A
safe bet
TFPJ
presents excerpts from the WTO Agreement on the Application of Sanitary
and Phytosanitary Measures that illumine its various implications in
global trade environs
The
World Trade Organisation (WTO) is an international organisation that
has been established to regulate policies and practices of trade between
global nations. The WTO has formulated a host of agreements in joint
co-ordination with the world’s trading nations. These agreements
ensure that economic exchanges between countries are fair and mutually
beneficial and guarantee the member nations safeguards for their trading
rights in the global arena. The WTO Agreement on the Application of
Sanitary and Phytosanitary Measures (SPS Agreement) strives to improve
the health and phytosanitary situation of all its member nations and
aims to establish harmonised measures between nations. The agreement
makes provisions to assist developing nations in dealing with difficulties
that may arise when complying with the specified sanitary or phytosanitary
measures.
Article 1
General Provisions
This Agreement applies to all sanitary and phytosanitary measures
that may directly or indirectly affect international trade. Such measures
shall be developed and applied in accordance with the provisions of
this Agreement. The execution of this Agreement should not affect the
rights of Members under the Agreement on Technical Barriers to Trade
with respect to measures not within the scope of this Agreement.
Article 2
Basic Rights and Obligations
• 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.
• Members shall ensure that any sanitary or phytosanitary measure
is applied only to the extent necessary to protect human, animal or
plant life or health, is based on scientific principles and is not maintained
without sufficient scientific evidence, except as provided for in paragraph
7 of Article 5.
• Members shall ensure that their sanitary and phytosanitary measures
do not arbitrarily or unjustifiably discriminate between Members where
identical or similar conditions prevail, including between their own
territory and that of other Members. Sanitary and phytosanitary measures
shall not be applied in a manner that would constitute a disguised restriction
on international trade.
• Sanitary or phytosanitary measures which conform to the relevant
provisions of this Agreement shall be presumed to be in accordance with
the obligations of the Members under the provisions of GATT 1994 which
relate to the use of sanitary or phytosanitary measures, in particular
the provisions of Article XX (b).
Article 3
Harmonisation
Members shall base their sanitary or phytosanitary measures
on international standards, guidelines or recommendations in order to
harmonise these steps on a broad ...
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