Sanitary and Phytosanitary Measures

SUBMITTED TO: DR. RASHMI AGGARWAL FACULTY, INTERNATIONAL TRADE LAWS IMT GHAZIABAD PRESENTED BY:

GROUP 2 AYUSHEE DATTA 12EX-010 SONAL SINGHAL 12EX-048 UMESH GUPTA 12EX-053

SANITARY & PHYTOSANITARY MEASURES

Requirement: Ensuring that your countrys consumers are being supplied with food that is safe to eat safe by the standards considered appropriate AND Ensuring that strict health and safety regulations are not being used as an excuse for protecting domestic producers

The Agreement on the Application of SPS Measures (the SPS Agreement) sets out the basic rules for food safety and animal and plant health requirements.

SANITARY & PHYTOSANITARY MEASURES

Sanitary refers to human and animal health, including food safety, and phytosanitary means plant health. For the purposes of the SPS Agreement, sanitary and phytosanitary measures are defined as any measures applied:
To protect human or animal life from risks arising from additives, contaminants, toxins or diseasecausing organisms in their food or beverages

To protect human life from plant- or animal carried diseases (known as zoonoses)

To protect animal or plant life from pests, diseases, or diseasecausing organisms

To prevent or limit other damage to a country from the entry, establishment or spread of pests

THE AGREEMENT
The agreement allows countries to set their own standards. However, it specifies that regulations must be based on scientific findings and should be applied only to the extent that they are necessary to protect human, animal or plant life or health; they should not unjustifiably discriminate between countries where similar conditions exist. WTO member countries have the liberty to use measures which result in higher levels of health protection, given the measures are based on an appropriate assessment of risks and approach is consistent.

Various forms of measures requiring products to come from disease free area, inspection of products, specific treatment or processing of products, setting allowable maximum levels of pesticide residues or limiting the permitted use of additives in food.

SPS FLOWCHART
Article 1 General provisions Article 2 Basic rights & obligations Article 3 Harmonization Article 4 Equivalence Article 5 Assessment of risks & determination of appropriate level of SPS protection Article 6 Adaptation to regional conditions, incl. pest or disease free areas & areas of low pest or disease prevalence Article 7 Transparency Article 8 Control, inspection & approval procedures Article 9 Technical assistance Article 10 Special & differential treatment

Sanitary & Phytosanitary Measures (SPS)

Article 11 Consultations & dispute settlement Article 12 Administration

Article 13 Implementation

Article 14 Final provisions

ARTICLES
Article 1 General Provisions

Applies to all SPS which may, directly or indirectly, affect international trade. Such measures shall be developed and applied in accordance with the provisions of this Agreement.
Article 2 Basic Rights and Obligations Right to take SPS measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement Measures need to be applied only to the extent necessary to protect human, animal or plant life or health, based on scientific principles and not maintained without sufficient scientific evidence, except as provided for in paragraph 7 of Article 5 SPS should not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail

ARTICLES (CONTD)
Article 3 Harmonization Members shall base their sanitary or phytosanitary measures on international standards, guidelines or recommendations Sanitary or phytosanitary measures which conform to international standards, guidelines or recommendations shall be deemed to be necessary to protect human, animal or plant life or health, and presumed to be consistent with the relevant provisions of this Agreement and of GATT 1994 Members may introduce or maintain sanitary or phytosanitary measures which result in a higher level of sanitary or phytosanitary protection than the measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, but these different measures shall not be inconsistent with any other provision of this Agreement

ARTICLES (CONTD)
Article 4: Equivalence Members shall accept the sanitary or phytosanitary measures of other Members as Equivalent if the exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Members appropriate level of sanitary or phytosanitary protection Reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant procedures Article 5: Assessment of Risk and Determination of the Appropriate Level of Sanitary or Phytosanitary Protection Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations Members shall take into account available scientific evidence Members shall take into account as relevant economic factors

ARTICLES (CONTD)
Article 5 (contd) take into account the objective of minimizing negative trade effects shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, and seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time an explanation of the reasons for such sanitary or phytosanitary measure may be requested and shall be provided by the Member maintaining the measure

ARTICLES (CONTD)

Article 6: Adaptation to Regional Conditions, Including Pest- or DiseaseFree Areas and Areas of Low Pest or Disease Prevalence To assess the sanitary or phytosanitary characteristics of a region take into account the level of prevalence of specific diseases or pests, the existence of eradication or control programmes, and appropriate criteria or guidelines

Recognize the concepts of pest- or disease-free areas and areas of low pest or disease prevalence
Exporting Members claiming that areas within their territories are pest- or disease-free areas or areas of low pest or disease prevalence shall provide the necessary evidence or objectively demonstrate to the importing Member

ARTICLES (CONTD)
Article 7:Transparency

Notify changes in sanitary or phytosanitary measures and shall provide information in accordance with the provisions of Annex B (Transparency of sanitary and phytosanitary regulations

Article 8: Control, Inspection and Approval Procedures Members shall observe the provisions of Annex C (Control, inspection and approval procedures) in the operation of control, inspection and approval procedures, including national systems for approving the use of additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs, and otherwise ensure that their procedures are not inconsistent with the provisions of this Agreement

ARTICLES (CONTD)
Article 9: Technical assistance Technical assistance particularly to least developed and developing countries, in the form of (processing technologies, research & infrastructure, establishment of national regulatory bodies, advice, credits, donations & grants, technical expertise, training & equipment) to allow the countries to adjust to, and comply with, SPS measures necessary to achieve the appropriate level of SPS protection in their export markets Any substantial investments required by exporting developing country to fulfil SPS requirements of an importing Member, the latter shall consider providing such technical assistance Article 10: Special and differential treatment Members should take account of the needs of the least developed and developing countries in the preparation and application of SPS measures While introduction of new SPS measures, if the scope allows, the developing countries should be provided longer time-frames for compliance so as to maintain opportunities for their exports With a view to ensure that developing countries are able to comply with the provisions, the Committee should grant time-limited exceptions, taking into account their financial, trade and development needs Members should encourage and facilitate the active participation of developing countries in the relevant international organizations

ARTICLES (CONTD)
Article 11: Consultations & dispute settlement Articles XXII and XXIII of GATT 1994 by Dispute Settlement Understanding are applied In a dispute involving scientific/technical issues, a panel seeks advice from experts chosen by the panel in consultation with the parties to the dispute Article 12: Administration Nothing shall impair the rights of Members under other international agreements SPS Committee is established to provide consultations, monitor & review standards Encourages & facilitates ad hoc consultations , use of international standards and sponsors technical consultation to increase coordination and integration between international and national systems Maintain close contact with international organizations, especially Codex, OIE and IPPC, to secure best scientific & technical advice and to avoid duplication of effort Monitor international harmonization. Establish a list of international standards in conjunction with international organizations which could have a major trade impact

ARTICLES (CONTD)
Article 13: Implementation Members are fully responsible for the observance of all obligations set forth Formulate & implement positive measures & mechanisms in support of the Agreement by other than central government bodies Shall not take 36 WTO Agreements Series measures which may encourage nongovernmental entities to act in a manner inconsistent with the agreement Ensure that they rely on the services of nongovernmental entities for implementing SPS measures only if these entities comply with the provisions of this Agreement Article 14: Final Provisions The lest developed countries may delay application of this Agreement for a period of 5 years following the date of entry into force of WTO Agreement w.r.t. SPS measures Other developing countries may delay the application, other than Article 5 (paragraph 8) and Article 7, for 2 years following the date of entry into force of WTO Agreement w.r.t SPS measures

Thank You!