The WTO Agreement on the Application of SPS Measures

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The WTO Agreement on the Application of SPS
Measures

• Prof. Elisaveta Stikova M.D., Ph.D.
• School of Medicine
• University St. Cyril and Methodius Skopje
• Republic of Macedonia

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Why this lecture?

• Need for protection of human, animal and plant
  life and health,
• Food Safety as a public health priority,
• Need for harmonization of food legislation
• The influence of international recommendations on
  the national food legislation.

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Learning Objectives

• To introduce the students to the role of
  international standards, rules, guidelines and
  recommendations for the protection of human,
  animal and plant life and health.

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Performance Objectives

• Definition of Sanitary and
  Phytosanitary (SPS) Measures
• Harmonization of legislation,
• Risk Assessment,
• Appropriate level of SPS measures,
• Transparency.

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SPS Agreement, Article 2.1.
All countries have rights to take Sanitary and
Phytosanitary (SPS) Measures for protection of
human, animal and plant life and health
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International trade influences

• Promotion of the economic development,
• Alleviation of poverty.
  
• SPS measures may influence on
• many restrictions in international trade.

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SPS measures

• 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.

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Definition of SPS Measures (1)

• To protect
• human or
• animal life

• From
• additives,
• contaminants,
• toxins
• disease-causing
• organisms

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Definition of an SPS Measures (2)

• To protect
• human life

• From
• plant-carried or
• animal-carried
• diseases (zoonoses)

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Definition of an SPS Measures (3)

• To protect
• animal or plant life

• From
• pests,
• diseases or
• disease-causing organisms

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Definition of an SPS Measures (4)

• To protect
• a country

• From
• damage caused by the entry,
• establishment or
• spread of pests

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An important footnote

• animal includes wild fauna, fish,
• plant includes forests, wild flora
• pests include weeds,
• contaminants include pesticides, veterinary
  drug residues, extraneous matter.

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What type of measures?
All measures with SPS purpose including

• Product criteria,
• Quarantine measures,
• Processing requirements,

• Certifications,
• Inspection,
• Testing,
• Health-related labeling

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Legal obligations of other WTO agreements

• Environmental protection,
• Protection of consumers interests,
• Welfare of animals.

They are addressed by other WTO agreements - TBT
Agreement or Article XX of GATT 1994
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Differences between SPS and TBT Agreements

• TBT
• Based on legitimate objective
• - national security,
• - prevention from deceptive
• practice,
• - environmental protection,
• Scientific evidence - one element to consider.

• SPS
• Based on risk assessment,
• Based on scientific evidence,
• Risk assessment from pests, diseases, additives,
  contaminants, toxins...

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Beneficiaries of the SPS Agreement

• The consumers,
• The exporters of agricultural products,
• The importers of food and other agricultural
  products.

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The SPS Agreement helps(1)

• To ensure that consumers are being supplied with
  safe food to eat safe by the appropriate
  standards,
• To ensure that safety regulations are not being
  used as an excuse for protection of domestic
  producers.

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The SPS Agreement helps(2)

• To eliminate the unnecessary and unjustified
  trade barriers,
• To support international competition among
  producers regarding safer and healthier food
  production,
• To provide greater choice of safe foods for
  consumers on the market,

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The SPS Agreement helps(3)

• 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.

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Key Principles of SPS Measures

• Harmonization,
• Risk assessment,
• Appropriate level of protection,
• Regional conditions,
• Transparency.

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Harmonization (1)

• Harmonization means
• Establishment,
• Recognition and
• Application of

Common SPS measures by different countries.
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Harmonization (1)

• Establishment,
• Recognition and
• Application of

• common SPS measures by different countries.

Harmonization means
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Harmonization (2)

• The SPS Agreement identifies 3 International
  organizations responsible for harmonization
  and standard setting.

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Harmonization (3)

• The International Organizations are
• Codex Alimentarius for food safety and human
  health,
• International Office of Epizootics for animal
  health and zoonoses,
• International Plant Protection Convention for
  plant health.

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Risk assessment

• (1)
• The evaluation of the likelihood of entry,
  establishment or spread of a pest or disease
  within the territory of an importing country
  according to association with potential
  biological or economic consequences

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Risk assessment

• (2)
• The evaluation of the potential for adverse
  effects on human or animal health arising from
  the presence of additives, contaminants, toxins
  or disease-causing organisms in food, beverages
  or feedstuffs.

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Appropriate level of sanitary or phytosanitary
protection

• The level of protection deemed appropriate by
  the country establishing a sanitary or
  phytosanitary measure to protect human, animal or
  plant life or health within its territory.
• Many countries refer to this concept as the
  acceptable level of risk.

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Pest- or disease-free area means

• An area, whether all of a country, part of a
  country or all or parts of several countries, as
  identified by the competent authorities, in which
  a specific pest or disease does not occur.

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Area of low pest or disease prevalence

• An area, whether all of a country, part of a
  country, or all or parts of several countries, as
  identified by the competent authorities, in which
  a specific pest or disease occurs at low levels
  and which is subject to effective surveillance,
  control or eradication measures

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Transparency (1)

• Achievement of greater degree of
• Clarity,
• Predictability and
• Information

regarding trade policy, rules and procedures of
WTO
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Transparency (2)

• There are three different fields of activities
• Publishing regulations,
• Notifications,
• Information.

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Enquiry points (1)

• An office designated to receive and respond to
  any requests for information regarding the
  countrys SPS measures.

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Enquiry Points (2)

• Locations of the Enquiry Points at the WTOs
  home page
• Documents on Line", search document symbol
  "SPS/ENQ/").

http//www.wto.org
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Committee on Sanitary and Phytosanitary Measures
is

• Forum for consultations about food safety or
  animal and plant health measures which affect
  trade,
• Support for the implementation of the SPS
  Agreement.