The
aim of the Agreement on the Application of Sanitary and Phytosanitary
Measures (SPS Agreement) is to maintain the sovereign right of any
government to provide the level of health protection it deems appropriate,
but to ensure that these rights are not misused for protectionist
purposes and do not result in unnecessary barriers to international
trade.
Members
may apply only those sanitary and phytosanitary measures necessary
for the protection of food safety and animal and plant health. Such
measures will be based, as far as possible, on the analysis and assessment
of objective scientific data. The SPS Agreement encourages governments
to establish national SPS measures consistent with international standards,
guidelines and recommendations (ie. to "harmonize" their
requirements).
Specifically,
the Agreement refers to the standards and guidelines developed for
food safety by the FAO/WHO Codex Alimentarius Commission, for animal
health by the International Office of Epizootics, and for plant health
by the FAO International Plant Protection Convention. These standards
were developed by leading scientists in the field and governmental
experts on health protection. They are subject to international scrutiny
and review.
Where
no relevant international standard exists, or if Members choose not
to base their measure on an international standard, Members will establish
SPS measures on the basis of an appropriate assessment of the actual
risks involved. The Agreement clarifies which factors will be taken
into account in the risk assessment. If a national requirement results
in a greater restriction of trade than if based on an international
standard, Members may be challenged to show a scientific justification
for the measure. Alternatively, they may demonstrate that the relevant
international standard would not result in the level of health protection
the country considered acceptable.
Members
will have to accept that different methods used in exporting Members
may provide equivalent health protection. In addition, in many instances
an importing Member can use any one of a number of alternatives to
ensure an acceptable level of risk. In deciding among alternative
measures which provide the same level of food safety or animal and
plant health, governments are to apply those which least restrict
trade if they are technically and economically feasible.
The
SPS Agreement requires Members to recognize geographic areas free
of specific pests or diseases, and to adapt their requirements based
on the area from which the product originates and the area to which
it is destined. Unjustified discrimination, whether in favour of domestic
producers or among foreign suppliers, is not permitted.
Sanitary
and phytosanitary requirements which restrict trade will have to be
notified through the WTO Secretariat, and national inquiry points
set up to respond to requests for information. Members will also need
to be open to scrutiny on how they apply their food safety, animal
and plant health regulations.
A
Committee will be established to review compliance with the Agreement,
discuss matters with potential trade impact, and to maintain close
co-operation with the appropriate technical organizations. In a trade
dispute regarding a sanitary or phytosanitary measure, the normal
WTO dispute settlement procedures will be used, and advice from appropriate
scientific experts may be sought.
Developing
countries have at times found access to markets for their agricultural
exports unexpectedly blocked by sanitary and phytosanitary restrictions
which they had no means of challenging. The SPS Agreement requires
that all such restrictions be transparent and justified, and encourages
Members to use internationally developed standards. In addition, different
means of achieving certain levels of health protection must be recognized
as being equivalent, which should result in greater acceptance of
the safety practices of developing countries. Many developing countries
have based their sanitary and phytosanitary measures on the standards
developed by international bodies, particularly the Codex standards
for food safety, so their requirements would generally be considered
as justified under the terms of the SPS Agreement
