Overview of the WTO SPS Agreement
and the role of
National Notification Authority & Enquiry
Points
Tracy McCracken
SPS Technical Advisor East Africa Region
United States Agency for International Development (USAID)
Kenya and East Aferica/Office of Regional Economic Integration
Overview

SPS Definition

SPS Measures

Key Provisions of the SPS Agreement

National Enquiry and Notification Points
2
What is SPS?
SPS = Sanitary and Phytosanitary Standards
ANIMAL
HEALTH
PLANT
HEALTH
3
The WTO SPS Agreement
Basic Right
Article 2.1
“Members have the right to take sanitary
and phytosanitary measures necessary for
the protection of human, animal or plant life
or health, provided that such measures are
not inconsistent with the provisions of this
Agreement”
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Agreement on the Application of
Sanitary and Phytosanitary
Measures
The right to
protect
human, animal
or plant life or
health
Avoiding
unnecessary
barriers to trade
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SPS Measures
Definition - Annex A
A measure taken to protect:
Human or
from
animal health
risks arising from additives,
contaminants, toxins or disease
organisms in food, drink, feedstuff
from
plant- or animal-carried diseases
Animal or
plant life
from
pests, diseases, disease-causing
organisms
A country
from
Human life
other damage caused by entry,
establishment or spread of pests
6
SPS measures:
laws, decrees, regulations…
including:






end product criteria
processes and production methods
testing, inspection, certification approval
procedures, etc.
quarantine treatments
transport
packaging and labelling requirements directly
related to food safety
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Key Provisions of the SPS
Agreement
1.
2.
Non-discrimination
Scientific justification
•
•
•
•
3.
4.
5.
6.
harmonization
risk assessment
consistency
least trade-restrictiveness
Equivalence
Regionalization
Transparency
Technical assistance/special treatment
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Non-discrimination
Article 2.3
No unjustifiable discrimination


between Members with similar conditions
sanitary and phytosanitary measures shall not
be applied in a manner which would
constitute a disguised restriction on
international trade.
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Scientific justification
Article 2.2
based on scientific principles
Members
shall
ensure
that any
SPS
measure
is:
applied only to the extent
necessary to protect human,
animal or plant life or health
(least trade restrictive)
not maintained without
sufficient scientific evidence
except as provided for in Article 5.7
(insufficient information)
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Scientific Justification
Articles 3 & 5
Measures must be based on
Risk assessment
OR
International standards
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Scientific justification
Harmonization
Article 3
Standard-setting
organizations
food safety
CODEX
animal health
plant health
OIE
IPPC
Codex = Joint FAO/WHO Codex Alimentarius Commission
OIE = World Organization for Animal Health
IPPC = International Plant Protection Convention (FAO)
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Scientific justification
Risk Assessment
Article 5.1
Members shall ensure that their SPS
measures are based on


an assessment, as appropriate, of the risks to
human, animal or plant life or health,
taking into account risk assessment techniques
developed by the relevant international
organizations.
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Scientific justification
Consistency
Article 5.5
Members shall
avoid arbitrary distinctions
in appropriate level of SPS
protection (ALOP) considered in
different situations
if distinctions result in discrimination or
disguised restrictions on trade
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Scientific justification
Least trade restrictive
Article 5.6
Once have determined the NEED for
an SPS measure
AND
Have determined the LEVEL of protection needed
must select
Least-trade restrictive measure
(technically and economically feasible)
to achieve level of health protection
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Scientific justification
Exception: Provisional measures
Article 5.7
Members may provisionally adopt SPS
measures
 when
relevant scientific information is insufficient
 on the basis of available information
In such circumstances, Members shall
 seeks
to obtain additional information to assess
risk
 review the measure within a reasonable period of
time
16
Equivalence
Article 4
If the exporting country objectively
demonstrates that its measures achieve the
ALOP of the importing country
Members shall
accept SPS measures of
other Members as equivalent
17
Pest- or disease-free areas
Article 6 (Regionalization)
Members shall ensure that their SPS measures
are adapted o the SPS characteristics of an
“area”
all of a country
part of a country
all or parts of
several countries
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Transparency
Article 7 & Annex B
Members shall
establish an Enquiry Point
AND
designate a Notification Authority
notify other Members of new or changed
SPS regulations when
no international standard exists
OR
the new regulation is different
than the international standard
AND
regulation may
have significant
effect on trade
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National Notification Authority
& Enquiry Point

Effective SPS Enquiry Points and National
Notification Authorities are important in
complying with WTO SPS Agreement obligations

Changes in regulations can significantly affect world
trade

The WTO notification process facilitates the sharing
of this important information with other Members in
a timely manner

The WTO notification process provides an
opportunity for Members to review each others
measures at the draft stage and comment on them
before they are officially adopted
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SPS National Notification
Authority

Responsible for notifying all SPS measures that:




Are new or changed
Significantly impact international trade
Are not substantially the same as internationally recognized
standards (OIE,CODEX, IPPC)
Via the NNA, Members shall

Publish a notice at an early stage such that other Members
have an opportunity to review the particular regulation

Provide copies of the proposed regulation to other Members
upon request
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SPS Enquiry Point

The Enquiry Point monitors WTO Members’
notifications and ensures domestic
stakeholders/constituents are made aware of these
changes

The Enquiry Point coordinates answers requests on
SPS measures and information from other Members
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Special & Differential Treatment and
Technical Assistance
Articles 9 & 10
Members...
• ...shall take account of the special needs of
developing countries
• ...should accord longer time frames for
compliance
• ...agree to facilitate provision of Technical
Assistance
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Summary

Sound science is important in guiding SPS policy

Adoption of international standards (Codex, OIE,
IPPC) is encouraged, but not required

NNA reports on YOUR country changes in regulations

EP monitors FOREIGN GOVERNMENT changes in
regulations and coordinates SPS responses

Communication is critical

Publish a notice at an early stage such that other
Members have an opportunity to review the particular
regulation
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