The Agreement on the Application of Sanitary and Phytosanitary Measures

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1 The Agreement on the Application of Sanitary and Phytosanitary Measures Workshop on Good Practices For Participation in SPS Forums Nassau, Bahamas June 22-23, 2010 Carol Thomas Regional Agricultural Health and Food Safety Specialist 1

2 SPS Sanitary and Phytosanitary Sanitary Animal health Human Health Food Safety Phytosanitary Plant Health 2

3 SPS Agreement General Provision This Agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. Such measures shall be applied in accordance with the provisions of the Agreement. 3

4 SPS Agreement Basic Right (Article 2.1) WTO members have the right to adopt sanitary and phytosanitary measures to protect human, animal or plant life or health Premise but These must not constitute unjustifiable discrimination between Members or a disguised restriction on international trade 4

5 SPS Measures: Definition (Annex A) To protect: Human or animal life Human Life Animal or plant life A country From: risks arising from additives, contaminants, toxins or diseasecausing organisms in food plant- or animal-borne diseases (zoonoses) Pests, diseases or disease-causing organisms damage caused by entry, establishment or spread of pests (including weeds) 5

6 SPS Measures May Take Many Forms Inspection of products quarantine measures processing or treatment requirements Certification & testing Setting of maximum levels of pesticide residues (MRLs) Use of only certain additives in foods 6

7 Examples of SPS Measures FMD Measures Restrictions related to Fruit Flies Limits in residues in shell fish 7

8 SPS Agreement Basic Obligations Base SPS measures on international standards, international guides or recommendations developed by: CAC IPPC OIE Accept SPS measures of exporting countries as equivalent if they achieve the same level of SPS protection 8

9 SPS Agreement Basic Obligations If international standards, guides or recommendations are not available or a higher level of protection is needed and SPS measures affect international trade; Measures must be based on science and an appropriate assessment of risks SPS Governments must inform other WTO Members and take their comments into account 9

10 Key Provisions Of the SPS Agreement Scientific justification Use international standards ( Harmonization ) Risk assessment Avoid arbitrary levels of protection ( Consistency ) Transparency (notification) Equivalence Technical assistance Pest and disease free areas Control, inspection and approval procedures 10

11 Scientific Justification (Articles 2.2) based on scientific principles applied only to the extent necessary to protect human, animal or plant life or health (least trade restrictive) Members shall ensure that any SPS measure is: not maintained without sufficient scientific evidence 11

12 Scientific Justification (Articles 2.3) No unjustifiable discrimination between Members with similar conditions between own territory and other Members No disguised restrictions on international trade 12

13 Harmonization (Article 3) Standard-setting organizations Food safety Animal Health Plant Health CODEX OIE IPPC Codex = Joint FAO/WHO Codex Alimentarius Commission OIE = World Organization for Animal Health IPPC = International Plant Protection Convention (FAO) 13

14 Transparency (Article 7 & Annex B) Members shall establish an Enquiry Point AND designate a Notification Authority notify other Members of new or changed SPS regulations when no international standard exists OR the new regulation is different than the international standard AND regulation may have significant effect on trade 14

15 Special and Differential Treatment (Article 10) Members shall take account of the special needs of developing countries Members should accord longer time frames for compliance The Committee can grant specified, time-limited exceptions Members should encourage participation in international organizations 15

16 Technical Assistance (Article 9) Members agree to facilitate provision of TA help countries comply with SPS measures technology, research, infrastructure advice, credits, donations, grants technical expertise, training, equipment help countries maintain and expand market access 16

17 Control, Inspection and Approval Procedures: (Article 8 and Annex C) No undue delays And in no less favourable manner for imported products than for like domestic products Information required No less favourable treatment for imports: Limited to what is necessary Fees no discrimination, only to cover costs 17

18 The SPS Agreement Benefits for Stakeholders Exporter Transparency provides essential information Prevention of unfair exclusion from market Market access strategy Importer Protection of legitimate national measures Avoiding trade disputes Country Opportunity to participate in the international standard-setting process Opportunity to protect country from agricultural and food safety risks 18

19 SPS or TBT SPS Measures human or animal health from food-borne risks human health from animalor plant-carried diseases animals and plants from pests or diseases examples: pesticide residues food additives TBT Measures human disease control (unless it s food safety) nutritional claims food packaging and quality examples: labelling (unless related to food safety) pesticide handling seat belts 19

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