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World Trade Organization SPS and TBT Agreements

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Title: World Trade Organization SPS and TBT Agreements


1
World Trade OrganizationSPS and TBT Agreements
  • Prepared by
  • Dr Lahsen Ababouch
  • Chief, Fish Utilization and Marketing Service
  • Food and Agriculture Organization of United
    Nations
  • Rome, Italy

2
World trade OrganizationSPS/TBT agreements
  • Liberalization of trade

Challenges
  • Maximal food safety and quality
  • Minimal Technical Obstacles to trade

3
World Trade organizationSPS/TBT Agreements
  • Fair trade practices

Scope
  • Animal health and plant protection
  • Safe and quality food

4
SPS/TBT Agreements
  • Necessary to achieve an ALOP but should not use
    SPS and technical standards to shield domestic
    producers from foreign competition

Protection vs. Protectionism
  • 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

5
SPS/TBT Agreements
  • SPS cover health (human, animal and plant)
    protection measures

SPS vs. TBT
  • 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 any subject, from car
    safety to energy saving devices to food packaging

6
Technical Barriers to Trade Agreement (TBT)
  • Revised Agreement from Tokyo Round (1973-1979)
  • Purpose of Agreement
  • -To encourage the development and use of
    international standards and conformity
    assessment systems
  • -To prevent the use of technical requirements as
    unjustifiable trade barriers
  • -To prevent deceptive trade practices
  • Product (1979) vs. product, process and
    production methods (1995)
  • SPS measures for agriculture and foods dealt with
    separately under SPS

7
SPS/TBT AgreementsGeneral Principles
  • Sovereignty
  • Harmonization
  • Equivalency
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

8
Implications of the SPS and TBT agreements in
Fisheries

9
SPS AGREEMENTAnnex ADefinitions
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

10
SPS AGREEMENTAnnex A - DefinitionsSanitary/Phyto
sanitary Measures include all laws, decrees,
regulations, requirements and procedures related
to
  • end product criteria
  • processes
  • production methods
  • testing
  • inspection
  • certification
  • approval procedures
  • quarantine treatments
  • statistical methods
  • sampling procedures
  • risk assessment
  • packaging
  • labelling

11
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.

12
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.

13
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.

14
SPS/TBT AgreementsGeneral Principles
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

SPS AGREEMENTAnnex A Definitions Appropriate
Level of Protection
  • Each country is sovereign to establish SPS
    measures it terms necessary to protect human and
    animal health and plants
  • The level of protection deemed appropriate by the
    Member to protect human, animal or plant life or
    health
  • Acceptable Level of Risk

15
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 2 Basic Rights
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • 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 trade measures

16
SPS/TBT AgreementsGeneral Principles
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

The TBT Agreement establishes rights of 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

17
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTAnnex ADefinitionsHarmonization
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Establishment, Recognition and Application of
    Common Sanitary/Phytosanitary Measures by Members

18
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTAnnex ADefinitions
Harmonization Codex Alimentarius Commission
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

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

19
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTAnnex ADefinitions Harmonization
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Standards, Guidelines, and Recommendations for
    Animal Health and Zoonoses
  • International Office of Epizootic
  • Standards, Guidelines, and Recommendations for
    Plant Health International Plant Protection
    Convention

20
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTAnnex ADefinitions Harmonization
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

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
21
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 3Harmonization
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • 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

22
SPS/TBT AgreementsGeneral Principles
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

SPS AGREEMENTArticle 3Harmonization
  • Members are to fully participate in relevant
    international organizations
  • WTO to monitor progress of international
    harmonization

23
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 4Equivalence
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Members shall accept other Member measures as
  • equivalent, if final results are the same
  • Members shall consult to achieve bilateral and
    multilateral agreement (Mutual Recognition
    Agreements)

24
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 5Risk Assessment
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • 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 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
25
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 5 Risk Assessment
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • 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

26
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 7 Transparency
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

  • Publication of regulations and provide lead time
    for comment
  • Establish Enquiry Point
  • Establish Notification Procedures
  • General Reservations (related to Confidential
    information)

27
SPS/TBT AgreementsGeneral Principles
  • SPS AGREEMENTArticle 7 Transparency
  • Emergency circumstances
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Bypass publication
  • Immediately notify Members through SPS Committee
    Secretariat
  • Allow Members to comment and take comments into
    account

28
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 7 Transparency
Notification Procedures
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Prompt publication
  • Provide information on effected products,
    objectives and rational
  • Provide copies of regulation on request
  • Allow Members to comment and take comments into
    account

29
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENTArticle 9Technical Assistance
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Members agree to facilitate technical
  • assistance, especially to developing countries
  • If substantial investment is needed, technical
    assistance should be provided

(WTO is not a funding organization)
30
SPS/TBT AgreementsGeneral Principles
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement

SPS AGREEMENT Article 10
Special and Differential Treatment
  • Members are to consider needs of other Member
    countries
  • Time limit exception (granted by SPS Committee
    upon request)
  • Longer time frames for compliance with this
    agreement
  • Developing countries should actively participate
    in international organizations

31
SPS/TBT AgreementsGeneral Principles
SPS AGREEMENT
Article 11Consultations and Dispute Settlement
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation 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

32
SPS/TBT AgreementsGeneral Principles
  • SPS AGREEMENTArticle 11
  • Administration
  • The SPS Committee was established to
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • 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 after3 years

33
SPS/TBT AgreementsGeneral Principles
TBT AGREEMENT The Committee on TBT
  • Sovereignty
  • Harmonization
  • Equivalence
  • Scientific basis
  • Transparency
  • Technical Assistance
  • Special and differential treatment
  • Consultation and dispute settlement
  • Meets as necessary, at least once a year
  • To enable members to consult on the operations of
    the agreement
  • Committee can establish working parties or other
    bodies as appropriate
  • Committee to ensure duplication with other
    technical bodies is prevented

34
Achievements and Challenges
  • Harmonization
  • Equivalence
  • Scientific basis
  • Special and differential treatment/Technical
    assistance

35
Achievements and Challenges
  • Achievements
  • HACCP-based systems widely accepted
  • Codex Alimentarius Commission accepted as the
    international standards setting body
  • Harmonization
  • Equivalence
  • Scientific basis
  • Special and differential treatment/
  • Technical assistance
  • Shortcomings
  • Different inspection and control schemes
  • Different fish standards applied
  • High rates of detentions/rejections

36
Achievements and Challenges
  • Harmonization
  • Equivalence
  • Scientific basis
  • Special and differential treatment/
  • Technical assistance
  • Achievements
  • Food chain and Control at source approaches
  • Cost-effectiveness of these approaches
  • Shortcomings
  • Very few agreements
  • Obligation of means vs. obligation of results

37
Achievements and Challenges
Achievements
  • Harmonization
  • Equivalence
  • Scientific basis
  • Special and differential treatment/
  • Technical assistance
  • Risk analysis widely accepted
  • National and International work undertaken
  • Shortcomings
  • Needs exceed by far activities undertaken
  • Lack of resources in developing countries
  • Many standards not scientifically based

38
Achievements and Challenges
  • Harmonization
  • Equivalence
  • Scientific basis
  • Special and differential treatment/
  • Technical assistance
  • Achievements
  • Regional and national initiatives (SIDA, EC-ACP)
  • STDF (Standard and Trade Development Fund)
  • Trust Fund for CAC
  • Shortcomings
  • Developing countries obliged to meet market
    requirements
  • Needs exceed by far initiatives
  • Lack of resources in developing countries
  • Many standards not scientifically based
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