Sanitary and Phytosanitary Meaures (SPS) and Technical Barriers to Trade (TBT)

1. Sanitary and Phytosanitary Meaures (SPS) and Technical Barriers to Trade (TBT)

2. 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

3. History: TBT and SPS • Tokyo Round (1970s): “Standards Code” • Uruguay Round (1986-94) • Agreement on Agriculture • SPS Agreement • New TBT Agreement

4. SPS and TBT TBT SPS

5. How to tell what is SPS or TBT? First: check if it is an SPS measure

6. pests, diseases, or disease-causing organisms; animal or plant life Definition of an SPS Measure to protect: from: risks arising from additives, contaminants, toxins or disease-causing organisms in their food, beverages, feedstuffs; human or animal life plant- or animal-carried diseases (zoonoses); human life damage caused by the entry, establishment or spread of pests a country

7. SPS: An important footnote • “animal” includes wild fauna, fish • “plant” includes forests, wild flora • “pests” include weeds • “contaminants” include pesticides, veterinary drug residues, extraneous matter

8. What type of measures? All measures with these SPS purposes, including: • product criteria • quarantine measures • processing requirements • certification • inspection • testing • health-related labelling

9. Measures intended to protect, for example • the environment, per se • consumer interests (not health) • animal welfare are NOT covered by the SPS Agreement

10. SPS or TBT? SPS measures TBT measures • 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

11. Example 1: SPS or TBT? Bottled water • safety for human consumption • bottle size and shape • bottle material • breaking • toxic substances contaminating water

12. Example 2: SPS or TBT? • Pesticides • safe handling instructions • quality • residue limits in food

13. Why does it matter which Agreement applies? Different rules apply to SPS and TBT measures

14. The TBT Agreement covers... • Standards • Technical Regulations • Conformity Assessment Procedures

15. TBT: Definitions Annex 1 Technical Requirements Technical Regulations Standards Mandatory Voluntary

16. What is conformity assessment? • Measures taken by manufacturers, their customers, regulatory authorities, and independent third parties to assess compliance with standards

17. TBT: Basis • WTO Members have the right to adopt technical regulations, standards and conformity assessment procedures, • BUT: they must not constitute unnecessary obstacles to trade

18. 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

19. 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 SPS & TBT: main provisions

20. SPS: Scientific Justification Article 2.2 • “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”

21. SPS: Provisional Measures Article 5.7 • 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... But:

22. TBT: legitimate objectives • National security • Prevention of deceptive practices • Human health or safety • Animal and plant life or health • Environment Inter alia !

23. TBT: no unnecessary obstacle to trade (1) • 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

24. TBT: no unnecessary obstacle to trade (2) Three step analysis • Is the policy objective legitimate? • Can this objective be achieved with an alternative measure that is less trade-restrictive? • What are the risks of non-fulfillment of the originally proposed measure?

25. Consequently, where possible Performance-based preferable to design-based or descriptive product requirements

26. 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

27. 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/#

28. 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/#

29. 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

30. TBT: Enquiry Point - RF G/TBT/ENQ/38/Rev.1 • DSTANDARTINFORM4 Granatny per.,Moscow, K-1, GSP-5123995 Russian FederationTel.: +7 (495) 225 61 89 Fax: +7 (495) 332 56 59/+7(495) 719 78 20 Email: enpoint@gostinfo.ru

31. SPS: Transparency provisions • Publication of regulations (Annex B) • Notification (Article 7 and Annex B) • Explanation (Article 5.8)

32. SPS: Notification obligations • National Notification Authority (NNA) – one time + changes • SPS measures – ad hoc • Enquiry Point – one time + changes G/SPS/7/Rev.3

33. SPS: Notification obligations (2) Notifications are circulated as G/SPS/N/country/#

34. SPS: Enquiry Point - RF G/SPS/ENQ/26 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