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. Understanding the wto agreement on sanitary and phytosanitary measures may 1998 the agreement on the application of sanitary and phytosanitary measures the sps agreement entered into force with the establishment of the world trade organization on 1 january 1995. The first section of this module deals with the scope of application of the sps. Analysis of the world trade organization sps agreement by faith thompson campbell memorandum to. Health and consumers wto sps agreement in force since 1 january 1995 sets out rules that wto members are obliged to follow when they set sps measures on food safety, animal health and plant health recognises members rights to impose sps measures to achieve the appropriate level of protection alop. Equivalence in the wto agreement on the application of. The opinions expressed are strictly personal and cannot be attributed to the wto secretariat or the wto members. All wto members are required to meet and uphold the principles and obligations of the sps. Chapter 7 sanitary and phytosanitary measures article 7. The wto agreements on the application of sanitary for protection of human and animal health and phytosanitary for protection of plant health measures sps and the agreement on technical barriers to trade tbt try to strike a balance between these competing uses of standards in international trade. The article first considers the arguments traditionally put forward in favour of a relatively narrow scope of operation for the sps agreement, illustrating these by reference to the broader. 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. Figure ii1 provides an overview of the wto agreements.
The agreement recognizes that countries have the right to maintain sps measures for the protection of the population and the agricultural sector. Numerous positions under chapters 6 live trees and other plants, 7 edible vegetables and certain roots and tubers, 8 edible fruit and nuts. The aim of the sps agreement the aim of the sps agreement is to set out a series of rules within which wto members can set health and safety standards. Wto elearning welcome to the wto elearning technical assistance program on the multilateral trade system. Sanitary and phytosanitary measures 3 introduction the agreement on the application of sanitary and phytosanitary measures the sps agreement entered into force with the establishment of the world trade organization on 1 january 1995. Review of the operation and implementation of the agreement of the application of sanitary and phytosanitary measures. 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. The penalty 1agreement of the application of sanitary and phytosanitary measures, april 15, 1994 hereinafter sps agreement, reprinted in food and drug law institute, iii. Pdf the wto agreement on the application of sanitary and. For establishment of trust funds, see for example wto document gspsgen510rev. Sanitary and phytosanitary sps measures have potential to create barrier for exports from the developing countries. Only a short introduction to the sps agreement is given here.
The wto defines sps as any measures that are applied to prevent or limit other damage to a country from the entry, establishment, or spread of pests and diseases world trade organization 2003. The wto sps agreement and its relevance to international. Sanitary and phytosanitary measures world trade organization. Annexes 1a to 3 are integral parts of the agreement and are binding on all members of the wto single undertaking mentioned earlier. Among the wto agreements, the sps agreement provides for the strictest rules on domestic regulatory measures. 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. Sps agreement wto agreement on the application of sanitary and phytosanitary measures. The sps agreement has 14 articles, containing the rights and obligations that wto members have agreed to. This procedure is without prejudice to the rights and obligations of members under the sps agreement or any other wto agreement and shall not constitute a legally binding agreement. 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. Tool for tracking wtosps info significant efficiency gains enhanced analytical capabilities better service for members.
The world trade organisation wto agreement on the application of sanitary and phytosanitary measures sps agreement came into being against this. 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. Find decisions of wto bodies concerning the sps agreement in the analytical index guide to wto law and practice. The booklet shows why knowledge of the sps agreement is important for all who are interested in international trade in agricultural commodities. The ultimate goal of the world trade organizations wto sps agreement is to aid counties in building capacity to levels of sustainability. The united kingdom sps enquiry point will endeavour to respond to reasonable requests from members in a timely fashion. Wto agreement on sanitary and phytosanitary measures. The full sps agreement is available here on the wto website. 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 requirement that these measures are not applied in.
Under the sps agreement, wto may force a nation to choose between weakening its health standards for humans, animals, or plants,3 or paying an international penalty. Rules of procedure for meetings of the committee on sps measures rules of procedure for sessions of the ministerial conference and meetings of the general council working procedures of the committee 3. Phytosanitary measures agreement sps agreement7 of the world trade organization wto prescribes scientific risk assessment as a basis for measures dealing with risks to human, animal and plant life or health. Sps agreement nepal became 147th member of the wto on 23rd april 2004 nepal will now be obliged to implement the technical regulations and standards trs related agreements with some transition period. It also pays particular attention to the position of developing countries under the sps agreement. The wto agreements comprise the agreement establishing the world trade organization and its annexes. It concerns the application of food safety and animal and plant health regulations. The object is not to limit the right of members to set a standard which they consider to be the appropriate. Pdf the impact of sanitary and phytosanitary measures. Wto rules governing technical barriers to trade applied for human health protection are covered by. Document symbol gspsnche83 sanitary and phytosanitary. The definitions in annex a of the sps agreement are incorporated into this chapter and shall form part of this chapter, mutatis mutandis. The sps agreement provides a framework of rules to guide wto members in the development, adoption and enforcement of sanitary human or animal life or health and phytosanitary plant life or health measures which may affect trade. Stcs raised by wto members, 19952014 sps committee the sps committee provides a forum for wto members to exchange information on all aspects of the implementation of the sps agreement.
Wto sps agreement through the designation of a wider range of health and environmental regulations affecting trade as sps measures. The united kingdom will provide draft texts for notified measures coming into force after the transition period and beyond and a period of 60 days will generally be allowed for comments. All 159 wto members observer governments acceding members intergovernmental organizations 4 new wto members in 2012. The sps agreement recognises the oie as the relevant international organisati on responsible for the development and. The wto agreements series sanitary and phytosanitary measures. Sps measures human or risks arising from additives, animal health contaminants, toxins or disease.
The wto agreement on the application of sanitary and phytosanitary measures sps article pdf available january 2005 with 1,612 reads how we measure reads. Members may have measures with higher alop than international standards but in accordance with art. Agreement on the application of sanitary and phytosanitary measures text of the sps agreement 2. Content of sps notifications basic info on all spsrelated documents. Who isbn 92 4 156214 5 wto isbn 9287012237 printed by the wto secretariat. Phytosanitary measureshereinafter 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 organisms in food. The sps agreement also has three annexes giving definitions of various terms, and elaborating on certain obligations in the body of the sps agreement. Analysis of the world trade organization sps agreement. All countries that become members of the wto are bound by the sps agreement. First, where provisional measures are adopted under article 5. Stcs raised in the sps committee, 19952014 chart 3. The 2014 report on sanitary and phytosanitary measures sps report is a specialized report dedicated to describing significant barriers to u. Plants, plant products and all matter liable to harbour or spread particularly dangerous pests, including soil and growing medium.
This procedure is not intended to prejudice in any way the process or outcome of the work of other wto bodies. The wto agreement on the application of sanitary and phytosanitary measures 2. Equivalence in the wto agreement on the 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. Purpose of the wto agreement on the application of. Scientific colleagues concerned about usda phytosanitary programs from. Risk assessment techniques, adopted as a basis for health and environmental decision. The sps agreement of the wto is the latest and so far most comprehensive attempt to do so although the rules of the gatt agreed upon in 1948 also. 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. Governments adopting measures to protect human, animal, and plant life and health have to comply with a plethora of obligations, exceeding the disciplines contained in the gatt and the tbt. Negotiated in parallel to ur negotiations 198694 on aoa concern countries might turn to the use of ntbs to protect domestic agricultural sectors that would negate benefits from reducing tariffs and subsidies tbt agreement. The wto sanitary and phytosanitary sps agreement what does the sps agreement say.
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