The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an international treaty of WTO. • The SPS Agreement provides a framework of rules to guide WTO Members in the development, adoption and enforcement of sanitary (human or animal life or health) and phytosanitary (plant life or health) measures which may affect trade. 4 Articles: containing the rights and obligations that WTO members have agreed to. • 3 Annexes: giving definitions of various terms, and elaborating on certain obligations in the body of the SPS Agreement.
SBS AGREEMENT International Trade Policy April 2023 SPS AGREEMENT Definition History • The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is an international treaty of WTO • It was negotiated during the Uruguay Round of multilateral trade negotiations • The SPS Agreement provides a framework of rules to guide WTO Members in the development, adoption and enforcement of sanitary (human or animal life or health) and phytosanitary (plant life or health) measures which may affect trade • Came into effect on January 1, 1995 ADD A FOOTER Key objective • Protect human, animal, and plant health • Avoiding unnecessary barriers to international trade ADD A FOOTER Key provisions • 14 Articles: containing the rights and obligations that WTO members have agreed to • Annexes: giving definitions of various terms, and elaborating on certain obligations in the body of the SPS Agreement ADD A FOOTER Key provisions Non-discrimination Scientific justification • harmonization • risk assessment • consistency • least trade-restrictiveness Equivalence Regionalization Control, inspection and approval procedures Transparency ADD A FOOTER 5 SPS Committee o Function: • Provide a forum for consultations about food safety or animal and plant health measures which affect trade • Ensure the implementation of the SPS Agreement o Observers: • Eligible WTO Member countries • Representatives of international intergovernmental: Codex, WOAH, IPPC, WHO, UNCTAD and the International Standards Organization (ISO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS) Nguyễn Minh Hợp 2112150070 ytosanitary Ph M he Appl on t ica t n d of Sanitary a n it on es Agree sur m e ea Definition The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as the SPS Agreement or SPS, is an international treaty of the World Trade Organization (WTO) Under the SPS agreement, the WTO sets constraints on member-states' policies relating to human and animal health (sanitary) as well as plant life and health (phytosanitation) Objective he Appl on t ica t n ytosanitary Ph M to international trade d human, animal, and plant life and health without creating unnecessary barriers of Sanitary a n it on es Agree sur m e ea The purpose of the SPS Agreement is to ensure that countries can protect History It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), and entered into force with the establishment of the WTO at the beginning of 1995 The SPS Agreement has 14 Articles, containing the rights and obligations that WTO members have agreed to and three annexes giving definitions of various ytosanitary Ph M he Appl on t ica t n d es Agree sur m e ea terms of Sanitary a n it on Stakeholders Administration The Committee on Sanitary and Phytosanitary Measures (the ‘SPS Committee’), in which all WTO members can participate International standard-setting bodies The International Plant Protection Convention (IPPC) The World Organisation for Animal Health (OIE) ytosanitary Ph M he Appl on t ica t n d of Sanitary a n it on es Agree sur m e ea The Codex Alimentarius Commission (Codex) Kiều Ngọc Dung - GROUP SPS AGREEMENT Agreement on the Application of Sanitary and Phytosanitary - WTO OBJECTIVES ● Recognizing right to protect human, animal, plant life or health ● Avoiding unnecessary barriers to international trade CHARACTERISTIC Allows countries to set their own food safety and animal and plant health standard Only to protect health Do not discriminate between countries Regulations be based on science Encourage member to use international standards, guidelines and recommendations where they exist MEASURES ARE TAKEN TO PROTECT Human or animal health From Human life From Animal or plant life Territory of member From From Risk arising from additives, contaminants, toxins or disease organiism in food, drink, feedstuff Plant or animal-carried diseases Pests, diseases, disease-causing organism Other damage caused by entry, establishment or spread of pests EXAMPLE NON-DISCRIMINATION EQUIVALENCE KEY PROVISION SCIENTIFIC JUSTIFICATION •harmonization •risk assessment •consistency •least trade-restrictiveness REGIONALIZATION CONTROL, INSPECTION AND APPROVAL PROCEDURES TRANSPARENCY EQUIVALENCE: Tính tương đương Importing countries ~ Exporting countries, according to ALOP (Theo Hiệp định SPS, mức độ bảo vệ phù hợp (ALOP) mức độ bảo vệ mà quốc gia thành viên WTO cho phù hợp để bảo vệ đời sống hay sức khỏe người động thực vật phạm vi lãnh thổ mình.) HARMONIZATION: Tính hài hịa Các nước TV có quyền định biện pháp SPS, hài hòa với tiêu chuẩn quốc tế RISK - ASSESSMENT: Đánh giá rủi ro CONSISTENCY LEAST TRADE-RESTRICTIVENESS •SPS measures not to be more trade restrictive than required to achieve the appropriate level of protection REGIONALIZATION •Adapt SPS measures to characteristics of area (all or part of a country, all or parts of several countries) taking into account •Recognize concept of pest- or disease-free areas •Exporters=>proof CONTROL, INSPECTION AND APPROVAL PROCEDURES •No undue delays •Information requirements: limited to what is necessary •No less favourable treatment for imports: –Fees – no discrimination, only to cover costs •Procedure to review complaints TRANSPARENCY MATERIAL