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SPS AGREEMENT

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					          World Trade Organization
Introduction to the SPS and TBT
                Agreements


Prepared by:
Dr Lahsen Ababouch
Chief, Fish Utilization and Marketing Service
Food and Agriculture Organization of United Nations
Rome, Italy
      World trade Organization
      SPS/TBT agreements
         Introduction

   Trade Liberalization
   Maximal food safety and quality
   Minimal Technical Obstacles to
    trade
    World Trade organization
    SPS/TBT Agreements

Animal health and plant
 protection
 Safe and quality food,
 Fair trade practices
         SPS/TBT Agreements
          General Principles
   Sovereignty
    Harmonisation
    Transparency
    Equivalency
    Scientific basis
   Special and differential treatment
   Technical Assistance
   Consultation and dispute settlement
       SPS/TBT Agreements
    Protection vs. Protectionism
 Necessary to achieve an ALOP but should
 not use SPS and technical standards to
 shield domestic producers from foreign
 competition
 Pressure to do so is high as other trade
 barriers (tariffs and quotas) are reduced
 Their technical complexity makes SPS
 measures and standards a particularly
 deceptive and difficult barrier to challenge
        SPS/TBT Agreements
            SPS vs. TBT
 SPS cover health (human, animal and plant)
 protection measures
 The TBT Agreement covers all technical
 requirements, voluntary standards and the
 procedures (Conformity assessment
 procedures) to ensure that these are met,
 except when these are SPS measures as
 defined by the SPS Agreement
 TBT measures can cover all consumer
 products, from car safety to energy-saving
 devices to food packaging
The Agreement on the Application
  of Sanitary and Phytosanitary
            Measures
              SPS AGREEMENT
     Article 1- General Provisions
 Agreement   applies to all Sanitary and
  Phytosanitary Measures which affect
  International Trade
 Definitions in Annex A shall apply
 Annexes are an integral part of Agreement
 TBT Agreement rights are protected and are
  unaffected by the SPS Agreement
              SPS AGREEMENT
                  Annex A
                 Definitions
 Sanitary - Phytosanitary Measures
 Harmonization
 International Standards, Guidelines,
  Recommendations
 Risk Assessment
 Appropriate Level of Protection
 Pest or Disease Free Areas
 Areas of Low Pest/Disease Prevalence
             SPS AGREEMENT
                 Annex A
                Definitions

     Sanitary/Phytosanitary Measures

Any Measure applied to Protect Animal or
Plant Life or Health from Risk related to the
establishment or spread of
     Pests or diseases

     Disease-carrying organisms

     Disease-causing organisms
           SPS AGREEMENT
                Annex A
              Definitions
    Sanitary/Phytosanitary Measures

Any measure applied to Protect Human and
Animal Life or Health from Risks from
    improper use of food additives

    contaminants

    toxins

    disease causing organisms in foods,
     beverages or feedstuffs
           SPS AGREEMENT
               Annex A
              Definitions

    Sanitary/Phytosanitary Measures
Any Measures Applied to Protect Human Life
or Health from diseases carried by
     animals

     plants

     animal/plant products
           SPS AGREEMENT
               Annex A
              Definitions

    Sanitary/Phytosanitary Measures

Any Measure Applied to Prevent or Limit
Damage from
    the entry of Pests

    the establishment of Pests

    the spread of Pests
              SPS AGREEMENT
          Annex A - Definitions
   Sanitary/Phytosanitary Measures
 include all laws, decrees, regulations,
requirements and procedures related to
 end  product criteria    quarantine treatments
 processes                statistical methods
 production methods       sampling procedures
 testing                  risk assessment
 inspection               packaging
 certification            labelling
 approval procedures
          SPS AGREEMENT
              Annex A
             Definitions

           Harmonization

Establishment, Recognition and Application
of Common Sanitary/Phytosanitary
Measures by Members
            SPS AGREEMENT
                Annex A
               Definitions

    Codex Alimentarius Commission
Standards, Guidelines, and Recommendations
for Food Safety
    Food Additives
    Veterinary Drug and Pesticide Residues

