AbdulRehman Foundation

The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) is a treaty established by the World Trade Organization (WTO) to address the application of sanitary and phytosanitary measures in international trade. It sets out the rights and obligations of WTO member countries in order to protect human, animal, and plant life or health while facilitating trade.

Here are some key points about the SPS Agreement:

1. Objective: The primary objective of the SPS Agreement is to ensure that sanitary and phytosanitary measures are not used as unnecessary barriers to trade. It aims to strike a balance between protecting human, animal, and plant health and preventing unjustified trade restrictions.
2. Scope: The SPS Agreement covers measures related to the protection of human and animal life or health from risks arising from additives, contaminants, toxins, and diseases in food, as well as measures for the prevention of plant pests and diseases in plants and plant products.
3. Science-based Measures: The agreement emphasizes the use of international standards, guidelines, and recommendations developed by international organizations, such as the Codex Alimentarius Commission for food safety and the International Plant Protection Convention for plant health. Members are encouraged to base their SPS measures on scientific principles and risk assessments.
4. Transparency and Notification: Members are required to notify the WTO of their proposed or existing SPS measures. This promotes transparency and allows other members to review and provide comments or raise concerns about these measures. Members should also provide scientific justification for their measures upon request.
5. Equivalence: The SPS Agreement recognizes the concept of “equivalence,” which means that if a member’s SPS measures achieve the same level of health or safety protection as those of another member, they should be accepted as equivalent. This provision helps avoid unnecessary duplication of testing and certification procedures.
6. Regionalization and Special Treatment: The agreement allows members to adopt different measures within their territories based on regional conditions or disease prevalence, as long as they are based on scientific evidence. It also permits special treatment for developing countries to assist them in building their capacity to meet SPS requirements.
7. Dispute Settlement: The SPS Agreement provides a mechanism for resolving disputes between member countries regarding the application of SPS measures. Members can initiate dispute settlement procedures if they believe that another member’s measures are not in compliance with the agreement.

The SPS Agreement plays a crucial role in ensuring that sanitary and phytosanitary measures are applied fairly and transparently in international trade, thereby minimizing the potential for unjustified trade barriers while protecting human, animal, and plant health.