Group 2 - Sanitary & Phytosanitary Measures
Transcript of Group 2 - Sanitary & Phytosanitary Measures
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SUBMITTED TO:DR. RASHMI AGGARWAL
FACULTY, INTERNATIONAL TRADE LAWSIMT GHAZIABAD
PRESENTED BY:
GROUP 2AYUSHEE DATTA 12EX-010SONAL SINGHAL 12EX-048
UMESH GUPTA 12EX-053
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SANITARY & PHYTOSANITARY MEASURES
Requirement:
Ensuring that your countrys consumers are being supplied with food that is
safe to eat safe by the standards considered appropriate
AND
Ensuring that strict health and safety regulations are not being used as an
excuse for protecting domestic producers
The Agreement on the Application of SPS Measures (the SPS
Agreement) sets out the basic rules for food safety and animal and
plant health requirements.
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SANITARY & PHYTOSANITARY MEASURESSanitary refers to human and animal health, including food
safety, and phytosanitary means plant health. For the purposes
of the SPS Agreement, sanitary and phytosanitary measures are
defined as any measures applied:
To protect
human or
animal life from
risks arising
from additives,
contaminants,toxins or
disease-
causing
organisms in
their food or
beverages
To protect
human life
from plant- or
animal carried
diseases
(known as
zoonoses)
To protect
animal or plant
life from pests,
diseases, or
disease-
causing
organisms
To prevent or
limit other
damage to a
country fromthe entry,
establishment
or spread of
pests
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THEAGREEMENTThe agreement allows countries to set their own standards. However, it specifies
that regulations must be based on scientific findings and should be applied only to
the extent that they are necessary to protect human, animal or plant life or health;
they should not unjustifiably discriminate between countries where similar conditions
exist.
WTO member countries have the liberty to use measures which result in higher
levels of health protection, given the measures are based on an appropriate
assessment of risks and approach is consistent.
Various forms of measures requiring products to come from disease free area,inspection of products, specific treatment or processing of products, setting
allowable maximum levels of pesticide residues or limiting the permitted use of
additives in food.
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SPSFLOWCHART
Sanitary &Phytosanitary
Measures
(SPS)
Article 1
General provisions
Article 2Basic rights & obligations
Article 3Harmonization
Article 4Equivalence
Article 5Assessment of risks &
determination of appropriate level
of SPS protection
Article 6Adaptation to regional conditions,
incl. pest or disease free
areas & areas of low pest or
disease prevalence
Article 7
Transparency
Article 8Control, inspection & approval
procedures
Article 9Technical assistance
Article 10Special & differential treatment
Article 11Consultations & dispute
settlement
Article 12Administration
Article 13Implementation
Article 14
Final provisions
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ARTICLES
Article 1 General Provisions
Applies to all SPS which may, directly or indirectly, affect internationaltrade. Such measures shall be developed and applied in accordance withthe provisions of this Agreement.
Article 2 Basic Rights and Obligations
Right to take SPS measures necessary for the protection of human, animal orplant life or health, provided that such measures are not inconsistent with theprovisions of this Agreement
Measures need to be applied only to the extent necessary to protect human,animal or plant life or health, based on scientific principles and not maintainedwithout sufficient scientific evidence, except as provided for in paragraph 7 ofArticle 5
SPS should not arbitrarily or unjustifiably discriminate between Members whereidentical or similar conditions prevail
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ARTICLES (CONTD)
Article 3 Harmonization
Members shall base their sanitary or phytosanitary measures on internationalstandards, guidelines or recommendations
Sanitary or phytosanitary measures which conform to international standards,guidelines or recommendations shall be deemed to be necessary to protecthuman, animal or plant life or health, and presumed to be consistent with therelevant provisions of this Agreement and of GATT 1994
Members may introduce or maintain sanitary or phytosanitary measureswhich result in a higher level of sanitary or phytosanitary protection than the
measuresbased on the relevant international standards, guidelines or recommendations,if there is a scientific justification, but these different measures shall not beinconsistent with any other provision of this Agreement
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ARTICLES (CONTD)Article 4: Equivalence
Members shall accept the sanitary or phytosanitary measures of other MembersasEquivalent if the exporting Member objectively demonstrates to the importingMember that its measures achieve the importing Members appropriate level of
sanitary or phytosanitary protection
Reasonable access shall be given, upon request, to the importing Member forinspection, testing and other relevant procedures
Article 5: Assessment of Risk and Determination of the Appropriate Level ofSanitary or Phytosanitary Protection
Members shall ensure that their sanitary or phytosanitary measures are basedon an assessment, as appropriate to the circumstances, of the risks to human,animal or plant life or health, taking into account risk assessment techniquesdeveloped by the relevant international organizations
Members shall take into account available scientific evidence
Members shall take into account as relevant economic factors
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ARTICLES (CONTD)
