group 2 - sanitary & phytosanitary measures

7/29/2019 Group 2 - Sanitary & Phytosanitary Measures

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SUBMITTED TO:DR. RASHMI AGGARWAL

FACULTY, INTERNATIONAL TRADE LAWSIMT GHAZIABAD

PRESENTED BY:

GROUP 2AYUSHEE DATTA 12EX-010SONAL SINGHAL 12EX-048

UMESH GUPTA 12EX-053


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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.


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SANITARY & PHYTOSANITARY MEASURESSanitary 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

disease-

causing

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

disease-

causing

organisms

To prevent or

limit other

damage to a

country fromthe entry,

establishment

or spread of

pests


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THEAGREEMENTThe 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.


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SPSFLOWCHART

Sanitary &Phytosanitary

Measures

(SPS)

Article 1

General provisions

Article 2Basic rights & obligations

Article 3Harmonization

Article 4Equivalence

Article 5Assessment of risks &

determination of appropriate level

of SPS protection

Article 6Adaptation to regional conditions,

incl. pest or disease free

areas & areas of low pest or

disease prevalence

Article 7

Transparency

Article 8Control, inspection & approval

procedures

Article 9Technical assistance

Article 10Special & differential treatment

Article 11Consultations & dispute

settlement

Article 12Administration

Article 13Implementation

Article 14

Final provisions


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ARTICLES

Article 1 General Provisions

Applies to all SPS which may, directly or indirectly, affect internationaltrade. Such measures shall be developed and applied in accordance withthe provisions of this Agreement.

Article 2 Basic Rights and Obligations

Right to take SPS measures necessary for the protection of human, animal orplant life or health, provided that such measures are not inconsistent with theprovisions 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 maintainedwithout sufficient scientific evidence, except as provided for in paragraph 7 ofArticle 5

SPS should not arbitrarily or unjustifiably discriminate between Members whereidentical or similar conditions prevail


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ARTICLES (CONTD)

Article 3 Harmonization

Members shall base their sanitary or phytosanitary measures on internationalstandards, guidelines or recommendations

Sanitary or phytosanitary measures which conform to international standards,guidelines or recommendations shall be deemed to be necessary to protecthuman, animal or plant life or health, and presumed to be consistent with therelevant provisions of this Agreement and of GATT 1994

Members may introduce or maintain sanitary or phytosanitary measureswhich result in a higher level of sanitary or phytosanitary protection than the

measuresbased on the relevant international standards, guidelines or recommendations,if there is a scientific justification, but these different measures shall not beinconsistent with any other provision of this Agreement


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ARTICLES (CONTD)Article 4: Equivalence

Members shall accept the sanitary or phytosanitary measures of other MembersasEquivalent if the exporting Member objectively demonstrates to the importingMember 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 forinspection, testing and other relevant procedures

Article 5: Assessment of Risk and Determination of the Appropriate Level ofSanitary or Phytosanitary Protection

Members shall ensure that their sanitary or phytosanitary measures are basedon an assessment, as appropriate to the circumstances, of the risks to human,animal or plant life or health, taking into account risk assessment techniquesdeveloped by the relevant international organizations

Members shall take into account available scientific evidence

Members shall take into account as relevant economic factors


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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 beappropriate in different situations

not more trade-restrictive than required to achieve their appropriate level ofsanitary or phytosanitary protection, taking into account technical and economicfeasibility

In cases where relevant scientific evidence is insufficient, a Member mayprovisionally adopt sanitary or phytosanitary measures on the basis of availablepertinent information, and seek to obtain the additional information necessaryfor a more objective assessment of risk and review the sanitary orphytosanitary measure accordingly within a reasonable period of time

an explanation of the reasons for such sanitary or phytosanitary measuremay berequested and shall be provided by the Member maintaining the measure


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ARTICLES (CONTD)

Article 6: Adaptation to Regional Conditions, Including Pest- or Disease-FreeAreas 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 oferadication or control programmes, and appropriate criteria or guidelines

Recognize the concepts of pest- or disease-free areas and areas of low pestor 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 thenecessary evidence or objectively demonstrate to the importing Member


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ARTICLES (CONTD)

Article 7:Transparency

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

Article 8: Control, Inspection and Approval Procedures

Members shall observe the provisions of Annex C (Control, inspection andapproval procedures) in the operation of control, inspection and approvalprocedures, including national systems for approving the use of additives or forestablishing tolerances for contaminants in foods, beverages or feedstuffs, andotherwise ensure that their procedures are not inconsistent with the provisions ofthis Agreement


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ARTICLES (CONTD)Article 9: Technical assistance

Technical assistance particularly to least developed and developing countries, inthe form of (processing technologies, research & infrastructure, establishment ofnational regulatory bodies, advice, credits, donations & grants, technical expertise,training & equipment) to allow the countries to adjust to, and comply with, SPSmeasures necessary to achieve the appropriate level of SPS protection in theirexport marketsAny substantial investments required by exporting developing country to fulfil

SPS requirements of an importing Member, the latter shall consider providing suchtechnical assistance

Article 10: Special and differential treatmentMembers should take account of the needs of the least developed anddeveloping countries in the preparation and application of SPS measuresWhile introduction of new SPS measures, if the scope allows, the developingcountries should be provided longer time-frames for compliance so as to maintainopportunities for their exportsWith a view to ensure that developing countries are able to comply with theprovisions, the Committee should grant time-limited exceptions, taking intoaccount their financial, trade and development needsMembers should encourage and facilitate the active participation of developing

countries in the relevant international organizations


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ARTICLES (CONTD)Article 11: Consultations & dispute settlementArticles XXII and XXIII of GATT 1994 by Dispute Settlement Understanding are

appliedIn a dispute involving scientific/technical issues, a panel seeks advice fromexperts chosen by the panel in consultation with the parties to the disputeNothing shall impair the rights of Members under other international agreementsArticle 12: AdministrationSPS Committee is established to provide consultations, monitor & reviewstandards

Encourages & facilitates ad hoc consultations , use of international standardsand sponsors technical consultation to increase coordination and integrationbetween international and national systemsMaintain close contact with international organizations, especially Codex, OIEand IPPC, to secure best scientific & technical advice and to avoid duplication ofeffortMonitor international harmonization. Establish a list of international standards in

conjunction with international organizations which could have a major trade impact


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ARTICLES (CONTD)Article 13: ImplementationMembers are fully responsible for the observance of all obligations set forthFormulate & implement positive measures & mechanisms in support of theAgreement by other than central government bodiesShall not take 36 WTO Agreements Series measures which may encourage non-governmental entities to act in a manner inconsistent with the agreementEnsure that they rely on the services of nongovernmental entities forimplementing SPS measures only if these entities comply with the provisions of

this AgreementArticle 14: Final ProvisionsThe lest developed countries may delay application of this Agreement for a periodof 5 years following the date of entry into force of WTO Agreement w.r.t. SPSmeasuresOther 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 WTOAgreement w.r.t SPS measures


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Thank You!

group 2 - sanitary & phytosanitary measures

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