Lesson 3: SPS Agreement Principles

Topic 1: Basic Rights

In this topic, you will learn about the rights and obligations countries have under the SPS Agreement.

Objective:

  • Describe the basic rights and obligations of the SPS Agreement

Accepting the WTO Agreement means governments agree to abide by the rules in all of the multinational trade agreements attached to it, including the SPS Agreement. The SPS Agreement reduces uncertainty for both regulators and traders by providing a common set of rules to help avoid potential conflicts. The basic rights and obligations provided under the SPS Agreement assure sovereignty but not to the point of discrimination.

The following basic rights and obligations for Members are provided in Article 2 of the SPS Agreement:

  1. Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement.
  2. Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence, except as provided for in paragraph 7 of Article 5.
  3. Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail, including between their own territory and that of other Members. Sanitary and phytosanitary measures shall not be applied in a manner that would constitute a disguised restriction on international trade.
  4. Sanitary or phytosanitary measures which conform to the relevant provisions of this Agreement shall be presumed to be in accordance with the obligations of the Members under the provisions of GATT 1994 which relate to the use of sanitary or phytosanitary measures, in particular the provisions of Article XX(b).
  5. All countries have the sovereign right to determine appropriate food safety levels and animal and plant health protections provided that such measures are consistent with the rest of the SPS Agreement. Measures should only be applied as necessary and all measures must be technically justified by available scientific evidence. Finally, measures must be applied in a consistent manner such that application does not discriminate among trading partners or create an unnecessary barrier to trade.

Agreement on the Application of Sanitary and Phytosanitary Measures.

The following video will help illustrate the Basic Rights and Obligations for Members under the SPS Agreement.

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In this topic, you learned that countries have the right to protect themselves, but protective measures should only be applied when necessary and should be based on scientific evidence. Measures must be applied in a consistent manner and cannot be used to discriminate among trading partners or create unnecessary barriers to trade.

To continue, select Topic 2 from the Topics menu above or click here.