Page 26 - Trade and Food Standards

Scope of the SPS Agreement
Scope of the TBT Agreement
The scope of the SPS Agreement is defined by the objective of the measures.
The measures covered by the SPS Agreement are taken to protect:
The scope of the TBT Agreement is defined by the objective of the measures.
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Trade and food standards
Human or animal health
Human health
Animal or plant health
The territory of a country
• Risks arising from additives, contaminants, toxins or disease-causing organisms in food and feed
• Plant- or animal-carried diseases (zoonoses)
• Pests, diseases or disease-causing organisms
• Other damage caused by the entry, establishment or
spread of pests
Technical regulations
Standards
Conformity assessment procedures
• Technical regulations lay down product characteristics or their related processes and production methods. Compliance is mandatory. They may also deal with terminology, symbols, packaging, marking and labelling requirements
• Standards are approved by a recognized body responsible for establishing rules, guidelines or characteristics for products or related processes and production methods. Compliance is not mandatory. They may also deal with terminology, symbols, packaging, marking and labelling requirements
• Conformity assessment procedures are used to determine that relevant requirements in technical regulations or standards are fulfilled.
• They include procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity; and registration, accreditation and approval
TBT and SPS provisions in regional trade agreements
The proliferation of regional trade agreements (RTAs) over the past 20 years has raised concerns about their possible incompatibility with the WTO multilateral trade system. If RTA provisions differ significantly from similar provisions in WTO agreements, engaging in trade and knowing which rules apply can become more complex.
Recent research (Acharya, 2016) has found that most RTAs contain provisions dealing specifically with the TBT and SPS areas, usually in the form of a specific section or chapter. For example, 72 percent of the RTAs in force in 2015 contained TBT provisions, the majority of them simply reaffirming and reinforcing the provisions of the TBT Agreement. A number contained provisions diverging from the TBT Agreement, for
instance, by employing more stringent wording or undertaking broader commitments. In that minority of cases, the divergent provisions generally build on and incorporate the decisions and recommendations of the TBT Committee, especially in the area of transparency. A similar situation can be observed with respect to SPS provisions in RTAs.
Such RTA provisions therefore complement the WTO system by referring to the work of the TBT and SPS Committees or international standards as the basis for their further commitments.
When it comes to food standards and measures, and the TBT and SPS provisions of RTAs, the WTO rules remain the primary determinant for participating in trade.