    Contaminants

    Methods of Analysis and Sampling

    Codes /Guidelines of Hygienic Practices
           SPS AGREEMENT
                Annex A
              Definitions
 Standards, Guidelines, and
  Recommendations for Animal Health and
  Zoonoses
    International Office of Epizootics


         Guidelines, and
 Standards,
 Recommendations for Plant Health
    International Plant Protection Convention
         SPS AGREEMENT
                Annex A
              Definitions
For matters not covered by the identified
Organizations

  standards, guidelines, and recommendations
  promulgated by other international
  organizations, open for membership to All
  WTO members, as identified by the SPS
  Committee may be applied
              SPS AGREEMENT
                   Annex A
                  Definitions

                 Risk Assessment
Evaluation of the
      adverse  effects on human and animal
       health from additives, contaminants,
       toxins and disease causing organisms in
       food, beverages and feedstuffs
      likelihood of entry, establishment or
       spread of pest or disease and associated
       biological and economic consequences
         SPS AGREEMENT
             Annex A
            Definitions

  Appropriate Level of Protection

The level of protection deemed appropriate
by the Member to protect human, animal or
plant life or health

       “Acceptable Level of Risk”
          SPS AGREEMENT
              Annex A
             Definitions

     Pest or Disease Free Area

An area (entire country, part of a country,
or parts of several countries) identified by
competent authority in which a specific pest
or disease does not occur
            SPS AGREEMENT
                Annex A
               Definitions

Area of Low Pest or Disease Prevalence

An area (entire country, part of a country, or
 parts of several countries) identified by
 competent authority in which a specific pest
 or disease occurs at low levels and which is
 subject to effective surveillance, control or
 eradication measures
               SPS AGREEMENT
                  Article 2
               Basic Rights

 Recognizes  the rights of Members to
  establish appropriate levels of protection
 Outlines the application of scientific
  evidence in establishing
  sanitary/phytosanitary measures
 Prohibits discriminatory, disguised or
  unnecessary restrictive measures
            SPS AGREEMENT
                Article 3
            Harmonization

 Members   shall base Sanitary and
  Phytosanitary Measures on international
  standards, guidelines and
  recommendations
 Measures which conform to international
  standards are consistent with Agreement
 Higher level of protection may be used
            SPS AGREEMENT
                 Article 3
            Harmonization

 Members   are to fully participate in
 relevant international organizations

 WTO  to monitor progress of
 international harmonization
            SPS AGREEMENT
                 Article 4
             Equivalence

 Members  shall accept other Member
 measures as equivalent, if final results
 are the same

 Members   shall consult to achieve
 bilateral and multilateral agreement
 (Equivalence Agreement, MOU)
            SPS AGREEMENT
                Article 5
          Risk Assessment

SPS Measures are to be based on an
 assessment of the risks to Human,
 Animal and Plant life and health using
 internationally accepted Risk Assessment
 Techniques
              SPS AGREEMENT
                   Article 5
           Risk Assessment
Risk Assessment should take into account
      available scientific evidence
      relevant processes and production
       methods
      inspection/sampling/testing methods

      prevalence of specific diseases or pests

      existence of pest/disease free areas

      ecological/environmental conditions

      quarantine or other treatment
              SPS AGREEMENT
                    Article 5
            Risk Assessment

Risk Assessment for animal and plant life or
  health should take into account economic
  factors such as
       Cost of control or eradication

       Potential damage-loss of production/sale

       Cost effectiveness of alternative
        approaches
               SPS AGREEMENT
                    Article 5
            Risk Assessment

 SPS  Measures should minimize negative trade
  effects
 Arbitrary or unjustified measures shall not be
  considered
 Members may provisionally adopt
  international Standards
 Protection level shall not be trade restrictive
 Explanations may be requested by Members
               SPS AGREEMENT
                    Article 6
           Regional Adaptation

 Measures   shall be adapted to specific areas of
  the country to minimize impact on trade
 Identify and recognize pest/disease free areas
 Identify low prevalence pest/disease areas
 Exporting countries shall provide information
  on pest/disease free areas
                SPS AGREEMENT
                     Article 7
                 Transparency

