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WTO AGGREMENTS

Sanitary and Phytosanatary (SPS)Measures

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Negotiated in parallel with major agricultural trade negotiations

Came into force in 1995

Applies to all measures used to protect human, animal and plant life and health which may directly or indirectly affect trade

Agreement On The Application Of Sanitary & Phytosanitary Measures (SPS)

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All countries have rights to take Sanitary and Phytosanitary (SPS) Measures for protection of human, animal and plant life and health

All countries maintain measures to ensure that food is safe for consumers and to prevent the spread of pests or diseases among the population, animals and plants. The name of these measures is Sanitary and Phytosanitary Measures (SPS). They can take many forms, such as requiring products to come from a disease-free area, inspection of products, specific treatment or processing of products, setting of allowable maximum levels of pesticide residues or permitted use of only certain additives in food... They apply to domestically produced food as well as to products coming from other countries.

SPS AGREEMENT

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Promotion of the economic development,

Alleviation of poverty.

SPS measures may influence on: many restrictions in international trade.– International trade can play a major role in the promotion of

economic development and the alleviation of poverty. This is the reason for the establishment of a multilateral framework of rules and disciplines to guide the development, adoption and enforcement of sanitary and phytosanitary measures in order to minimize their negative effects on trade.

National Trade Influences

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On the other hand, sanitary and phytosanitary measures may result in restrictions on international trade. All governments accept the fact that some trade restrictions may be necessary to ensure food safety and animal and plant health protection. However, governments are sometimes pressured to go beyond what is needed for health protection and to use sanitary and phytosanitary restrictions to shield domestic producers from economic competition.

International Trade Influences

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Must be based on scientific evidence and risk assessment

Must not create any sort of unjustified barriers and

Must not create any restrictions in international trade.

SPS MEASURES

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The SPS Agreement explicitly recognizes the autonomous right of every country to undertake measures for protecting human, animal and plant life and health on its territory. Nobody, not even externally/ by arbitrage, is allowed to define the level of protection that each sovereign country shall decide to apply on its territory.

Especially, there must be no discrimination against various food supply sources (domestic or imported). The measures and regulations must be based on scientific bases and risk assessment. They must not create any sort of unjustified barriers and restriction in international trade.

SPS MEASURES

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• Rights

Members have the right to apply sanitary & phytosanitary measures necessary for the protection of human, animal & plant life or health (Article 2.1)

• Obligations

Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary for the protection of human, animal & plant life or health (Article 2.2)

Science provides the balance

SPS Agreement – A carefully crafted balance

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From

Risks arising from additives, contaminants, toxins or disease causing organisms in their food, beverage, feedstuffs

Plant or animal carried diseases

Pest diseases or disease-causing organisms

Damage caused by the entry, establishment or spread of pests

To Protect Human or animal life

or health

Human life or health

Animal or plant life or health

A country

Definition of an SPS measure

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“Animal” includes wild fauna and fish

“Plants” include forest and wild flora

“Parasites” include weeds

“Contaminants” include pesticide residues, veterinary drug residues and extraneous matter

Important Footnote

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Risk assessment methods

Quarantine treatments related to transportation of animals or plants

Packaging & labelling requirements related to food safety

End product criteria

Process & production methods

Testing

Sampling

Inspection

Certification & approval procedures

Types of Measures

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Protection of the environment Consumer interests other than

health Animal welfare Not Covered by SPS Agreement but may

be TBT Measures

Other Types of Measures

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To protect and improve the current human health, animal health and phytosanitary situation of all Member countries

To protect Members from arbitrary or unjustifiable discrimination due to different sanitary and phytosanitary standards

To maintain the sovereign right of any Govt. to provide an appropriate level of protection ie allow countries to set their own standards for health and safety

Objectives of the SPS Agreement

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Right to apply sanitary & phytosanitary measures necessary for the protection of human, animal & plant life or health

Measures based on scientific principles

Non-discriminatory

No disguised restrictions on trade

SPS Agreement –Basic Rights & Obligations (Article 2)

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Scientific Justification Article 5Harmonization Article 3Equivalence Article 4Disease-free areas Article 6Technical assistance Article 9Transparency Article 7

Key Provisions

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Scientific Justification of SPS Measures

