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World Trade Organization Toolkit : Non-Tariff Barriers to Trade : Standards and Technical Regulations

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(i) Sanitary and Phytosanitary Measures (SPS)

The SPS Agreement seeks to avoid the creation of measures aimed at protecting the environment, human and plant health that are unnecessary obstacles to trade.

The Agreement defines SPS measures as any measures that protect human, animal or plant life or health from pests, diseases, disease-carrying or disease causing organisms. Measures are covered by the Agreement even if they are not mandatory or legally enforceable. It includes, for instance, measures where sufficient incentives or disincentives exist to ensure compliance.

Members are allowed to set their own SPS measures. However, Members must ensure that these measures are only applied to the extent necessary to protect human, animal or plant life or health; are based on scientific principles; and are not maintained without sufficient scientific evidence.

In application to the precautionary principle, Members are allowed to provisionally adopt SPS measures on the basis of available pertinent information, in cases where relevant scientific evidence is insufficient. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk, and review the SPS measure accordingly within a reasonable period of time. Furthermore, Article 2.2 provides that Members must ensure that SPS measures do not arbitrarily or unjustifiably discriminate against other Members where identical or similar conditions prevail.

In order to harmonise SPS measures on as wide a basis as possible, Members are encouraged to base their measures on international standards, guidelines and recommendations where they exist (Article 3).

However, Members may maintain or introduce measures which result in higher standards if there is scientific justification or as a consequence of consistent risk decisions based on an appropriate risk assessment (Article 5).

Pursuant to Article 4, it is expected that Members would accept the SPS measures of other Members if the exporting country demonstrates to the importing country that its measures achieve the importing country's appropriate level of health protection. Annex C of the SPS Agreement lays down detailed rules for conformity assessment procedures.

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