 Publication   of regulations provide lead time for
  comment
 Enquiry Point established
 Notification procedures followed
 General Reservations (related to Confidential
  information)
              SPS AGREEMENT
                   Article 7
               Transparency
           Notification Procedures
 Prompt  publication
 Provide information on effected products,
  objectives and rationale
 Provide copies of regulation on request
 Allow Members to comment and take
  comments into account
              SPS AGREEMENT
                  Article 7
               Transparency
           Emergency circumstances
 Bypass publication
 Immediately notify Members through SPS
  Committee Secretariat
 Allow Members to comment and take
  comments into account
              SPS AGREEMENT
                Article 8
   Control, Inspection and Approval

Annex C applies (inter alia)
      Control, inspection and approval
       procedures completed promptly
      Processing time communicated

      Information required is limited to what is
       necessary for appropriate control
      Confidentiality of information respected

      Fees are equitable (domestic/imported)
              SPS AGREEMENT
                Article 8
   Control, Inspection and Approval

Annex C applies (inter alia)
      Complaint review system established

      Product specimens limited to what is
       reasonable and necessary
      Criteria for procedures/samples equitable
       for domestic and imported products
      Specification changes are limited
               SPS AGREEMENT
                  Article 9
            Technical Assistance

 Members   agree to facilitate technical
  assistance, especially to developing countries

 Ifsubstantial investment is needed, technical
  assistance should be provided

       (WTO is not a funding organization)
              SPS AGREEMENT
               Article 10
   Special and Differential Treatment

 Members   are to consider needs of other
  Member countries
 Longer time frames for compliance with this
  agreement
 Time limit exception (granted by SPS
  Committee upon request)
 Developing countries should actively
  participate in international organizations
              SPS AGREEMENT
              Article 11
Consultations and Dispute Settlement

 Rules established by GATT (Article XXII and
  XXIII)
 Technical/Scientific - advise from experts,
  advisory panels or relevant international
  organizations
 Other existing international agreements may be
  used
              SPS AGREEMENT
                Article 12
              Administration
The SPS Committee was established to
 encourage the use of International Standards
 maintain contact with international
  organizations
 develop procedures to monitor harmonization
 monitor for duplication of procedures
 examine specific standards
 review operational procedures after 3 years
               SPS AGREEMENT
                  Article 13
               Implementation

National governments are responsible for
 observance of agreement by other than
 central government bodies
      NGO’s

      Other   Organizations
           SPS AGREEMENT
              Article 14
           Final Provisions

 LeastDeveloped Country Members have
 5 years delay on measures affecting
 import products or importation

 Allother Members have 2 years from
 effective date (1 Jan. 1995)
Thank you
     Technical Barriers to Trade
         Agreement (TBT)



Prepared by:
Ababouch Lahsen
Fishery Industry Division
Food and Agriculture Organization of United Nations
Rome, Italy
          Technical Barriers to Trade
              Agreement (TBT)
      Revised Agreement from Tokyo Round (1973-1979)
      Purpose of Agreement:

    – Encourage the development and use of international standards
      and conformity assessment systems

    – Prevent the use of technical requirements as unjustifiable trade
      barriers

    – Prevent deceptive trade practices
       Technical Barriers to Trade
           Agreement (TBT)
    TBT Agreement establishes rights of
 The
 Members:

  –    to ensure the quality of its exports,
  –    to protect human, animal or plant life or health,
  –   to protect the environment,
  –   or for the prevention of deceptive practices,
      at the levels considered appropriate
     Technical Barriers to Trade
         Agreement (TBT)
         Article 1 - General Provisions
 Definitionsin Annex - 1 apply
 TBT applies to all industrial and agricultural
  products in international trade
 Does not apply to specifications for government
  purchases for government use
 Does not apply to SPS Measures covered by the
  SPS Agreement
     Technical Barriers to Trade
         Agreement (TBT)
        Annex 1. Definitions
              Technical   regulation
Document which lays down product
characteristics or their related processes and
production methods, including the applicable
administrative provisions, with which compliance
is mandatory. It may also include or deal
exclusively with terminology, symbols, packaging,
marking or labelling requirements as they apply to
a product, process or production method.
     Technical Barriers to Trade
         Agreement (TBT)
        Annex 1. Definitions
                    Standard
Document approved by a recognized body, that provides,
for common and repeated use, rules, guidelines or
characteristics for products or related processes and
production methods, with which compliance is not
mandatory. It may also include or deal exclusively with
terminology, symbols, packaging, marking or labelling
requirements as they apply to a product, process or
production method.
    Technical Barriers to Trade
        Agreement (TBT)
       Annex 1. Definitions
 Conformity   assessment procedures

