3.58. In terms of products affected by safeguard initiations, while the subject products varied, metals accounted for laregst sahre of initiations during the review period.
3.59. No Member has notified any safeguard action referring to the COVID-19 pandemic.
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Chart 3.14 Number of SPS notifications, including regular, emergency, revisions and addenda
Source: WTO Secretariat.
Chart 3.15 Regular and emergency SPS notifications (excluding addenda) and international standards
Note: Codex Alimentarius (Codex), World Organisation for Animal Health (WOAH, founded as OIE) and International Plant Protection Convention (IPPC).
Source: WTO Secretariat.
3.66. International standards often provide useful guidance regarding measures to address disease outbreaks and other emergency situations. About 99% (376 out of 381) of emergency notifications (excluding addenda) submitted during the review period indicated that an international standard, guideline, or recommendation was applicable to the notified measure (Chart 3.16). All, but six indicated that the measure was in conformity with the applicable international standard.
1,664
1,094
1,488
961 389
339
444
263
0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2,000 2,200
All Members Developing-country
Members All Members Developing-country
Members
Number of SPS notifications, including regular, emergency, revisions and addenda
Source: WTO Secretariat.
Regular notifications Emergency notifications
Oct. 2020-Sep. 2021 Oct. 2021-Sep. 2022
48%
1%
28%
1%
8%
16% 95%
3%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
None International
standard
None International
standard
Regular notifications Emergency notifications
None Codex WOAH IPPC
Regular and emergency SPS notifications (excluding addenda) and international standards
Note: [see original]
3.67. Of the 998 regular notifications (excluding addenda) submitted during the review period, the majority (70%) were related to food safety.25 The remainder related to plant protection and animal health and, to a lesser extent, the protection of humans from animal diseases or plant pests, and the protection of the Member's territory from other damage from pests. Regular notifications usually contain more than one objective.
3.68. Of the 381 emergency measures (excluding addenda) notified in the same period, the majority (92%) related to animal health, followed by those related to food safety, the protection of humans from animal diseases or plant pests, plant protection, and the protection of the Member's territory from other damage from pests. Emergency notifications may also contain more than one objective.
3.69. The WTO Secretariat prepares annual transparency reports containing detailed information on the implementation of the transparency provisions of the SPS Agreement.26
3.70. While there is no formal provision for "counter notification", concerns regarding the failure to notify an SPS measure, or regarding a notified measure, can be raised as an STC at any of the regular meetings of the SPS Committee each year.
3.71. Although most capital-based delegates were not able to travel to Geneva due to COVID-19 restrictions, the margins of the SPS Committee meetings27 still provided important opportunities for delegations to discuss and resolve concerns bilaterally. For example, during the review period, China withdrew three STCs: 1) concerns regarding EU detection of bitter ginseng alkaloids in honey; 2) Thailand's suspension of imports of live poultry, pigs, and their carcasses and 3) Brazil's frequent adjustments of technical regulations affecting fishery trade, which had been included in the proposed agenda for the March 2022 meeting28, because bilateral progress was made.
3.72. In the SPS Committee meetings of 3-5 November 2021, 23-25 March 2022 and 22-24 June 2022, 23 STCs were raised for the first time (Table 3.12), and 43 previously raised STCs were discussed again, of which 28 previously raised STCs were raised in the three meetings.29 Of these, four addressed persistent problems that have been discussed 15 times or more (Table 3.13). In addition, 12 STCs raised for the first time in the review period were discussed again in March or June 2022.30
Table 3.12 New STCs raised in the SPS Committee meetings November 2021, March, or June 2022 meetings
ID New STCs
526 European Union delays in authorizing imports of Samgyetang (Korean ginseng chicken soup) - raised by the Republic of Korea
527 Delays in Thailand's approval procedures for animal products - raised by the Russian Federation 528 Peru's undue delays in the authorization of dairy product enterprises - raised by Panama 529 Qatar's new import rules for dairy products - raised by European Union
530 Plurinational State of Bolivia's import restrictions on agricultural and livestock products - raised by Peru
531 China's import restrictions on fishery products - raised by Mexico 532 China’s import suspension of fresh fruits - raised by Chinese Taipei
533 European Union restrictions on spice imports and other food products due to European Commission Implementing Regulation (EU) 2021/2246 of 15 December 2021 - raised by India
534 European Union's import tolerances for certain pesticides to achieve environmental outcomes in third countries - raised by Australia
25 The objective of an SPS measure falls under one or more of the following categories: (i) food safety;
(ii) animal health; (iii) plant protection; (iv) protection of humans from animal/plant pests or diseases; and (v) protection of territory from other damage from pests. Members are required to identify the purpose of the measure in their notifications. It is common for more than one objective to be identified for a measure.