Article 5 (contd)
take into account the objective of minimizing negative trade effects
shall avoid arbitrary or unjustifiable distinctions in the levels it considers to beappropriate in different situations
not more trade-restrictive than required to achieve their appropriate level ofsanitary or phytosanitary protection, taking into account technical and economicfeasibility
In cases where relevant scientific evidence is insufficient, a Member mayprovisionally adopt sanitary or phytosanitary measures on the basis of availablepertinent information, and seek to obtain the additional information necessaryfor a more objective assessment of risk and review the sanitary orphytosanitary measure accordingly within a reasonable period of time
an explanation of the reasons for such sanitary or phytosanitary measuremay berequested and shall be provided by the Member maintaining the measure
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ARTICLES (CONTD)
Article 6: Adaptation to Regional Conditions, Including Pest- or Disease-FreeAreas and Areas of Low Pest or Disease Prevalence
To assess the sanitary or phytosanitary characteristics of a region take into
account the level of prevalence of specific diseases or pests, the existence oferadication or control programmes, and appropriate criteria or guidelines
Recognize the concepts of pest- or disease-free areas and areas of low pestor disease prevalence
Exporting Members claiming that areas within their territories are pest- or
disease-free areas or areas of low pest or disease prevalence shall provide thenecessary evidence or objectively demonstrate to the importing Member
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ARTICLES (CONTD)
Article 7:Transparency
Notify changes in sanitary or phytosanitary measures and shall provideinformation in accordance with the provisions of Annex B (Transparency ofsanitary and phytosanitary regulations
Article 8: Control, Inspection and Approval Procedures
Members shall observe the provisions of Annex C (Control, inspection andapproval procedures) in the operation of control, inspection and approvalprocedures, including national systems for approving the use of additives or forestablishing tolerances for contaminants in foods, beverages or feedstuffs, andotherwise ensure that their procedures are not inconsistent with the provisions ofthis Agreement
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ARTICLES (CONTD)Article 9: Technical assistance
Technical assistance particularly to least developed and developing countries, inthe form of (processing technologies, research & infrastructure, establishment ofnational regulatory bodies, advice, credits, donations & grants, technical expertise,training & equipment) to allow the countries to adjust to, and comply with, SPSmeasures necessary to achieve the appropriate level of SPS protection in theirexport marketsAny substantial investments required by exporting developing country to fulfil
SPS requirements of an importing Member, the latter shall consider providing suchtechnical assistance
Article 10: Special and differential treatmentMembers should take account of the needs of the least developed anddeveloping countries in the preparation and application of SPS measuresWhile introduction of new SPS measures, if the scope allows, the developingcountries should be provided longer time-frames for compliance so as to maintainopportunities for their exportsWith a view to ensure that developing countries are able to comply with theprovisions, the Committee should grant time-limited exceptions, taking intoaccount their financial, trade and development needsMembers should encourage and facilitate the active participation of developing
countries in the relevant international organizations
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ARTICLES (CONTD)Article 11: Consultations & dispute settlementArticles XXII and XXIII of GATT 1994 by Dispute Settlement Understanding are
appliedIn a dispute involving scientific/technical issues, a panel seeks advice fromexperts chosen by the panel in consultation with the parties to the disputeNothing shall impair the rights of Members under other international agreementsArticle 12: AdministrationSPS Committee is established to provide consultations, monitor & reviewstandards
Encourages & facilitates ad hoc consultations , use of international standardsand sponsors technical consultation to increase coordination and integrationbetween international and national systemsMaintain close contact with international organizations, especially Codex, OIEand IPPC, to secure best scientific & technical advice and to avoid duplication ofeffortMonitor international harmonization. Establish a list of international standards in
conjunction with international organizations which could have a major trade impact
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ARTICLES (CONTD)Article 13: ImplementationMembers are fully responsible for the observance of all obligations set forthFormulate & implement positive measures & mechanisms in support of theAgreement by other than central government bodiesShall not take 36 WTO Agreements Series measures which may encourage non-governmental entities to act in a manner inconsistent with the agreementEnsure that they rely on the services of nongovernmental entities forimplementing SPS measures only if these entities comply with the provisions of
this AgreementArticle 14: Final ProvisionsThe lest developed countries may delay application of this Agreement for a periodof 5 years following the date of entry into force of WTO Agreement w.r.t. SPSmeasuresOther developing countries may delay the application, other than Article 5(paragraph 8) and Article 7, for 2 years following the date of entry into force of WTOAgreement w.r.t SPS measures
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Thank You!