Any procedure used, directly or
indirectly, to determine that relevant
requirements in technical regulations or
standards are fulfilled.
       Technical Barriers to Trade
           Agreement (TBT)
          Annex 1. Definitions
                   International body or system
Body or system whose membership is open to the relevant bodies of
at least all Members

                    Regional body or system
                     
Body or system whose membership is open to the relevant bodies of
only some of the Members

                      Central government body
Central government, its ministries and departments or any body
subject to the control of the central government in respect of the
activity in question
     Technical Barriers to Trade
         Agreement (TBT)
        Annex 1. Definitions
                Local  government body
Government other than a central government (e.g. states,
provinces, Länder, cantons, municipalities, etc.), its
ministries or departments or any body subject to the
control of such a government in respect of the activity in
question.
                 Non-governmental body
Body other than a central government body or a local
government body, including a non-governmental body
which has legal power to enforce a technical regulation.
     Technical Barriers to Trade
         Agreement (TBT)
Article 2 - PREPARATION, ADOPTION AND APPLICATION OF
    TECHNICAL REGULATIONS BY CENTRAL GOVERNMENT
                           BODIES
 Treat foreign good as you do your own.
 TRs can not be applied with a view to, or the effect
  of creating unnecessary obstacles
  – least trade restrictive
  – eliminated if not needed
  – follow international standard if there is one
     Technical Barriers to Trade
         Agreement (TBT)
                   Article 2 (con’t)
 TRs to be justified upon request
 Members to play a full part with Standards Setting
  Bodies to Harmonize International Standards
 TRs which follow International Standards are
  presumed not to create obstacles to trade.
     Technical Barriers to Trade
         Agreement (TBT)
Article - 2 (con’t). If no international standard or no
                         compliance

 Notificationsof interested parties and WTO
  Members thru TBT Committee (paragraph 2.9.1-2.9.4)
 Emergency notices (paragraph 2.10 - 2.10.3)
 Publish notices quickly
 Reasonable time permitted for comment
     Technical Barriers to Trade
         Agreement (TBT)
  Article 3 - Preparation, Adoption, Application of
                          TRs
 Central Governments shall ensure that Local
  Government and Non- Government Bodies must
  comply with Article - 2 (except 9.2 & 10.1
  notifications)
 Contacts between Members related to Article - 2
  are between central governments
    Technical Barriers to Trade
        Agreement (TBT)
 Article 4 - Preparation, Adoption, Application of
                     Standards

Compliance with Code of Good Practice (Annex - 3
 of Agreement) is mandatory for all standards
 setting bodies - central & local government and
 non- government bodies
    Technical Barriers to Trade
        Agreement (TBT)
Article 5 - Procedures for Assessment of Conformity
            (CAPs) by Central Government
  – Access entails right to an assessment of conformity
  – Similar CAP for domestic and foreign suppliers
  – Assessment procedures are not unnecessary obstacles
    to international trade
       Technical Barriers to Trade
           Agreement (TBT)
Article - 5 (con’t)
  –   Assessments are completed expeditiously
  –   Standard assessment period is published
  –   Information is limited to what is needed
  –   Confidentiality is respected
  –   Fees are equitable
  –   Assessment facilities are convenient
  Technical Barriers to Trade
      Agreement (TBT)
                 Article - 5 (con’t)