26 WTO document G/SPS/GEN/804/Rev.14, 28 February 2022.
27 The November 2021, March and June 2022 meetings were held in person, and Members were also able to participate remotely via a virtual conferencing platform (WTO documents JOB/SPS/17, 15 October 2021, JOB/SPS/19, 4 March 2022, and JOB/SPS/21, 3 June 2022).
28 WTO document JOB/SPS/19, 4 March 2022. See also the summary of the meeting of 23-25 March contained in document G/SPS/R/105.
29 The 28 STCs that were raised in the three meetings are 193, 382, 392, 406, 413, 431, 439, 441, 446, 448, 466, 471, 484, 485, 486, 487, 489, 497, 498, 501, 503, 504, 509, 512, 516, 519, 521 and 524.
30 These were STCs 526, 527, 529, 530, 532, 533, 534, 535, 537, 538, 539 and 542.
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ID New STCs
535 European Union's restrictions on the importation of collagen for human consumption - raised by China
536 European Union's residue limits of ethylene oxide and dichloroethanol - raised by China 537 Indonesia's draft regulation on heavy metals contaminants in processed food - raised by China 538 Chinese Taipei's new procedure for the recognition of infectious animal disease-free status of a
foreign country - raised by the European Union
539 Thailand's sanitary requirements on "wet blue" leather imports - raised by Brazil
540 Russian Federation's SPS notification G/SPS/N/RUS/241 regarding 11 new quarantine pests - raised by India.
541 Russian Federation's phytosanitary certificate requirements for groundnut and sesame seeds - raised by India.
542 United States' undue delays in opening its citrus market - raised by Brazil
543 European Union recognition of Mexico as a country with WOAH negligible BSE risk - raised by Mexico.
544 Peru’s non-application of regionalization for African swine fever - raised by the European Union 545 European Union regulation on animal health/official certificates for animal origin foods - raised by
China.
546 European Union notifications of matrine and oxymatrine in honey - raised by China.
547 Egypt's Customs Circular Decision No. 4060: Radioactivity checks on imported food - raised by the European Union
548 Morocco's import ban on ornamental plants - raised by the European Union Source: WTO Secretariat.
Table 3.13 Previously raised SPS STCs discussed in the November 2021, March or June 2022 meetings, raised 15 times or more31
STC Title of the STC Member(s) responding
Member(s) raising the concern (total number of
Members supporting)
First date raised (times subsequently
raised)
Primary objective
193
General import restrictions due to Bovine
Spongiform Encephalopathy (BSE)
Several Members,
including China European Union,
United States (3 Members) 01/06/2004
(44 times) Animal health
382 European Union
legislation on endocrine
disruptors European Union
Argentina, China, Dominican Republic, Ecuador, Guatemala, India, Panama, Paraguay, United States (39
Members)
25/03/2014
(22 times) Food safety
406
China's import restrictions due to highly
pathogenic avian influenza
China European Union,
United States 16/03/2016
(16 times) Animal health
390
Russian Federation's import restrictions on
processed fishery products from Estonia
and Latvia
Russian Federation European Union 15/07/2015
(14 times) Food safety
Source: WTO Secretariat.
3.73. Of the 23 STCs raised for the first time in the three SPS Committee meetings, 6 (29%) concerned food safety, 4 concerned measures covering animal health, 6 related to plant health and 7 covered other concerns.32 Out of the 43 previously raised STCs, 15 concerned food safety measures, 10 animal health, 4 plant health and 14 covered other types of concerns.
3.74. Discussions among Members in the SPS Committee continue to be multifaceted and dynamic.
While pesticide maximum residue limits (MRLs) continue to be a topic of concern for Members, several STCs related to approval procedures, were also raised in the current review period.
3.75. The WTO Secretariat prepares annual reports containing detailed information on STCs discussed in the SPS Committee. Since 1995, 50% of all STCs raised in the Committee have been
31 Further information on the STCs previously raised during the review period is available in the ePing SPS&TBT Platform. Viewed at: https://tradeconcerns.wto.org/en/stcs?searchParameterDomainIds=2.
32 These concerns include control, inspection and approval procedures, and administrative measures.
reported as resolved or partially resolved.33 In November 2021, Mexico reported on the resolution of STC 515 regarding Panama´s authorization of Federal Inspection Types establishments.
COVID-19-related SPS measures (1 February 202034 - 30 September 2022)
3.76. The SPS Agreement requires Members to base SPS-related trade measures on international standards, guidelines, and recommendations, specifically those developed by the FAO/WHO Codex Alimentarius Commission (Codex) for food safety, the World Organisation for Animal Health (WOAH, founded as OIE) for animal health and zoonoses and the International Plant Protection Convention (IPPC) for plant health. The three standard-setting bodies and the WHO are monitoring the COVID-19 situation and, so far, have not recommended any trade restrictions. In the absence of relevant international standards, SPS measures must be based on a risk assessment. However, it may take some time before sufficient scientific evidence becomes available. Following the outbreak of the pandemic, some Members believed they had to act quickly to ensure appropriate health protection. Under the SPS Agreement, Members have the right to adopt provisional measures based on available information. As more scientific evidence emerges and risk assessments can be carried out, these measures must be reviewed within a reasonable period of time.
