Transparency in the sps agreement javier ocampo agriculture and commodities division wto. Application of the precautionary principle in the sps agreement. The wto agreements series sanitary and phytosanitary measures. The importance of sanitary and phytosanitary measures to. Measures sps,1 with regard to its effect on food regulation at both the federal and state levels. The sps agreement builds on previous gatt rules to restrict the use of unjustified sanitary and phytosanitary measures for the purpose of trade protection. Visit the seattle public schools school board webpages. Reaffirming that no member should be prevented from adopting or enforcing measures necessary to protect human, animal or plant life or health, subject to the. Considering the serious criticism against the dispute settlement bodys interpretation of the scientific principles and risk analysis so far and the well. The definitions in annex a of the sps agreement are incorporated into this chapter and shall form part of this chapter, mutatis mutandis. For each agreement, at least one bluebookcompliant treaty citation is provided, along with a link from which you may download a pdf copy of the text of the agreement from the wtos website. Pdf the impact of sanitary and phytosanitary measures on. Finally, this paper sets out a number of recommendations for consideration by the epa negotiators.
Overview of the sps agreement food and agriculture. Schools personnel service specialists in hr and payroll. Agreement making sure that food is traded safely and that animal and plant pests or diseases are not spread through trade means that import restrictions are sometimes required. Overview of the sps agreement food and agriculture organization. Agreement and some of the ambiguities that the sps agreement poses in this respect. Phytosanitary measures to fisheries negotiations in economic partnership agreements. Feb 24 information session deescalation procedures and staff training monday, february 24 6. Phytosanitary measures sps agreement has brought only six cases in which the provisions of this agreement were central to the dispute. Eumexico free trade agreement eu textual proposal chapter on. This study does not question the legitimate objectives of food safety. Exports impaired due to a sps measure verify if international standards exist verify if sps measure is based on the international standard request explanation of reasons art.
The agreement recognizes that countries have the right to maintain sps measures for the protection of the population and the agricultural sector. Feb 25 special education resource fair tuesday, february 25 6. Overview of the sps agreement united nations escap. Sanitary and phytosanitary measures world trade organization. Information about the agreement and sps developments and activities around the world can be found here at the wto sps measures gateway this document focusses on some of the key principles in the sps agreement, namely. Scientific justification harmonization risk assessment consistency least traderestrictiveness 3. A developing country perspective michael friis jensen working paper subseries on globalisation and economic restructuring in africa no. The parties shall take into account the relevant guidance of the wto sps. Committee and international standards, guidelines and recommendations. Pdf the wto agreement on the application of sanitary and.
Application of the precautionary principle in the sps agreement university of heidelberg, max planck institute for comparative public law and international law and the university of chile, march 20091 akawat laowonsiri2 a. Pdf the impact of sanitary and phytosanitary measures. Sanitary and phytosanitary measures sps department of. Purpose of the wto agreement on the application of. Phytosanitary measures sps agreement seeks to strike a balance between the right of wto members to protect health and the need to allow the smooth flow of goods across international borders. Chapter sanitary and phytosanitary measures article 1. It was negotiated during the uruguay round of the general agreement on tariffs and trade gatt, and entered into force with the establishment of the wto at the beginning of.
Application of sanitary and phytosanitary measures sps agreement rolando alcala agriculture and commodities division scscfscf workshop on trade facilitation through the recognition of food safety systems equivalence 2122 june 2018 lima, peru. Technical regulations, standards and conformity assessment procedures are the types of measures which. Definition annex a human or risks arising from additives, animal health contaminants, toxins or disease organisms in food, drink, feedstuff. However, it requires them to base their sps measures on scientific principles and not. Chapter sps 7 professional assistance procedure sps 7. To eliminate the unnecessary and unjustified trade barriers. Wto sps agreement basic sps trade principles agrifood, e. Application of the precautionary principle in the sps. The agreement on the application of sanitary and phytosanitary measures, commonly referred to as the sps agreement, is one of the wto agreements which resulted from the uruguay round of multilateral trade negotiations, held from 1986 to 1993 under the auspices of the gatt. The sps agreement recognises the oie as the relevant international organisati on responsible for the development and. This exciting and interactive tool will allow you to receive account specific information in real time. If you are in any doubt of your access rights please refer to your employer before proceeding as sps cannot be held responsible any misuse.
The world trade organization wto agreement on the application of sanitary and phytosanitary measures the sps agreement aims to provide the balance between the right of governments to protect food safety, plant and animal health, and prevent these sanitary and phytosanitary measures from being unjustified trade barriers. For establishment of trust funds, see for example wto document gspsgen510rev. Sanitary and phytosanitary measures linkedin slideshare. Sps agreement, however, member countries representing free trade supporters and environmentalists do not currently seem satisfied with such performance. Pdf on jan 1, 2005, steve suppan and others published the wto agreement on the application of sanitary and phytosanitary measures sps find, read. Scope of application of the sps agreement on completion of this section the reader will be able. Phytosanitary sps issues are a key element of building this relationship. One of these committees is the committee on sanitary and. The sps agreement unambiguously states that a wto member has the ability to choose its appropriate level of sanitary protection. The ultimate goal of the world trade organizations wto sps agreement is to aid counties in building capacity to levels of. To increase the amount of available information for consumers as a result of greater transparency in governmental procedures, to increase the amount of available information for importers and to eliminate unjustified border measures. The sps agreement encourages wto members to base their regulations on the health and safety standards developed by the three relevant international expert. The committee on sanitary and phytosanitary measures provided for in paragraphs 1 and 4 of article 12 referred to in this agreement as the committee shall develop a procedure to monitor the process of international harmonization and coordinate efforts in this regard with the relevant. The basic aim of the sps agreement is to maintain the sovereign right of any government to provide the level of health protection it deems appropriate, but to.
