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The SPS Agreement

The SPS Agreement. Examples. Why an SPS Agreement?. What is new? Country B cannot apply uniformly the same measure to all countries: SPS measures must be based on scientific justification (Art.2:2) Country B cannot ban imports from country A, where sanitary conditions are similar (Art.2:3)

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The SPS Agreement

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  1. The SPS Agreement Examples

  2. Why an SPS Agreement? What is new? Country B cannot apply uniformly the same measure to all countries:SPS measures must be based on scientific justification (Art.2:2) Country B cannot ban imports from country A, where sanitary conditions are similar (Art.2:3) Country B cannot ban imports from FMD-free areas of country C without scientific justification (Art.6) Country B can maintain its ban with regard to country D (Art.2:2) • Example 1: • Country A is FMD free and wants to export meat to country B, also free of FMD • In country C, FMD is endemic, but some regions are FMD-free and under government control • In country D, FMD is endemic in all its territory • Country B bans imports of meat from the three countries A, C and D, in spite of their different sanitary situation...

  3. Why an SPS Agreement? • What is new? • Country A has an obligation to notify its proposed measure (Art.7 & Annex A) • Country A has to give at least 60 days for comments and take into account such comments (agreed procedures) • If its ALOP allows, country A should give longer time-frame for compliance to country B (Art. 10:2) • Example 2: • Country A changed its phytosanitary regulations for imports of beans, fresh peas in pods and dried and fresh corn (there is no international standard) • Country B, a developing country, wants to export fresh peas to country A but was not informed of the changes… • Additionally, country B needs time to adapt to the new requirements in country A...

  4. Why an SPS Agreement? • What is new? • Country B has to carry its control, inspection and approval procedures without undue delay in an non-discriminatory manner (Art.8 & Annex C) If its measure differs from an existing international standard,country B has to make available its risk assessment to country A • Example 3: • Country A wants to export fish and fish products to country B • Country B requests from country A continued delaying information regarding its control, inspection and approval procedures... • Suspicious, country A requests country B to provide the risk assessment justifying its measure… country B is reluctant…

  5. If country B objectively demonstrates that its measures meet the ALOP of country A, the latter has to acept equivalence (Art.4) What is new? Why an SPS Agreement? • Example 4: • Country A imposes continued testing of apples imported from country B because this country’s sanitary requirements differ from its own • Seeking to avoid repetitive testing country B requests equivalence of measures, claiming that its measures, although different, achieve the ALOP of country A • Despite intense bilateral consultations, country A rejects equivalence…

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