– Procedures exist for reviewing complaints of the
  operation of the CA procedure
– Members may make spot checks
– Members must use international guides and
  recommendations as basis for their CAPs
     Technical Barriers to Trade
         Agreement (TBT)
Article - 5 (con’t)
  – Members are to play full part in preparation of
    international guides and recommendations for CAPs
  – Notifications procedures same as for standards
  – Emergency notifications same as for standards
  – CAPs are to be published promptly
  – Reasonable time permitted for comment
    Technical Barriers to Trade
        Agreement (TBT)
Article 6 - Recognition of Conformity Assessment
 by Central Government Bodies
  – CA of other Members are to be accepted whenever
    possible
  – Consultations may be needed to arrive at a mutually
    satisfactory understanding of the technical competency
    of other Member’s conformity assessment bodies
     Technical Barriers to Trade
         Agreement (TBT)
Article 7- Procedures for Assessment of Conformity
 (CAPs) - Local Government Bodies
  – Members to ensure Local Government Bodies comply
    with Article 5 & 6 (except 6.2 & 7.1 of Article 5)
  – Member to ensure that 6.2 & 7.1 (of Article 5)
    notifications are made when CAPs differ substantially
    from CAPs of Central Government
      Technical Barriers to Trade
          Agreement (TBT)
     Article 7 (con’t)
    Contact between Members is at the Central Government
     level
    Member to encourage local government bodies to comply
     with Article 5 & 6
    Members are fully responsible for observance of all
     provisions of Article 5 & 6
     Technical Barriers to Trade
         Agreement (TBT)
Article 8- Procedures for Assessment of Conformity
 (CAPs) by Non-Government Bodies
  – Members to ensure Non-Government Bodies comply
    with Article 5 & 6 (except 6.2 & 7.1 of Article 5)
  – Members to ensure that central government bodies rely
    on CAPs by Non-Government Bodies only if they
    comply with Article 5 & 6
     Technical Barriers to Trade
         Agreement (TBT)
Article 9 - International and Regional Systems
  – Members are to formulate and adopt international
    systems for CAPs
  – International or Regional CAPs are to comply with
    Article 5 & 6
  – Members shall not take measures or act in manner
    inconsistent with Article 5 & 6
    Technical Barriers to Trade
        Agreement (TBT)
Article 10 - Information on TRs Standards and
 CAPs
Establishes Enquiry Points (EP):
  – to provide answers to questions and documents to
    Members and interested parties in Members
      Technical Barriers to Trade
          Agreement (TBT)
Article 10 (con’t)
Includes providing information on:
  – Technical regulations,
  – Standards,
  – CAPs,
  – Memberships in international or regional standard
    setting organizations,
  – Bilateral & multilateral agreements,
  – Locations of notices
  – Location of enquiry points
      Technical Barriers to Trade
          Agreement (TBT)
Article 11 - Technical Assistance
Members shall provide advice on:
  –   preparation of technical regulations,
  –   national standardizing bodies
  –   establishing regulatory bodies
  –   establishing conformity assessment bodies,
  –   methods used to meet technical requirements
     Technical Barriers to Trade
         Agreement (TBT)
Article 12 - Special and Differential Treatment of
 Developing Members
Members to consider development, financial and
 trade needs:
  – In implementation of the agreement
  – TRs, CAPs do not create unnecessary
    obstacles to developing county’s exports
  – International standards for products of special interest
    to developing countries
     Technical Barriers to Trade
         Agreement (TBT)
Article 12 (con’t)
  – To provide technical assistance to ensure TRs and
    CAPs are not obstacles to trade
  – TBT Committee can provide specified and time limited
    exceptions to compliance
  – Members to consider financing, trade and development
    needs of developing Members
  – TBT Committee to review compliance with Article 12
    Technical Barriers to Trade
        Agreement (TBT)
Article 13
Committee on Technical Barriers to Trade
  – Provision establishes TBT Committee
Article 14
Consultation and Dispute Settlement
  – Provisions of Articles XXII & XXII GATT ‘94 apply
     Technical Barriers to Trade
         Agreement (TBT)
Article 15 - Final Provisions
  – Reservations of provisions are allowed only with
    consent of other Members
  – Members to promptly notify Committee of existing
    measures and changes
  – Committee to review operation and implementation of
    the Agreement every 3 years
  – Annexes are an integral part of the agreement
  Technical Barriers to Trade
      Agreement (TBT)
Annex 1 - Terms and their definitions for the purpose of
 this Agreement

Annex 2 - Technical Expert Groups

Annex 3 - Code of Good Practice for the Preparation,
 Adoption and Application of Standards
Thank you

				
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