To promote transparency, the sps agreement, in article 7, obliges wto members to notify changes in, and provide relevant information on, sanitary measures that may, directly or indirectly, affect international trade. Preceding two chapters in this volume have already summarized the main provisions of the sps agreement in the context of trade in food products and in live animals and livestock. Improve consistency, predictability and transparency of each partys sps measures. For gatt 1947, citations are provided to official u. Wto members post sps notifications on the wto website to inform other members of changes to sps measures that may have a significant effect on trade. This booklet on the sps agreement is only a brief introduction to the topic. The sps agreement contains provisions to ensure transparency in the development and application of sps measures, including the publication of sps measures that apply to imported commodities. Agreement on the application of sanitary and phytosanitary. Because of the concern that sps measures might be used for protectionist purposes, a specific agreement on the application of sanitary and phytosanitary measures was negotiated during the uruguay round.
The sps agreement recognises the oie as the relevant international organisati on responsible for the development and promotion of international animal health standards, guidelines, and recommendations affecting trade in live animals and animal products. Sps agreement, article 2 basic rights and obligations 1. The sps agreement explicitly recognizes the right of governments to take measures to protect human, animal and plant health, as long as these are based on science, are necessary for the protection of health, and do not unjustifiably discriminate among foreign sources of supply. Agreement on the application of sanitary and phytosanitary measures. Purpose of the wto agreement on the application of sanitary. The agreement on the application of sanitary and phytosanitary measures is one of the final documents approved at the conclusion of the uruguay round of the multilateral trade negotiations. Chapter 7 sanitary and phytosanitary measures article 7. Enhanced clarity, predictability affects market access. The agreement on the application of sanitary and phytosanitary measures sps agreement seeks to strike a balance between. Members may have measures with higher alop than international standards but in accordance with art.
The full sps agreement is available here on the wto website. It applies to all sanitary relating to animals and phytosanitary relating to plants sps measures that may have a direct or indirect impact on international trade. First, where provisional measures are adopted under article 5. Whether there is a risk assessment within the meaning of the sps agreement. In view of the fact that potentially all domestic regulations fall under the purview of article iii gatt 1994 or the tbt agreement, the questions arise why there was the need to establish additional disciplines on sanitary and phytosanitary measures in a discrete treaty and what explains the treatys particular design.
The right to protect human, animal or plant life or health avoiding unnecessary barriers to trade. The sps agreement is administered by the committee on sanitary and phytosanitary measures the sps committee, in which all wto members can participate. The sps committee is a forum for consultations where wto members regularly. Generally speaking, the precautionary principle was reflected in article 5. Human or risks arising from additives, animal health contaminants, toxins or disease organisms in food. Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this agreement. The wto agreement on sanitary and phytosanitary measures.
Improve communication and cooperation on sanitary and phytosanitary measures. There are two types of risk assessment as defined in paragraph 4 of annex a of the sps agreement. Sanitary and phytosanitary sps measures have potential to create barrier for exports from the developing countries. Whether the sps measure at issue is based on this risk assessment. Further to article 4 of the sps agreement, the parties shall apply equivalence to a group of measures or on a systemswide basis, to the extent feasible and appropriate. The customer information hub is a new tool available on your account homepage. Sps is a general term used to describe a variety of regulations on trade in agricultural products to protect human, animal, and plant health. It applies to all sanitary relating to animals and phytosanitary relating to plants sps measures that may have a direct or indirect impact on. The agreement on the application of sanitary and phytosanitary measures, also known as the sps agreement, is an international treaty of the world trade organization wto. The 2014 report on sanitary and phytosanitary measures sps report is a specialized report dedicated to describing significant barriers to u. Within the language of the sps agreement, the precautionary principle. This agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. The preamble of the sps agreement states that the sps agreement was intended, at least in part, to clarify the operation of gatt article xxb. The sps agreement visavis nepal the sps agreement elaborates rules for the application of phytosanitary measures in relation to the trade in plants and plant products.
Agreement on sanitary and phytosanitary measures sps. First is applicable to measures aimed at risks from pests or diseases. The parties acknowledge that recognition of the equivalence of sanitary and phytosanitary measures is an important means to facilitate trade. Improve communication and cooperation on sanitary and phytosanitary measures between the parties. The agreement on the application of sanitary and phytosanitary measures hereinafter sps agreement of the world trade organization hereinafter wto regulates measures applied to protect against a range of specified risks to animals, plants and human health, including those arising from additives, contaminants, toxins or diseasecausing. Such measures shall be developed and applied in accordance with the provisions of this agreement. Further the implementation of the wto agreement on the application of sanitary and phytosanitary measures wto sps agreement. Pdf on jan 1, 2005, steve suppan and others published the wto agreement on the application of sanitary and phytosanitary measures sps find, read and cite all the research you need on. Equivalence in the wto agreement on the application of. To use this new tool, simply log into your account and select a section of the hub for a list of questions related to that topic. Feb 26 regular board meeting wednesday, february 26 4.
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