Lesson 3: SPS Agreement Principles
Topic 6: Equivalence
In this topic you will learn about equivalence. Equivalence is the different ways that measures can be applied to meet the same Appropriate Level of Protection (ALOP).
Objectives:
- Explain how different SPS measures can meet the same ALOP
- Explain how the concept of equivalence is applied by plant- and animal-health regulatory bodies
- Describe how an exporting country can demonstrate to an importing country that its measures achieve the importing country’s ALOP
The SPS Agreement outlines sanitary and phytosanitary measures for Member countries. However, countries have the sovereign right to choose alternative measures that sufficiently reduce the risk to the same level as an internationally approved measure. This provision provides flexibility to both regulators and trading partners by allowing several ways to achieve the same level of protection. The use of alternative measures does carry restrictions, and Article 4 of the SPS Agreement defines the principles of equivalence.
The subject of Equivalence of measures is discussed in Article 4 of the SPS Agreement. It states:
- Members shall accept the sanitary or phytosanitary measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if the exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Member’s appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant procedures.
- Members shall, upon request, enter into consultations with the aim of achieving bilateral and multilateral agreements on recognition of the equivalence of specified sanitary or phytosanitary measures.
Agreement on the Application of Sanitary and Phytosanitary Measures.
If two or more measures are equally effective, or if the combination of measures reaches a level of protection equal to one measure, a Member must respect their trading partner’s choice to use the least restrictive measure. The exporting country should provide data and records that support the claim of equal efficacy. This concept benefits trade because it provides flexibility to meet an importing country’s ALOP in a variety of ways. Different countries possess various capabilities to achieve requested measures. Equivalence allows countries that might not have access to particular technologies or resources to participate equally in trade.
The following video will help illustrate the concept of Equivalence.
In this topic, you learned that different measures could be used to reach the same Appropriate Level of Protection. When measures have the same efficacy, the importing country must allow the measures that are least trade restrictive.
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