SPS AND TBT

WTO Agreement on Application of

Sanitary and Phytosanitary (SPS)
Measures
Purpose of the SPS Agreement

Scope

Implementation/Administration of SPS Agreement
Purpose of the SPS Agreement:

establishes a multilateral rules-based system by
which national/regional SPS measures are to
applied;

aims to achieve harmonization of national
SPS measures;

recognizes the sovereign right of all WTO
Members to employ SPS measures to protect
human, animal or plant life or health;
Purpose of the SPS Agreement,
Continued:
permits application of SPS measures provided:

they are not arbitrary or unjustifiable;

they do not discriminate between otherwise like or
similar domestic and imported products or between
otherwise like or similar imports from different
countries; AND

they are not utilized as disguised restrictions on
international trade
Scope of the SPS Agreement:
Covers all sanitary and phytosanitary
(phyto) measures that may directly or
indirectly affect international trade,
particularly those intended:

to protect animal or plant life or health from
risks from the entry, establishment or spread of
pests, diseases, disease-carrying organisms or
disease-causing organisms;
Scope of the SPS Agreement -
Continued:
to protect human or animal life from risks
arising from additives, contaminants, toxins or
disease-causing organisms in foods, beverages
or foodstuffs;
to protect human life or health from risks
arising from diseases carried by animals, plants
or products thereof, or from the entry,
establishment or spread of pests; or
to prevent or limit other damage from the
entry, establishment or spread of pests.

Scope of the SPS Agreement -
continued:
Measures -- all relevant decrees, regulations,
requirements and procedures including, among
other things:

End product criteria;

processes and production methods (PPMs);

quarantine treatments, including relevant requirements
associated with transport of animals or plants or materials
associated with their survival;

sampling procedures and methods of risk assessment; and

packaging and labeling requirements directly related to food
safety
Implementation/Administration of the
SPS Agreement
Committee on SPS Measures
Facilitates consultations and negotiations
Encourages the use of relevant International
Standards
Promotes integration of national and international
approaches
Secures best available scientific and technical
advice from relevant international organizations
specializing in SPS protection
Implementation/Administration of the SPS
Agreement - continued
International Organizations:
Codex Alimentarius Commission
(human life & health food safety)
International Office of Epizootics
(animal life & health or zoonoses)
Secretariat of the International Plant Protection
Convention (plants and plant products)
International Plant Protection Convention
(IPPC)
Achieving biosecurity while
facilitating international trade
Biosecurity
International Trade
Governance
Secretariat
Standards Committee
International Plant Protection Convention
(IPPC) - continued
Biosecurity
Food Safety

Conservation of the Environment

Sustainability of Agriculture
International Plant Protection
Convention (IPPC) - continued
International Trade

International Standards developed with IPPC

Scientific/technical justification

Provisional Emergency measures in absence of
scientific certainty of risk

Choose least trade restrictive policy
International Plant Protection
Convention (IPPC) - continued
IPPC Governance

Interim Commission on Phytosanitary
Measures (ICPM)

IPPC Secretariat

Standards Committee
IPPC Governance
Interim Commission on Phytosanitary Measures
(ICPM)

Comprised of Treaty Party Representatives

Adopts ISPMs
IPPC Governance
IPPC Secretariat

Standards Activity Coordination

Information Exchange

Technical Assistance

IPPC Governance
IPPC Standards Committee

Assists in development of ISPMs

Manages Standard-Setting Process

WTO Technical Barriers
to Trade Agreement

Purpose of the TBT Agreement
Scope of the TBT Agreement
Major Principles

Purpose of the TBT Agreement
To further the GATT 1994 Objectives
To encourage development of international
standards
To promote international harmonization of national /
regional regulations and standards
To prevent regulations and standards from creating
unnecessary obstacles to trade
Purpose of TBT Agreement
(continued)
Recognizes sovereign right to take measures to
protect human, animal or plant life or health,
provided:
they are not arbitrarily or unjustifiably applied in a
discriminatory manner

Recognizes international standardization can
contribute to technology transfers


Scope of TBT Agreement
Very Broad
Covers all technical regulations, standards and conformity
assessment procedures other that SPS measures

Covers products, processes and services

Covers all products, including industrial AND agricultural
products

Covers all standards prepared by recognized
standardization bodies, whether or not they are based on
consensus

Scope of TBT Agreement
Definitions
Technical Regulation
A document laying down product characteristics or
their related processes and production methods
(PPMs), including applicable administrative
provisions AND

With which compliance is MANDATORY

May also include or deal exclusively with:
terminology - packaging - labeling
symbols - marking

Scope of TBT Agreement
Definitions (continued)
Standards
A document approved by a recognized body that
provides for common & repeated use, rules, guidelines
or characteristics AND

With which compliance is NOT MANDATORY

May also include or deal exclusively with:
terminology - packaging - labeling
symbols - marking
Scope of TBT Agreement
Definitions (continued)
Conformity Assessment
Any procedure used directly or indirectly to
determine that relevant requirements in technical
regulations or standards are fulfilled

May include, among other things, procedures for:
sampling, testing & inspection
evaluation
verification & assurance of conformity
registration, accreditation, and approval

The TBT Agreement
Major Principles(Tech Regs)

National Treatment
No less favorable treatment than...

No Unnecessary Obstacles to Trade
No more trade restrictive than necessary to fulfill a
legitimate objective
Considering the risks of non-fulfillment
When assessing the risks, consider:
available scientific and technical info
related processing technology
intended end-uses of products
The TBT Agreement
Major Principles (Tech Regs) (continued)

Use Relevant International Standards
Rebuttable Presumption of No Obstacle to Trade
Use Equivalent National Standards of other WTO
Members, Even if Differ from your own
If Develop Own Which May Have Significant Effect
on Trade, Provide Justification
Early Detailed Notification
Transparency

The TBT Agreement
Major Principles (Standards) (continued)
Do NOT take measures that encourage local
government and non-governmental bodies to act
inconsistent with Code of Good Practice

Take reasonable measures to ensure that they follow
the Code of Good Practice

WTO Members are held responsible for the activities
of such bodies whether or not they have accepted
the Code of Good Practice
The TBT Agreement
Major Principles (Standards) (continued)
Code of Good Practice
National Treatment
No Unnecessary Obstacles to Trade
Use Relevant International Standards
Specify Performance-Based (Rather than Process-Based)
Standards
Notification
Transparency
Market Relevance