Title: World Trade Organization SPS and TBT Agreements
1World 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
2World trade OrganizationSPS/TBT agreements
Challenges
- Maximal food safety and quality
- Minimal Technical Obstacles to trade
3World Trade organizationSPS/TBT Agreements
Scope
- Animal health and plant protection
4SPS/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
5SPS/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
6Technical 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
7SPS/TBT AgreementsGeneral Principles
- Sovereignty
- Harmonization
- Equivalency
- Scientific basis
- Transparency
- Technical Assistance
- Special and differential treatment
- Consultation and dispute settlement
8Implications of the SPS and TBT agreements in
Fisheries
9SPS 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
10SPS 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
11Technical 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.
12Technical 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.
13Technical 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.
14SPS/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
15SPS/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
16SPS/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
17SPS/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
18SPS/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
- Veterinary Drug and Pesticide
- Residues
- Methods of Analysis and Sampling
- Codes /Guidelines of Hygienic Practices
19SPS/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
20SPS/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
21SPS/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
22SPS/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
23SPS/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)
24SPS/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
25SPS/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
26SPS/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)
27SPS/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
28SPS/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
- Provide information on effected products,
objectives and rational
- Provide copies of regulation on request
- Allow Members to comment and take comments into
account
29SPS/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)
30SPS/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
31SPS/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
32SPS/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
33SPS/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
34Achievements and Challenges
- Harmonization
- Equivalence
- Scientific basis
- Special and differential treatment/Technical
assistance
35Achievements 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
36Achievements 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
37Achievements 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
38Achievements 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