Measures conform to international standards

(Article 3)

Measures based on a risk assessment

(Article 5 & 2)

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Covers assessment of risk & determination of appropriate level of SPS protection

SPS measures to be based on assessment of risks to human, animal or plant life or health, taking into

account risk assessment techniques developed by international organizations.

available scientific evidences; process and production methods; inspection & sampling methods; prevalence of specified disease or pests; existence of pests/disease-free areas,etc

relevant economic factors & cost effectiveness of alternate approaches

Avoid arbitrary/unjustifiable distinctions in the levels in different situations if these result in disguised restrictions

Risk Assessment Article 5

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Right:– To take provisional measures in case of insufficient

scientific evidence

Obligation:– Can seek explanation of reasons for SPS measures if

constraining exports– review SPS measures based on more objective risk

assessment within a reasonable period of time

Precaution Article 5.7

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Harmonization Article 3 Encourage use of international standards

Food safetyAnimal health Plant health Codex (International Food Standard) OIE (World Organization for Animal Health)

IPPC (International Plant Protection Convention)

SPS measures conforming to international standards, are presumed to be consistent with SPS Agreement

Right to impose more stringent requirements if based on scientific justification or risk assessment

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Adaptation of SPS measures to regional conditions, including pest- or disease- free areas, differing climatic conditions & different pest or diseases or food safety conditions so as to lead to the development/imposition of different SPS requirements

Exporter to demonstrate (reasonable access to be given for inspection/testing)

Disease free areas Article 6

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Accept other members’ SPS measure as equivalent, even if different from their own

Exporting member must objectively demonstrates to the importing member that its measures achieve their appropriate level of SPS protection – “equivalence” not “sameness”

Importing member to be given reasonable access for inspection/ testing

Equivalence Agreements - Members shall upon request, enter into consultation with the aim of achieving bilateral or multilateral agreements or recognition of the equivalence of specified SPS measures

Equivalence Article 4

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Conformance to import requirements Avoid duplication – use collective

resources more effectively & efficiently Provide mechanism for cooperative

exchange of expertise, assistance & information to meet requirements

Equivalence Agreements - Purpose

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Members are required to notify all SPS regulations which are adopted/ proposed to be adopted

Notifications made in the event of non-existence of an international standard or where substantially different from it or where there is a significant effect on trade

Provisions also exist for emergency notifications when urgent problems of health protection arise

Transparency -Notification obligations Article 7

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Made through the National Notification Authority to the SPS/TBT Committee

‘Enquiry Points’ to be notified by each Member to disseminate information about existing and proposed SPS regulations, control and inspection procedures, quarantine treatment etc./ TBT standards, technical regulations & CA procedures

Provision of ‘Emergency Notification’

Notifications as per prescribed format

Transparency –Notifications

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Take account special needs of developing countries when developing SPS measures

Allow longer time frames for compliance with measures for products of special interest to developing countries

Specific and time-limited exceptions on request to comply with Agreement

Facilitate developing country participation in international organizations

Special and Differential TreatmentArticle 10

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Aim is to adjust to & comply with SPS measures to comply with SPS requirements of importing country & expand market access opportunities

Areas include Processing technologies Research & infrastructure Establishment of regulatory bodies

Form of advice, credits, donations, grants, training, equipment

Source - bilateral or through international organizations

Technical assistance Article 9

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Regulation regarding fertilisers

SPS if relating to residues in food or animal feed (objective protection of human/ animal health)

TBT if related to quality or efficacy of the product or health risk to handlers

Labelling requirements for foods

SPS if related to food safety

TBT if the regulation concerns issues such as; positioning, letter size, nutrient content, grade, etc.

Difference Between SPS &TBT

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Regulation regarding containers for the shipment of grains

SPS if relating to fumigation or other treatment of these containers, i.e., disinfection in order to prevent the spread of disease TBT if the regulation regards the size or structure of the containers

Difference Between SPS &TBT

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Participation in international standardising bodies

Non representativeness of international standards

Plethora of standardizing bodies at the national and sub-national levels & lack of role clarity

Absence of a national notification system

A general lack of awareness

Some aspects not very well developed – traceability, risk assessment, R&D, residues, data

Problems In Implementation