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Sanitary and Phytosanitary Meaures (SPS) and

Technical Barriers to Trade (TBT)

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History: GATT 1947

• Food safety, animal and plant health measures were subject to GATT rules:– most-favoured nation– national treatment

• Exception (Article XX:b) – measures necessary to protect human,

animal or plant life of health

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• Tokyo Round (1970s): “Standards Code”

• Uruguay Round (1986-94) – Agreement on Agriculture– SPS Agreement– New TBT Agreement

History: TBT and SPS

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TBT

SPS

SPS and TBT

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How to tell what is SPS or TBT?

First:

• check if it is an SPS measure

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risks arising from additives, contaminants, toxins or disease-causing organisms in their food, beverages, feedstuffs;

damage caused by the entry, establishment or spread of pests

a country

human life plant- or animal-carried diseases (zoonoses);

human or animal life

pests, diseases, or disease-causing organisms;

animal or plant life

to protect: from:

Definition of an SPS Measure

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• “animal” includes wild fauna, fish

• “plant” includes forests, wild flora

• “pests” include weeds

• “contaminants” include pesticides,

veterinary drug residues, extraneous

matter

SPS: An important footnote

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• product criteria• quarantine measures• processing

requirements• certification

• inspection• testing• health-related

labelling

All measures with these SPS purposes, including:

What type of measures?

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• the environment, per se• consumer interests (not health)• animal welfare

Measures intended to protect, for example

are NOT covered by the SPS Agreement

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SPS or TBT?

• protect human or animal health from food-borne risks

• protect human health from animal- or plant-carried diseases

• protect animals and plants from pests or diseases

• examples:– microbiological

contamination of food– pesticide or veterinary drug

residues– food additives

• human disease control• nutritional claims• food packaging and

quality• examples:

– pharmaceuticals– labelling (unless related

to food safety)– pesticide handling or

quality

SPS measures TBT measures

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Example 1: SPS or TBT?

Bottled water

• safety for human consumption

• bottle size and shape

• bottle material– breaking– toxic substances contaminating water

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Example 2: SPS or TBT?

• Pesticides– safe handling instructions

– quality

– residue limits in food

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Why does it matter which Agreement applies?

Different rules apply

to SPS and TBT measures

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The TBT Agreement covers...

• Standards

• Technical Regulations

• Conformity Assessment Procedures

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TBT: Definitions

Technical Regulations

Mandatory

Standards

Voluntary

Technical Requirements

Annex 1

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What is conformity assessment?

• Measures taken by manufacturers, their customers, regulatory authorities, and independent third parties to assess compliance with standards

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• WTO Members have the right to adopt technical regulations, standards and conformity assessment procedures,

• BUT: they must not constitute unnecessary obstacles to trade

TBT: Basis

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SPS: Basis

• Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal and plant life or health…

• BUT: - no unjustifiable discrimination– no disguised restrictions on

international trade

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SPS & TBT: main provisions

SPS• scientific justification• harmonization• least trade-restrictive• equivalence• regional conditions• transparency• technical assistance,

special and differential treatment

TBT• legitimate objective• harmonization• least trade-restrictive• equivalence and mutual

recognition

• transparency• technical assistance,

special and differential treatment

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• “applied only to the extent necessary to protect life or health”

• “based on scientific principles”

• “not maintained without sufficient scientific evidence”

• “except… paragraph 7 of Article 5”

Article 2.2

SPS: Scientific Justification

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• if relevant scientific evidence is insufficient

• on the basis of available information

• shall seek to obtain the additional information

• review within a reasonable period of time

Members may provisionally adopt measures...

SPS: Provisional Measures

But:

Article 5.7

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•National security•Prevention of deceptive practices•Human health or safety•Animal and plant life or health•EnvironmentInter alia !

TBT: legitimate objectives

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• Not more trade restrictive than necessary – risks of non-fulfilment– relevant factors: scientific and

technical information, processing technology, intended end-uses of product, risks of non-fulfilment

TBT: no unnecessary obstacle to trade (1)

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TBT: no unnecessary obstacle to trade (2)

1. Is the policy objective legitimate?

2. Can this objective be achieved with an alternative measure that is less trade-restrictive?

3. What are the risks of non-fulfillment of the originally proposed measure?

Three step analysis

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Consequently, where possible

Performance-based

preferable to

design-based or descriptive product requirements

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TBT: Notification obligations (1)

One time + changes:

• Statement on the Implementation and Administration of the Agreement (art. 15.2)

• Designation of a Government Authority for Implementation of Notification Obligations (art. 10 paras. 10 and 11)

• Enquiry Point(s): one or more (art. 10 paras. 1 and 2)

Notifications circulated as G/TBT/2/Add.#

G/TBT/1/Rev.10

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TBT: Notification obligations (2)

• Proposed or Adopted Technical Regulations or Conformity Assessment Procedures by Central or Local Governments (art. 2.9, 2.10, 3.2, 5.6, 5.7, 7.2) – ad hoc when:

– Relevant international standard does not exist OR the technical content of a proposed technical regulation or conformity assessment procedure is not in accordance with the technical content of relevant international standards, guides or recommendations

– Significant effect on trade of other Member(s)

Notifications circulated as G/TBT/N/Country/#

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TBT: Notification obligations (3)

• Bilateral or Multilateral Agreements (art. 10.7) – ad hoc “Whenever a Member has reached an agreement with any other country or countries on issues related to technical regulations, standards or conformity assessment procedures which may have a significant effect on trade, at least one Member party to the agreement shall notify other Members through the Secretariat of the products to be covered by the agreement and include a brief description of the agreement.”

Notifications circulated under G/TBT/10.7/N/#

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TBT: Notification obligations (4) Code of Good Practice

• Document G/TBT/W/4/rev. 1

– Acceptance of the Code: form A - Notifications made to the ISO/IEC Information Center and circulated in WTO as G/TBT/CS/N/#

– Withdrawal from the Code: form B

– Work programme: form C – Notification every 6 months made to the ISO/IEC Information Center

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TBT: Enquiry Point - RF

• DSTANDARTINFORM4 Granatny per.,Moscow, K-1, GSP-5123995 Russian Federation

Tel.: +7 (495) 225 61 89

Fax: +7 (495) 332 56 59/+7(495) 719 78 20

Email: enpoint@gostinfo.ru

G/TBT/ENQ/38/Rev.1

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SPS: Transparency provisions

•Publication of regulations (Annex B)

•Notification (Article 7 and Annex B)

•Explanation (Article 5.8)

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SPS: Notification obligations

• National Notification Authority (NNA) – one time + changes

• SPS measures – ad hoc

• Enquiry Point – one time + changes

G/SPS/7/Rev.3

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60 day com m ent period

R egular N otifica tion

no com m ent periodnature of urgent problemperiod of application

Em ergency N otifica tion

N otifica tion P rocedures

Notifications are circulated as G/SPS/N/country/#

SPS: Notification obligations (2)

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SPS: Enquiry Point - RF

Russian Information Center on Standardization, Certification

Contact person: Ms Nina Khromova

4 Granatny per.

Moscow 103 001

Telephone: +(7 495) 332 5628/332 5629/225 6189

Telefax: +(7 495) 332 5659

E-mail/Internet: enpoint@gostinfo.ru

G/SPS/ENQ/26