Sanitary and phytosanitary measures
Can you be sure that strict regulations containing health and safety requirements are used or not used because of the protection of local manufacturers. How to ensure that your country's consumers are supplied with food-friendly products using the standards that you are going to apply.
The Agreement on how Governments can apply measures to ensure food security, animal and plant health (sanitary and phytosanitary measures or SPS) establishes the basic rules on these issues.
Countries are allowed to develop their own standards. But they should be based on scientific data. They should also be used only within the framework of the necessary protection of the life and health of people, animals and plants. Without sufficient grounds, they should not create differences between countries with the same and similar conditions.
Member countries are encouraged to use existing international standards, guidelines and recommendations. If an international standard is used, it is unlikely that it could be challenged from a legal point of view in the WTO.
However, member countries may use measures that resulted from the tightening of the standard if there is scientific justification for this. They may also set higher requirements in standards based on risk assessment, but not arbitrarily. Member countries can apply the "preventive principle" or the "safety first" approach quite widely when there is uncertainty in the outcome of scientific research. Thus, Article 5.7 of the SPS Agreement allows for the temporary application of preventive measures.
The agreement allows countries to use different standards and different methods of product control.
How can an exporting country be sure that the measures it takes for its products are applicable in the importing country? If the exporting country can demonstrate that the measures it takes for its exports achieve the same level of health protection as in the importing country, it is assumed to use the standards and methods of the exporting country.
The SPS Agreement includes provisions on product control and approval procedures. Government agencies are required to provide advance notifications of new or changing sanitary and phytosanitary measures and to establish information services to provide information.
The Agreement on how Governments can apply measures to ensure food security, animal and plant health (sanitary and phytosanitary measures or SPS) establishes the basic rules on these issues.
Countries are allowed to develop their own standards. But they should be based on scientific data. They should also be used only within the framework of the necessary protection of the life and health of people, animals and plants. Without sufficient grounds, they should not create differences between countries with the same and similar conditions.
Member countries are encouraged to use existing international standards, guidelines and recommendations. If an international standard is used, it is unlikely that it could be challenged from a legal point of view in the WTO.
However, member countries may use measures that resulted from the tightening of the standard if there is scientific justification for this. They may also set higher requirements in standards based on risk assessment, but not arbitrarily. Member countries can apply the "preventive principle" or the "safety first" approach quite widely when there is uncertainty in the outcome of scientific research. Thus, Article 5.7 of the SPS Agreement allows for the temporary application of preventive measures.
The agreement allows countries to use different standards and different methods of product control.
How can an exporting country be sure that the measures it takes for its products are applicable in the importing country? If the exporting country can demonstrate that the measures it takes for its exports achieve the same level of health protection as in the importing country, it is assumed to use the standards and methods of the exporting country.
The SPS Agreement includes provisions on product control and approval procedures. Government agencies are required to provide advance notifications of new or changing sanitary and phytosanitary measures and to establish information services to provide information.