3.77. Between 1 February 2020 and 30 September 2022, 31 Members (counting the European Union as one) submitted 127 notifications and communications on 67 SPS measures related to the COVID-19 pandemic. The most recent SPS COVID-19-related document was received on 8 July 2022. Submitted documents are displayed by month and trade effect in Chart 3.16.
3.78. Twenty-seven measures were notified as regular notifications. Additionally, 28 addenda to regular notifications were submitted, mostly extending both implementation periods of temporary measures and comment periods and dates of adoption of previously notified regulations. Twenty measures were notified as emergency measures. Additionally, 10 emergency addenda were notified, seven lifting (or partially lifting) temporary restrictions previously imposed and 3 extending the validity of temporary trade-facilitating measures. Nine Members submitted their measures through an information communication (GEN document), and one additional GEN document35 was submitted by 40 Members. Overall, 26% of all COVID-19 notifications were SPS measures.36 Two COVID-19-related STCs were raised in the period under review.37
33 Information is available in the latest revision of the annual report on STCs (WTO document G/SPS/GEN/204/Rev.22, 28 February 2022).
34 The first COVID-19-related notifications were received in February 2020.
35 WTO document G/SPS/GEN/1778/Rev.5, 14 January 2021 (also circulated as WTO document G/TBT/GEN/296/Rev.5, 14 January 2021).
36 WTO, COVID-19 and World Trade. Viewed at:
https://www.wto.org/english/tratop_e/covid19_e/covid19_e.htm.
37 STCs 487 and 506.
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Chart 3.16 Number of submitted SPS documents related to COVID-19, by date and trade effect, 1 February 2020-8 July 22
Note: TF measures = trade facilitating measures.
Source: WTO Secretariat.
3.79. Initially, these measures mainly related to restrictions on animal imports and/or transit from affected areas (some of these measures were subsequently lifted), and increased certification requirements. While some restrictions were still imposed at a later stage, most notifications and communications submitted since the beginning of April 2020 relate to measures taken to facilitate trade, by allowing temporary flexibility for control authorities to use electronic versions of veterinary and/or phytosanitary certificates, since the COVID-19 situation has made the transmission of original paper certificates problematic. Overall, about two thirds of the 59 notifications (excluding addenda) and communications submitted were measures considered to be trade-facilitating.
Developments in the context of the war in Ukraine
3.80. At the March and June 2022 SPS Committee meeting, Ukraine and several other Members (Australia, Canada, European Union, Japan, Republic of Korea, New Zealand, Norway, Paraguay, Switzerland, Chinese Taipei, United Kingdom and United States) condemned the Russian Federation's military action in Ukraine, noting that it violated constituted a violation of international law and the UN Charter.38 The Russian Federation noted that politically motivated trade-restrictive actions imposed by several WTO Members had led to serious damage to the global economy, including rises in world food and fertilizer prices and disruptions in global food supply, and underlined that the matter was not within the scope of the WTO.
38 WTO document G/SPS/R/107, 26 September 2022.
0 5 10 15 20 25
Restrictions Lifting of restrictions TF measures Extension of TF measures Other SPS measures Number of submitted SPS documents related to COVID-19, by date and trade
effect, 1 February 2020 - 8 July 2022
Source: WTO Secretariat.
Note: TF measures = trade facilitating measures.
Box 3.1 Enhancing monitoring and transparency in SPS and TBT
Accessing relevant information on SPS or TBT product requirements in export markets can represent a significant challenge, in particular for SMEs. WTO Members are required to notify SPS and TBT measures, still in draft form, that may have a significant effect on trade and that are not in accordance with existing international standards. Each year, the WTO receives around 5,000 SPS and TBT notifications.
The WTO facilitates the fulfilment of the transparency provisions contained in the SPS and TBT Agreements and provides easy access to information. Timely access to notifications is crucial, given the 60-day period that should normally be provided for submitting comments on the proposed regulations. The new ePing SPS&TBT Platform, officially launched in July 2022, is an integrated online tool that assists stakeholders in finding notifications of relevance to their trade and thus contributing to avoid and address potential trade barriers.
The ePing SPS&TBT Platform helps users (governments, economic operators, and civil society) browse SPS or TBT notifications and trade concerns raised by Members in the WTO SPS and TBT Committees using parameters such as product, notifying Member and objective. Additionally, information on enquiry points and notification authorities can be located in the new Platform. Registered users can also sign up to receive daily or weekly email alerts and to follow notifications on products and/or markets of interest and reach out to national and international counterparts. This also facilitates dialogue among the public and private sectors to discuss and share information on notifications of concern, allowing stakeholders to address potential trade problems at an early stage of the regulatory lifecycle.
Source: WTO Secretariat.