   
  
TN/CTD/36  
 
26 January 2024  
(24-0641) Page: 1/2 
Committee on Trade and Development  
Special Session    
 
THE G -90 AGREEMENT -SPECIFIC PROPOSALS (ASPS) ON THE SPS AND TBT AGREEMENTS  
REPOR T BY THE FACILITATOR ( MR LOH JIA JIE , SINGAPORE)1 
1. The Chair of the Committee on Trade and Development in Special Session (CTD SS) , 
Ambassador Kadra  Ahmed Hassan (Djibouti), appointed me in June 2023 to act as Facilitator for the 
G-90 Agreement -specific proposals (ASPs) on the Agreement on the Application of Sanitary and 
Phytosanitary Measures (SPS) and the Technical Barriers to Trade (T BT) Agreement.2 Since then, 
these two  ASPs have been discussed in a focused thematic session (4 October) and at the CTD  SS 
meeting (23 November ). I made a statement on the deliberations of the  thematic session at the 
November CTD  SS meeting (JOB/TN/CTD/5 ).  
2. I subsequently continued my consultations with Members on the way forward on these 
two proposals. With a view to exploring an outcome on any element of these two ASPs by MC13, I 
convened a small -group consultation on 19 January. Although some well-known positions were 
reiterated at that meeting, Members recognized the progress made in our discussions to better 
understand the challenges and underlying issues or concerns faced by developing countries , 
including  least developed countries ( LDCs), in the SPS and TBT areas.  
3. The discussions on these topics , including on comment periods of SPS/TBT notifications, on 
compliance periods of new  or revised SPS/TBT measures, and  on financial and technical assistance,  
provided opportunities for Members to sha re experiences. In this context, Members mentioned  
several ideas of addressing some of the challenges faced by developing countries , including  LDCs, 
in meeting evolving standards and technical regulations. During the deliberations some useful 
suggestions w ere made which could contribute to addressing some of the elements of the G -90 
proposals. A suggestion was made to have a stocktaking exercise to identify possible constraints 
preventing the use of flexibilities and avenues embedded in the SPS and TBT Agre ements  and 
Committee decisions. Several Members stressed the importance of bringing the perspectives of 
relevant external stakeholders into the discussions to address the challenges in the SPS and TBT 
areas.  
4. The challenges of developing countries , includin g LDCs, in providing comments  on draft 
regulations  within the recommended 60 days after distribution of notifications were discussed, such 
as challenges with translation and stakeholder engagement . A suggestion was made to allow a period 
of at least 90 calendar days for comment s. Some Members  noted that they had never received  
comments nor  requests for extensions of the  time-period for  comment s from developing countries , 
including  LDCs, and encouraged  developing countries , including  LDCs, to seek flexibilities from 
notifying Members on a case -by-case basis.  It was noted earlier that the work of the SPS and TBT 
Committees  in the context of periodic reviews  led to the adoption of several guidelines and 
recommendations, especially to im prove transparency. For example,  in the field of TBT the provision 
of 90 days is encouraged whenever possible for the presentation of comments.3 On SPS, Members 
are encouraged to allow a period of at least 60 calendar days for comments and , upon request 
wherever practicable, a 30 -day extension should be normally provided.4 It was further noted that 
 
1 This report is issued under the Facilitator's own res ponsibility. This is without prejudice to Members 
positions and to any progress that Members may make in the run up to MC13.  
2 JOB/TNC/79 , JOB/TNC/106  and JOB/TNC/110  
3 G/TBT/1/ Rev.15  
4 G/SPS/7/Rev.5  TN/CTD/36  
 
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  the ongoing triennial review processes of the operation and implementation of the SPS and TBT 
Agreements provide an opportunity to the proponents to highlight specific challenges in these areas.  
5. The contribution of the ePing SPS&TBT Platform  in enhancing transparency and facilitating 
effective communication among Members was stressed. It was noted that the tool had enabled 
Members to facilitate tracking of notifications of SPS and TBT  measures . The tool also facilitates 
stakeholder engagement and the sharing of comments, clarifications, and unofficial translations 
regarding notifications  submitted through the platform . Experiences from technical assistance 
programmes in this regard wer e highlighted. It was also highlighted that SPS and TBT enquiry points 
across developed and developing countries served as a forum for collaboration to seek clarity on 
notified measures.   
6. With regard to a longer timeframe for the compliance of new measures,  several  Members 
underlined the need for more dialogue in order to have a common understanding of the specific 
needs of developing countries , including  LDCs. It was noted that the economic cost and the special 
situation of developing countries , including  LDCs, in implementing proposed SPS and TBT measures 
should be given due consideration at an early stage of consultations.  
7. The role of bilateral , regional,  and multilateral technical assistance and capacity -building 
activities in the areas of SPS a nd TBT was underlined. A suggestion was made to have a compilation 
of best practices in the design and delivery of technical assistance and capacity building activities. 
The importance of having informal experience -sharing sessions under the aegis of the S PS and TBT 
Committees, including joint sessions with the CTD SS, was acknowledged. Another suggestion was 
to examine the existing reports regarding technical assistance to increase awareness of technical 
assistance opportunities and help to avoid duplicati on with Member -led technical assistance.  Several 
initiatives, including the Transparency Champions Programme, were also emphasized.5 Several 
Members  suggested that a mentoring programme  could be considered , i.e. allowing Members to 
provide assistance and support to developing countries , including  LDCs, on a bilateral basis to 
address some of their challenges in the areas of  SPS and TBT. The support offered by  the Standards 
and Trade Development Facility (STDF) to help  developing countr ies, including  LDCs, address SPS 
challenges was also recognized.  
8. The substantive discussions held in the past few months have been helpful in identifying 
possible solutions to some of the challenges identified by the G -90 in their proposals. In my view, 
more time and continued work would be required after MC13 , includin g consideration of further 
thematic/experience -sharing sessions , to define the scope of possible solutions in response to the 
challenges identified by the G -90 in their proposals.  
__________  
 
5 The first such programme in t he area of SPS was launched on 3 October 2022. A similar programme in 
the area of TBT was launched on 10 October 2022. Information on these programmes can be acces sed, 
including under the technical assistance page of the WTO Website.  