SPS agreement

• To explain the principles of the Agreement on the application of Sanitary and Phytosanitary Measures

International Food Safety Consultancy

www.international-food-safety.com

Key points

• The SPS Agreement introduces new disciplines that govern trading practices at the international level. It sets out the rights and responsibilities of WTO Members that wish to restrict imports in order to protect human,animal or plant life or health

• Restrictions should be the minimum necessary to achieve their objectives. They should be based on scientific principle and not maintained without sufficient evidence

key points

• Governments must notify each other of SPS measures in the course of preparation

• Members are encouraged to adhere to international standards where they exist,although higher standards can be enforced if there is a scientific justification provided un accordance with internationally accepted risk assessment techniques

key points

• Members should seek to accept the SPS measures of other countries as equivalent even if different where they provide the same level of protection as their own regulations

• Control,inspection and approval procedures should be undertaken in no less favourable manner for imported products than for like domestic products

Introduction

• The Uruguay Round negotiations ,which were the first to deal with the liberalization of trade in agriculture products also included negotiations on reducing non-tariff barriers to international trade in agricultural products

Introduction

• It resulted in two binding Agreements:

• The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and

• The Agreement on Technical Barriers to Trade (TBT Agreement)

SPS -introduction

• Confirms the right of WTO Member countries to apply measures necessary to protect human ,animal and plant life and health

• It had become clear that national sanitary and phytosanitary measures had become whether by design or accident effective trade barriers

SPS-introduction

• The purpose of the SPS Agreement is to ensure that measures established by governments to protect human,animal and plant life and health are consistent with obligations prohibiting arbitrary or unjustifiable discrimination on trade between countries where the same conditions prevail

SPS-introduction

• It requires that ,with regard to food safetyfood safety measures ,WTO Members base their national measures on international standards,guidelines and other recommendations adopted by the Codex Alimentarius Commission (CAC)

SPS-introduction

• For animal life and health ,measures should be based on those standards adopted and recommended by the International Office of Epizootics (OIE) and

• For plant life and health ,those standards and recommendation of the International Plant Protection Convention (IPPC) apply

SPS-introduction

• The Agreement also allows for countries to adopt stricter measures than those adopted by the so called three sisters (CAC-OIE-IPPC) if there is a scientific justification for doing so or if the level of protection afforded by the recognized standard setting organizations is inconsistent with the level of protection generally applied and deemed appropriate by the country concerned

Article 1-general provisions

• Indicates that this Agreement applies to all sanitary and phytosanitary measures which affect international trade

• It informs us that definitions for term used in the Agreement are provided in Annex A and that the definitions shall apply to this Agreement and that all the Annexes are an integral part of this Agreement

Annex -A

• Sanitary-Phytosanitary Measures: -Any measure applied to Protect Animal or Plant life or Health within the territory of

the Member from risks related to the entry ,establishment or spread of:

-pest or diseases -disease carrying organisms -disease causing organisms

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• Any measure applied to protect Human and Animal Life or Health within the territory of the Member from risk arising from:

-food additives -contaminants -toxins or -disease causing organisms in food , beverages or feed stuffs

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• Any measure applied to protect Human Life or Health within the territory of the Member from diseases carried by:

-animals -plants -animal/plant product or -from the entry ,establishment or spread of pests

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• Any measure applied to prevent or limit damage from the entry,establishment or spread of pest

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• Sanitary and phytosanitary measures include all laws,degrees,regulation ,requirements and procedures related to :

1-end product criteria 2-processes and production procedures 3-testing 4-certification and approval procedures

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5-quarantine treatments (associated with

animals and plant transport and the material required during their transport)

6-statistical methods

7-sampling procedures

8-methods for risk assessment

9-packaging and labeling

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• Harmonization:

the establishment ,recognition and application of common sanitary and phytosantairy measures by the Members

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• International standards,guidelines ,recommendations:• For food safety the terms international

standards,guidelines and recommendations refer to those established by the Codex Alimentarius Commission relating to:

-food additives -veterinary drug and pesticide residues -contaminants -methods of analysis and sampling -codes and guidelines of hygienic practices

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• For animal health and zoonoses these same terms refer to the standards,guidelines and recommendation developed under the auspices of the International Office of Epizootics

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• For plant health they refer to international standards ,guidelines and recommendations developed under the auspices of the International Plant Protection Convention

Article 2-basic rights

• Recognizes the rights of Member to establish sanitary and phytosanitary measures at the necessary level of protection for human,animal and plant life and health as long as they are not inconsistent with the provisions of this agreement

Article 2 -continue

• Only those measures that are necessary to protect human ,animal and plant life and health are to be applied.They shall be based on scientific principles and shall not be maintained without sufficient evidence

• Measures are not to be arbitrary ,discriminatory ,unjustified ,unnecessary or disguised to trade

Article 3-harmonization

• Requires members to base their sanitary and phytosanitary measures on international standards,guidelines and recommendations where they exists and if sufficient to provide the appropriate level of protection

• Members can establish a higher level of protection if scientific justification is provided in accordance with the requirements in article 5 (risk assessment)

Article 3-continue

• Members are to fully participate in the relevant organizations

• SPS Committee is to develop procedures to monitor the process of international harmonization and coordinate efforts in this regards with the relevant international organizations

