This part presents the uses made by WTO Members of the SPS and TBT Transparency tools, to demonstrate that transparency can – and does – substitute the dispute settlement procedure. To do so, it gives an overview of both the ‘supply side’ of information, i.e. the volume of information that is shared by WTO Members, and the ‘demand side’ of information, i.e. the information sought by WTO Members that raise concerns about other WTO Members’ measures. The part shows that despite active sharing of information about domestic measures by WTO Members, there is still much higher demand than supply of information. The possibility to raise Specific Trade Concerns (STCs) in SPS and TBT Committees allows to bridge this gap and obtain information, contributes to Members regulatory process and addresses practical impediments to trade. As a result, STCs play an important role in addressing trade conflicts and preventing them from being raised as formal disputes.

Chapter 4 shows the information that is made available to WTO Members through transparency in the SPS and TBT context – the ‘supply side’ of information. In this regard it presents information made available through notifications, bilateral and multilateral regulatory dialogue, through dialogue with the private sector. The SPS and TBT Agreements enable Members to obtain a considerable volume of information on each others’ domestic measures. The high volume of information about SPS and TBT measures shows that the transparency tools are made use of substantively. Information, however, remains limited on whether this information matches the information needs. The main indication in this regard, i.e. the STC discussions, suggests that Members still have a high demand for further information including about measures that have not been notified, and therefore the overall level of disclosure of SPS and TBT measures remains insufficient.