Agreement On Sanitary And Phytosanitary Measures Notes

(2) Where significant investments are required to enable a member of an exporting country to meet the health or plant health requirements of an importing member, the member plans to provide technical assistance to enable the member of the developing country to maintain and expand its market access opportunities for the product concerned. The WTO`s main “cases” for the implementation of SPS measures include: 1. This agreement applies to all health and plant health measures that may have a direct or indirect impact on international trade. These measures are developed and implemented in accordance with the provisions of this agreement. 1. Members ensure that their health or plant health measures are based on an appropriate assessment of risks to human life or health, animal or plant, taking into account risk assessment techniques developed by relevant international organizations. 1 The initial GATT agreement was revised as part of the Uruguay Round and the revised 1994 GATT is an integral part of the WTO. Their rules continue to apply if they are not replaced by a more specific WTO agreement. With regard to measures relating to food security and plant or animal health within the meaning of the SPS agreement, the provisions of this regime apply primarily to those of the 1994 GATT. (Back to the text) Health and plant health measures can, by their very nature, lead to trade restrictions. All governments accept that certain trade restrictions may be necessary to ensure food security and the protection of animal and plant health.

However, there is sometimes pressure on governments to go beyond what is necessary to protect health and to use health and plant health restrictions to protect local producers from economic competition. This pressure is expected to increase as the Uruguay Round agreements remove new trade barriers. A health or plant health restriction, which is not really necessary for health reasons, can be a very effective protectionist device and, because of its technical complexity, constitute a particularly misleading and difficult obstacle. Yes, since 1948, national food security, animal health and plant health measures affecting trade have been governed by GATT rules. Article I of the GATT (see note 1), the most favoured nation clause, required non-discriminatory treatment of products imported from various foreign suppliers, and Article III required that these products not be treated less favourably than domestically manufactured products with respect to the laws or requirements for their sale. These provisions apply, for example, to limit values for pesticide residues and food additives, as well as restrictions on animal or plant health.