Sps Agreement Gatt

In addition, health and plant health measures can only be imposed to the extent necessary to protect human, animal or plant health on the basis of scientific information. However, governments can introduce OBT rules where necessary to achieve a number of objectives, such as national security or the prevention of deceptive practices. Since the commitments made by governments are different under the two agreements, it is important to know whether a measure is a health or plant health measure or a measure subject to the OBT agreement. This introduction examines the text of the SPS agreement as contained in the final act of Uruguay`s round of multilateral trade negotiations, signed in Marrakech on 15 April 1994. This agreement and other agreements contained in the final act are part of the Treaty establishing the World Trade Organization (WTO) with the General Agreement on Tariffs and Trade as amended (GATT 1994). The WTO has replaced GATT as the umbrella organization for international trade. Because GATT focused on tariff reductions, the framework before the SPS agreement was not sufficiently sufficient to deal with the problems of non-tariff barriers (NB) and the need for an independent agreement on this issue became critical. [4] The SPS agreement is an ambitious attempt to address NB due to cross-border differences in technical standards, without reducing the prerogative of governments to implement protection measures against diseases and pests. [5] All governments of WTO member states must have an investigative body, an office to receive and respond to requests for information on the health and plant health measures of these countries. These requests may be copies of new or existing regulations, information on relevant agreements between two countries, or information on risk assessment decisions. The addresses of the application points can be found here. Within the WTO, a special committee has been set up as a forum for the exchange of information between Member State governments on all aspects of the implementation of the SPS agreement.

The SPS Committee verifies compliance with the agreement, examines issues that may have an impact on trade, and maintains close cooperation with the technical organizations involved. In a trade dispute over a health or plant health measure, the usual WTO dispute resolution procedures are applied and opinions can be sought from appropriate scientific experts. Measures relating to environmental protection (with the exception of those mentioned above), consumer protection or animal welfare are not covered by the SPS agreement. However, these concerns are addressed by other WTO agreements (i.e. the OBT agreement or Article XX of the 1994 GATT). In the context of a dispute over SPS measures, the group may seek scientific advice, including by convening a group of technical experts. If the body concludes that a country is not meeting its obligations under a WTO agreement, it will generally recommend that the country bring its measure into line with its obligations. That might involve. B procedural changes in the way a measure is applied, an amendment or elimination of the measure, or simply the elimination of discriminatory elements. Who benefits from the implementation of the SPS agreement? Is the agreement in the interest of developing countries? The agreement on the application of health and plant health measures, also known as the SPS agreement or simply SPS, is an international treaty of the World Trade Organization (WTO).

It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) and came into force with the creation of the WTO in early 1995. [1] Overall, the health and plant health measures („SPS”) covered by the agreement are those aimed at protecting life, the animal or the plant or human or plant health from certain risks. [2] Specific health and plant health requirements are most frequently applied on a bilateral basis