 
and 9 May 2023. Some of the topics included the sc ope of the theme, questions on the roles and 
expectations of observer organizations at the Committee, and the support that observer 
 
16 See paragraph 12 of the report by the Chairperson on the February 2023 intersessional consultations, 
contained in Annex B to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
17 More detailed information on the work undertaken by Group 2 is availab le in the documents prepared 
by the steward on his own responsibility, circulated as G/SPS/W/333  and G/SPS/W/340 . 
18 See paragraph 10 of the report by the Chairperson on the informal November 2022 Committee 
meeting, contained in Annex B to the summary report  of the November 2022 meeting (G/SPS /R/108 ). 
19 See paragraph 14 of the report by the Chairperson on the February 2023 intersessional consultations, 
contained in Annex B to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
20 See paragraph 5 of the report by the Chairperson on the informal March 2023 Committee meeting, 
contained on the Annex A to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
21 See paragraph 5 of the report by the Chairperson on the May 2023 interse ssional consultations, 
contained in an annex to the summary report of the July 2023 meeting (G/SPS/R/110 ). 
22 More detailed information on the work undertaken by Group 3 is available in the documents prepared 
by the steward on his own responsibility, circula ted as G/SPS/W/336  and G/SPS/W/341 . G/SPS/70  
 
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  organizations might be able to provide developing and least developed country (LDC) Members on 
the application of the SPS Agreement  in the context of the challenges identified in the Declaration, 
among others.  
4.11.   Based on Members' inputs, Group 4 circulated a set of questions to all the observer 
organizations, inviting views on their interactions with the Committee, the work they undertake that 
supports the implementation of the SPS Agreement , and where they considered there may be scope 
for improvements. Thirteen observer organizations, including the three standard setting bodies, 
provided answers that included suggestions on how to improve cooperation.  
4.12.   Group 4 requested the Secretariat to explain the procedures, expectations and a brief history 
of observer organizations at the SPS Committee , and a presentation on past developments on 
observers was delivered in February 2023.23 Finally, Members discussed the possible role of the 
SPS Committee  for enhanced coordination with observers, the possibility of hearing presentations 
from observer organizations and how to maximize the value of the contributions from the ISSBs and 
the observe r organizations in the SPS Committee . All the relevant documents and presentation were 
made available on the dedicated webpage .24 
4.5  Group 5 : How to increase participation of and support for the special needs of 
developing and least developed country Members in the development and application of 
SPS measures; and in particular, to increase awareness of and sensitivity to the impacts 
of SPS mea sures on the export possibilities of such Members  
4.13.   Group 5 held meetings on 29 September and 19 October 2022, and on 9 February, 21 March 
and 10 May 2023. Some of the topics included the implementation challenges experienced by 
developing and LDC Members, p ossible solutions to increase participation, and support for the needs 
of developing and LDC Members in the development and application of SPS measures, among others.  
4.14.   Upon request, the Secretariat presented on the actions undertaken by the Committee 
regard ing Articles 9 and 10 of the SPS Agreement  at the Group meeting in February 202325 and 
again in front of the full membership in the March 2023 Committee meeting.26 The presentation 
highlighted the extensive amount of work done within the Committee on the t opic. 
4.15.   Additionally, Group 5 held two sessions dedicated to SPS capacity building: (1) a workshop 
organized in collaboration with the Standards and Trade Development Facility (STDF ), entitled 
"Facilitating safe trade: what solutions does the STDF offer to s trengthen SPS capacity in developing 
and least developed countries", held in March 202327; and (2) a follow -up to discuss other forms of 
assistance, such as capacity building provided directly between Members and by other organizations, 
held in May 2023.28 All the relevant documents and presentations were made available on the 
dedicated webpage .29 
__________  
 
23 See paragraph 17 of the report by the Chairperson on the February 2023 intersessional consultations, 
contained in Annex B to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
24 More detailed information on the  work undertaken by Group 4 is available in the documents prepared 
by the steward on his own responsibility, circulated as G/SPS/W/334  and G/SPS/W/342 . 
25 See paragraph 20 of the report by the Chairperson on the February 2023 intersessional consultations, 
contained in Annex B to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
26 See paragraph 11 of the report by the Chairperson on the informal Marc h 2023 Committee meeting, 
contained in Annex A to the summary report of the March 2023 meeting (G/SPS/R/109 ). 
27 See paragraph 7 of the report by the Chairperson on the informal March 2023 Committee meeting, 
contained in Annex A to the summary report of the  March 2023 meeting (G/SPS/R/109 ). Information on the 
event is also available at https://standardsfacility.org/thematic -group -5-workshop -mc-12-sps-declaration.  
28 See paragraph 7 of the report by the Chairperson on the May 2023 intersessional consultations, 
contained in an annex to the summary report of the July 2023 meeting (G/SPS/R/110 ). 
29 More detailed information on the work undertaken by Group 5 is available in the documents prepared 
by the co -stewards on their own responsibility, circulated as G/SPS/W/335  and G/SPS/W/343 . 