SPS Agreement and the Codex Alimentarius
- 1. Introductory brief on SPS Agreement
The Agreement on the Application of Sanitary and Phytosanitary Measures (“the SPS Agreement") sets out the basic rules for food safety and animal and plant health requirements.
2. Central principles of the SPS Agreement
Harmonisation
WTO members are entitled to determine their own SPS measures provided they are in accordance with the terms of the SPS Agreement (based on scientific principles). However, under the principle of harmonization, WTO members are encouraged to base their SPS measures on international standards, guidelines and recommendations, where they exist. The SPS Committee promotes and monitors international harmonisation.
Equivalence
The SPS Agreement requires importing WTO members to accept the SPS measures of exporting WTO members as equivalent if the exporting country objectively demonstrates to the importing country that its measures achieve the importing country's ALOP. Typically, recognition of equivalence is achieved through bilateral consultations and the sharing of technical information.
Appropriate level of protection
According to the SPS Agreement the appropriate level of protection (ALOP) is the level of protection deemed appropriate by the WTO member to protect human, animal or plant life or health within its territory. It is important to clearly distinguish between the ALOP established by a WTO member and the SPS measures. The ALOP is a broad objective. The SPS measures are established to attain that objective. The determination of the ALOP logically precedes the establishment of an SPS measure.
Each WTO member has the right to determine its own ALOP. However, in determining their ALOP, WTO members should take into account the objective of minimising negative trade effects. In addition, WTO members are required to apply the concept of ALOP consistently; i.e. they must 'avoid arbitrary or unjustifiable distinctions' that 'result in discrimination or a disguised restriction on international trade'.
Risk assessment
The SPS Agreement requires WTO members to base their SPS measures on a risk assessment, as appropriate to the circumstances. In conducting such risk assessments WTO members are required to take into account risk assessment techniques developed by relevant international organisations. The reason WTO members conduct a risk assessment is to determine the SPS measures to apply to an import in order to achieve their ALOP. However, the SPS measures which a WTO member adopts must not be more trade-restrictive than required to achieve their ALOP, taking into account technical and economic feasibility.
Regional conditions
The SPS characteristics of a geographic region — be it all of a country, part of a country, or all or parts of several countries — are referred to in the SPS Agreement as regional conditions. They can affect the risk posed to human, animal or plant life or health. Accordingly, the SPS Agreement requires WTO members to adapt their SPS measures to the regional conditions from which the product originated and to which the product is destined. In particular, WTO members are required to recognise the concepts of pest/disease-free areas and areas of low pest/disease prevalence.
Transparency
The principle of transparency in the SPS Agreement requires WTO members to provide information on their SPS measures and to notify changes in their SPS measures. WTO members are also required to publish their SPS regulations. The notification requirements are met through a national notification authority. Each WTO member must also nominate a national enquiry point to deal with SPS related queries from other WTO members.
Technical assistance and special treatment
The WTO recognises that the technical capacity to implement the SPS Agreement will vary between WTO members. Developing country members, in particular, may find implementation challenging due to resource constraints, including limited expertise. To help overcome this problem, a number of mechanisms are built into the SPS Agreement.
WTO members agree to facilitate the provision of technical assistance to other members, especially developing countries, either bilaterally or through international organisations such as the Three Sisters. The SPS Agreement also provides for special and differential treatment. For example, in applying SPS measures WTO members are required to take account of the special needs of developing country members, particularly the least-developed country members.
3. Facilitating trade
- Choosing measures that are not more restrictive than required to protect health
- Equivalence agreements
- Recognition of disease- or pest-free regions within a country
- Ensuring that control, inspection and approval procedures including, inter alia, procedures for sampling, testing and certification are undertaken and completed without undue delay and in no less favourable manner for imported products than for like domestic product
4. What international standards are recognised under the SPS Agreement?
There are three international standard-setting bodies specifically mentioned in the SPS Agreement. These are often referred to as the 'Three Sisters':
- the Codex Alimentarius Commission (Codex) dealing with food safety.
- the International Plant Protection Convention (IPPC) dealing with plant health
- the World Organisation for Animal Health (OIE) dealing with animal health
- For any issue not falling under the organisations mentioned above: organisations identified by the SPS committee
5.The SPS Agreement and the Codex Alimentarius Commission
Codex is the main international food standard-setting organisation. The Codex Alimentarius is a science-based organization. Independent experts and specialists in a wide range of disciplines have contributed to its work to ensure that its standards withstand the most rigorous scientific scrutiny. The work of the Codex Alimentarius Commission, together with that of FAO and WHO in their supportive roles, has provided a focal point for food-related scientific research and investigation, and the Commission itself has become an important international medium for the exchange of scientific information about the safety of food. Collaboration between WTO and the Codex Alimentarius concerns the use of international food safety standards in the context of the SPS Agreement. The standards of Codex have also proved an important reference point for the dispute settlement mechanism of the WTO.
Codex is a global process; during the year, Codex work takes place over the 5 continents; over and above the annual plenary session of the Commission, the Codex has 17 committees, six regional coordination committees, and various working groups.
