Agreement on Sps and Tbt

Although in the 47 years of previous GATT dispute settlement procedures, only one panel has been tasked with examining sanitary or phytosanitary trade disputes, ten complaints about new commitments have been formally submitted in the first three years of the SPS Agreement. This is not surprising since, for the first time, the agreement clarifies the basis for challenging sanitary or phytosanitary measures that restrict trade and may not be scientifically justified. The challenges covered topics as diverse as inspection and quarantine procedures, animal diseases, expiry dates, the use of veterinary drugs in animal husbandry and beverage disinfection treatments. Dispute resolution bodies were invited to review four of the complaints; other complaints have been or should be resolved in accordance with the mandatory bilateral consultation procedure. The WTO Secretariat has prepared this text to facilitate public understanding of the SPS Agreement. It is not intended to provide a legal interpretation of the Agreement. Measures for the protection of the environment (with the exception of the definition above), the protection of consumer interests or animal welfare are not covered by the SPS Convention. However, these concerns are addressed by other WTO Agreements (i.e. the TBT Agreement or Article XX of the GATT 1994). Specific sanitary and phytosanitary requirements are most often applied on a bilateral basis between trading countries. Developing countries benefit from the SPS Agreement because it provides an international framework for sanitary and phytosanitary arrangements between countries, regardless of their political and economic strength or technological capabilities.

In the absence of such an agreement, developing countries could be disadvantaged when challenging unjustified trade restrictions. In addition, governments must accept products introduced under the SPS Agreement that meet their safety requirements, whether these products are the result of simpler and less sophisticated methods or advanced technology. Increased technical assistance to support developing countries in the area of food safety and animal and plant health, whether bilaterally or through international organizations, is also part of the SPS Agreement. All governments of WTO member States must maintain an enquiry point, a designated body, to receive and respond to all requests for information on that country`s sanitary and phytosanitary measures. Such requests may include copies of new or existing rules, information on relevant agreements between two countries or information on risk assessment decisions. The addresses of the enquiry points can be found here. The objective of the transparency provisions of the SPS Agreement is to ensure that measures taken to protect human, animal and plant health are made known to the interested public and trading partners. The agreement requires governments to publish all sanitary and phytosanitary regulations without delay and, at the request of another government, provide an explanation of the reasons for a particular food safety or animal or plant health requirement. In the event of a dispute over SPS measures, the Panel may request scientific advice, including by convening a group of technical experts. If the panel finds that a country is in breach of its obligations under a WTO agreement, it will generally recommend that the country align its measure with its obligations.

This could include, for example, procedural changes in the way a measure is applied, a modification or total removal of the measure, or simply the elimination of discriminatory elements. Although a number of developing countries have excellent food safety, veterinary and phytosanitary services, others do not. For them, the requirements of the SPS Convention pose a challenge to improving the health situation of their people, livestock and crops, which can be difficult for some to meet. As a result of these difficulties, all the requirements of the SPS Agreement, with the exception of those relating to transparency (notification and establishment of enquiry points), have been postponed to 1997 for developing countries and 2000 for least developed countries. This means that these countries are not required to provide a scientific justification of their sanitary or phytosanitary needs before that date. Countries that need longer deadlines, for example to improve their veterinary services or to implement specific obligations under the Agreement, may request the SPS Committee to grant them additional time. In the Tokyo Round of multilateral trade negotiations (1974-79), an Agreement on Technical Barriers to Trade was negotiated (1979 TBT Agreement or "Code of Standards") (see footnote 2). Although this agreement was not developed primarily to regulate sanitary and phytosanitary measures, it covered technical requirements arising from food safety and animal and plant protection measures, including pesticide residue limits, inspection requirements and labelling. Governments that were members of the 1979 TBT Convention have agreed to apply relevant international standards (such as food safety standards developed by Codex) unless they consider that such standards would not adequately protect health. They also agreed to inform other governments, through the GATT Secretariat, of all technical regulations that are not based on international standards. The 1979 TBT Agreement contained provisions for the settlement of trade disputes arising from the application of food safety and other technical restrictions. One of the provisions of the SPS Agreement is the obligation for members to facilitate the provision of technical assistance to developing countries, either through relevant international organizations or bilaterally.

FAO, OIE and WHO have set up extensive programmes to support developing countries in food safety and animal and plant health. A number of countries also maintain extensive bilateral programmes with other WTO Members in these areas. The WTO Secretariat has organized a programme of regional seminars to provide developing countries (and countries in Central and Eastern Europe) with detailed information on their rights and obligations under this Agreement. These seminars are organised in collaboration with Codex, the OIE and the IPPC to ensure that governments are fully aware of the role these organisations can play in helping countries meet their needs and the benefits of the SPS Agreement. Interested private sector associations and consumer organisations may participate in the seminars. The WTO Secretariat also provides technical assistance through national workshops and governments through their representatives in Geneva. In addition, sanitary and phytosanitary measures may be imposed only to the extent necessary for the protection of human, animal or plant health on the basis of scientific information. However, governments can introduce TBT regulations if necessary to achieve a number of objectives, such as . B national security or the prevention of fraudulent practices. Since the commitments made by governments under the two agreements are different, it is important to know whether a measure is a sanitary or phytosanitary measure or a measure subject to the TBT Convention. Who benefits from the implementation of the PLC agreement? Is the agreement in the interests of developing countries? Within the WTO, a special committee has been established as a forum for the exchange of information between the governments of member States on all aspects related to the implementation of the SPS Agreement.

The SPS Committee verifies compliance with the agreement, discusses issues with potential trade implications and maintains close cooperation with relevant technical organisations. In a trade dispute concerning a sanitary or phytosanitary measure, the usual WTO dispute settlement procedures are applied and the advice of appropriate scientific experts may be sought. .