WTO | SPS - SPS Agreement CBT - Transparency - Notification of Measures

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SPS AGREEMENT TRAINING MODULE: CHAPTER 3

Transparency

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3.4 Notification of measures

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Background

Introduction to the SPS Agreement

The Key Provisions of the Agreement

Transparency

Implementation — The SPS Committee

Implementation — Dispute Settlement

Developing Countries

Work of other relevant Organizations

Current Issues

Health and other WTO Agreements

Further Information

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Members have the obligation to notify SPS measures if they

are new or changed; and
are not based on an existing international standard or no relevant international standard does not exist; and
have a significant effect on trade.

This requirement covers measures that restrict trade as well as trade-facilitating measures. A notification should be made as soon as a complete draft of a proposed regulation is available, and when changes can still be made to take into account any comments received. For the sake of increased transparency, many Members notify even measures that are based on an international standard, or measures where it is not clear if they will have an impact on trade.

Normally, regulations should be notified well before they enter into force; however, in urgent situations this may not be possible. Measures taken in urgent situations should be notified immediately, using the emergency notification format. To become acquainted with the notification formats, take a look at the recommended procedures for implementing the transparency obligations of the SPS Agreement or at the handbook.

Compliance with the Notification Obligations

As of April 2002, about 85 percent of Members had established an Enquiry Point, and 80 percent had established National Notification Authorities. The lists of National Notification Authorities and Enquiry Points are regularly updated by the WTO Secretariat. These are publicly available documents. The most recent lists can be requested from the Secretariat, or downloaded from the WTO home page.

Almost 2900 SPS notifications had been circulated as of April 2002. About 54 percent of all Members had notified SPS measures.

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