1. This Agreement shall apply to all sanitary and phytosanitary measures which may directly or indirectly affect international trade. Those measures shall be developed and applied in accordance with this Agreement. (d) the accession and participation of the Member or entities concerned in its territory in international and regional sanitary and phytosanitary organizations and systems, as well as in bilateral and multilateral agreements and arrangements falling within the scope of this Convention, and the wording of such agreements and arrangements. 4. risk assessment, assessment of the likelihood of intrusion, establishment or spread of a pest or disease on the territory of a Member State authorised to import in accordance with any sanitary or phytosanitary measures that may be applied and the associated potential biological and economic consequences; or the assessment of the potential for adverse effects on human or animal health resulting from the presence of additives, contaminants, toxins or pathogenic organisms in food, beverages or feed. Trade in products subject to SPS-type measures can lead to significant economic gains for economies. [13] However, prioritizing economic concerns over other important health policy issues requires careful consideration by governments and the international community. [14] The SPS Agreement increases the transparency of sanitary and phytosanitary measures. Countries should establish SPS measures based on an appropriate assessment of the actual risks and, upon request, communicate the factors they have taken into account, the assessment procedures they have used and the risk they consider acceptable. Although many governments already apply risk assessment in their management of food safety and animal and plant health, the SPS Agreement encourages the wider application of systematic risk assessment to all WTO member governments and all relevant products. While art. 1.5 The CTA excludes SPS measures from its scope, EC-Biotech`s panel has acknowledged that situations may arise where a measure is only partially a PLC measure and, in such cases, the SPS part of the measure is taken into account under the SPS Agreement.
[12] Where a measure under Article 2(4) of the SPS Agreement complies with the single payment scheme, the measure is considered to fall within the scope of Article XX(b) of the GATT. SpS measures are defined by the World Trade Organization as follows: “Any measure applied: The decision to open the Uruguay Round of trade negotiations was taken after years of public debate, including debates in national governments. The decision to negotiate an agreement on the application of sanitary and phytosanitary measures was taken in 1986 at the launch of the Round. The SPS negotiations were open to the 124 governments that had participated in the Uruguay Round. Many governments were represented by their food safety or animal and plant protection officials. Negotiators also drew on the expertise of international technical organisations such as FAO, Codex and OIE. 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 the event of a trade dispute concerning a sanitary or phytosanitary measure, the usual WTO dispute settlement procedures will be applied and the advice of appropriate scientific experts may be sought. 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.
It concerns the application of the rules on food safety and animal and plant health. This includes sanitary and phytosanitary measures to protect the health of fish and wildlife as well as forests and wild animals. 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. Importers of food and other agricultural products also benefit from greater security with regard to border measures. The basis for trade-restricting sanitary and phytosanitary measures is clarified by the SPS Agreement, as well as the basis for requiring requirements that may be unjustified. It also benefits the many processors and commercial users of imported food, animals or plant products. The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) aims to strike a balance between the right of governments to protect food safety and plant and animal health and to prevent these sanitary and phytosanitary measures from becoming unjustified barriers to trade. Least-developed country Members may defer the application of the provisions of this Agreement with respect to their sanitary or phytosanitary measures on imported or imported products for a period of five years from the date of entry into force of the WTO Agreement. Other developing countries that are Members may defer for two years the application of the provisions of this Agreement, with the exception of Articles 5(8) and 7, with respect to their existing sanitary or phytosanitary measures concerning imported or imported products, if such application is prevented by a lack of technical expertise; infrastructure or technical resources. The SPS Committee established by the SPS Agreement to monitor its implementation has reviewed the operation and implementation of the Agreement three times since its entry into force in 1995 (1).
A report on the third review makes it clear that the SPS Agreement has established an effective framework for rules on trade measures to protect food safety — plant and animal health. Many governments have enshrined the main obligations of the SPS Convention in their national regulations. They shall first assess whether the application of any of the relevant international standards2 could ensure the level of health protection that the country deems appropriate and, if so, base their requirements on an assessment of the health risks associated with trade in the product. The SPS Committee has developed guidelines to help governments ensure a consistent approach in determining their acceptable levels of risk and in choosing measures to achieve that risk.3 All countries have measures in place to ensure that food is safe for consumers and to prevent the spread of pests or diseases among animals and plants. .
