Geneva Dialogue on China’s Sustainable Trade Strategy Panel two: Standards, market and public policy objective. Mr Marinus Huige Chairman, WTO SPS Committee. WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The right to protect human, animal
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Mr Marinus Huige
Chairman, WTO SPS Committee
WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)
The right toprotect
or plant life
barriers to trade
from Phytosanitary Measures
fromSPS measures to be taken only when necessary to protect:
Human or risks arising from additives,
animal health contaminants, toxins or disease
organisms in food, drink, feedstuff
Human life plant- or animal-carried diseases
Animal or pests, diseases, disease-causing
plant life organisms
A country other damage caused by entry,
establishment or spread of pests
Is there a relevant international standard
(Codex, IPPC or OIE)?
Does the measure “conform to” the int’l standard?
If yes, then the measure is OK
Is there a relevant international standard?
Does the measure “conform to”
the int’l standard? (Or if there is no int’l standard)
Is their sufficient scientific evidence // an appropriate risk assessment to maintain the measure?
Members may introduce or maintain SPS measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the ALOPin accordance with the relevant provisions of paragraphs 5.1 – 5.8 Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines or recommendations shall not be inconsistent with any other provision of this Agreement.
* For the purposes of paragraph 3 of Article 3, there is a scientific justification if, on the basis of an examination and evaluation of available scientific information in conformity with the relevant provisions of this Agreement, a Member determines that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of sanitary or phytosanitary protection.
-G/SPS/GEN/204/Rev.8 (Adds. 1-3)
New or modified regulation
No existing international standard or
Different than the international standard
Significant impact on trade
(restricting or facilitating)