Article 4-Equivalence

• It states that Members shall accept the sanitary and phytosanitary measures of other Members as equivalent even when these measures differ from their own or from those of other Members trading in the same products if the exporting country objectively demonstrates to the importing country that its measures achieve the importing country appropriate level of sanitary and phytosanitary protection

Article 4 -continue

• The important factor is meeting the importing countries sanitary protection requirements rather than the means by which this is achieved

• This concept also serves as a basis for bilateral and multilateral agreement among trading partners on the basis of equivalence referred to as Mutual Recognition Agreements

Article 5-risk assessment

• Measures are to be based on an assessment of the risk to human,animal and plant life and health using internationally accepted risk assessments techniques

Article 5-continue

• Risk assessment should take into account:

-available scientific evidence

-relevant processes and production methods

-inspection sampling testing methods

-prevalence of specific diseases or pest

-existence of pest /disease free areas

-ecological /environmental conditions

-quarantine or other treatment

Article 5-continue

• Risk assessment should take into account economic factors such as:

-cost of control or eradication

-potential damage or loss of production /sale

-cost effectiveness of alternative approaches

Article 5-continue

• Sanitary and phytosanitaire measures should minimize negative trade effects

• Arbitrary or unjustified measures shall not be considered

• Members may provisionally adopt international standards

• Protection levels shall not be more trade restrictive than required to provide an Appropriate Level of Protection

• Explanation of the reasons for measures may be requested by Members

Article 6-adoption to regional conditions

• Measures shall be adapted to specific areas of the country to minimize the impact on trade

• Pest/disease free areas shall be identified and recognized

• Low prevalence pest/disease shall be identified• Exporting countries shall provide information on

pest/disease free areas

Article 7-transparency

• Members shall notify changes in their sanitary and phytosanitary measures and they are to provide this information in accordance with the provisions in Annex B

• Annex B:-prompt publications of regulations-provision of sufficient lead time for comment from

interested parties-establishment of an enquiry point-adherence to notification procedures-general reservations (related to confidential information)

Article 7 -continue

• If proposed regulation is likely have a significant effect on trade of other Members then the following procedures must be followed:

-publice a notice-inform SPS committee-copies of proposed regulation-reasonable time for Members to comment

Article 8 –control and inspection/approval

• The procedures of Annex C apply when considering the operations of control,inspection and approval procedures including approval of the use of food additives or for establishing the tolerance levels for contaminants in food,beverages and feedstuffs

Article 8-continue

• Annex C specifically states that the Members are to ensure that:

1-control,inspection and approval procedures are completed promptly

2-standard or anticipated processing times are published or communicated

3-information required is limited to what is necessary for appropriate control, inspection and approval

Article 8-continue

4.confidentiality of information for both imported and domestic products is respected

5.fees are equitable (domestic/imported)

6.a review system is established to review complaints about the procedures

7.the number of product specimens is limited to what is reasonable and necessary

Article 8-continue

8.criteria for the siting of facilities for carrying out procedures or for the selection of samples should be the same for imported products as for the domestic products

9.when specifications are changed ,procedures are to be limited to those which are necessary to ensure the product meets the new specifications so that compliance with other specifications which have not changed is not altered

Article 8-continue

• Annex C also addresses the situation where a food additive is not permitted or its use is limited to the degree that it restricts access to markets by exporting Members

Article 9-technical assistance

• The members agree to facilitate the provision of technically assistance especially to developing countries either bilaterally or through the appropriate international organizations

• Assisting can be given in the areas of processing technologies,research and infrastructure including the establishment of national regulatory bodies

• The WTO also provide technical assistance in the form of its Technical Cooperation Activities

Article 10-special and differential treatment

• Consideration of the needs of developing and especially the least developed countries when preparing and implementing sanitary and physanitary measures by providing longer timeframes for compliance on products of interest .

• SPS committee can grant developing and least developed Members time limited exceptions

Article 11-consultations and dispute settlement

• In case of a dispute involving scientific or technical issue, a panel should seek advice from experts chosen by the panel in consultation with the parties to the dispute

• The panel may also when it deems it appropriate establish an advisory technical experts group or consult the relevant international organizations

Article 12-administration

• Establishing of Committee on Sanitary and Phytosanitary Measures for a regular forum of consultations

• Committee implement the provisions of the Agreement and the furtherance of its objectives ,particularly the objective of harmonization

Article 13-implementation

• National governments are fully responsible for observance of obligations under this Agreement

• To ensure this level of responsibility ,national governments must formulate and implement positive measures and mechanisms to support the observance of the provisions of the Agreement by other than central government bodies

• Article 14=final provisions– The final provision of this Agreement allows the least developed

country Member to delay application of the provisions of this Agreement for a period of five years following its date of entry into force with respect to their sanitary or phytosanitary measures affecting importation or imported products

Article 14-continue

• Other developed country Members may delay application of the provisions of this Agreement:

-providing a Member with information and an explanation as to the reasons for a sanitary or phytosanitary measure

-transparency,enquiry point and notification procedures; for two years following the date of entry into force of this Agreement with respect to their existing sanitary or phytosanitary measures affecting importation products,where such application is prevented by a lack of technical expertise,technical infrastructure or resources