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In its first year of existence, the SPS Committee has developed recommended procedures and a standard format for governments that can be used to require advance notice of new regulations. By the end of 1997, more than 700 reports on sanitary and phytosanitary measures had been submitted and distributed. The Committee considered information provided by Governments on their national regulatory procedures, their use of risk assessments in the development of sanitary and phytosanitary measures and their disease status, in particular with regard to foot-and-mouth disease and fruit flies. In addition, many trade issues have been discussed in the SPS Committee, in particular with regard to bovine spongiform encephalopathy (BSE). In accordance with the SPS Agreement, the SPS Committee has developed a preliminary procedure for monitoring the implementation of international standards. The SPS Committee continues to work on guidelines to ensure consistency in risk management decisions to reduce possible arbitrariness in government action. In 1998, the SPS Committee will review the implementation of the SPS Agreement. The Agreement on the Application of Sanitary and Phytosanitary Measures (the “SPS Agreement”) entered into force with the establishment of the World Trade Organization on 1 January 1995. It concerns the application of the rules on food safety and animal and plant health.
Both agreements contain some common elements, including basic non-discrimination obligations and similar requirements for the notification of proposed measures and the establishment of information offices (“enquiry points”). However, many of the substantive rules differ. For example, both agreements promote the application of international standards. However, under the SPS Agreement, the only justification for the absence of such food safety and animal/plant health standards is scientific arguments arising from an assessment of potential health risks. On the other hand, under the TBT Convention, governments may decide that international standards are not appropriate for other reasons, including fundamental technological problems or geographical factors. In addition, the Commission prepares “comparative tables” identifying similarities with EU requirements with regard to import requirements listed in Ukraine`s general import certificates. The number of similarities between legislation reflected in import requirements in import licences is significant and results from Ukraine`s efforts, as defined by the Association Agreement, to align its SPS rules and standards with those of the EU. These comparison tables can also be found in the export library. Even if the SPS measures were made “fully enforceable” and were subject to dispute settlement under the agreement, it is unlikely that the EU or the US would sue because they do not allocate sufficient resources to “enforce the right to protection”. TTIP is a trade facilitation agreement and not an agreement on public health, plant health or animal health and welfare. Under trade agreements, including TTIP, SPS rules must be justified as “less trade-restrictive”. The failure of a “least restrictive” measure in the fields of public health, animal health or environmental health is not grounds for prosecution in ISDS.
With the publication of the proposed chapter on dispute settlement between governments on 7 January, TTIP does not provide recourse for non-investors and now governments. [xxiii] One of the provisions of the SPS Agreement is the obligation of Members to facilitate the provision of technical assistance to developing countries, either through relevant international organizations or bilaterally. FAO, OIE and WHO have set up extensive programmes to support developing countries in food safety and animal and plant health. A number of countries also maintain extensive bilateral programmes with other WTO Members in these areas. The WTO Secretariat has organized a programme of regional seminars to provide developing countries (and countries in Central and Eastern Europe) with detailed information on their rights and obligations under this Agreement. These seminars are organised in collaboration with Codex, the OIE and the IPPC to ensure that governments are fully aware of the role these organisations can play in helping countries meet their needs and the benefits of the SPS Agreement. Interested private sector associations and consumer organisations may participate in the seminars. The WTO Secretariat also provides technical assistance through national workshops and governments through their representatives in Geneva. Back to top Although a number of developing countries have excellent food safety, veterinary and phytosanitary services, this is not the case in other countries.
For them, the requirements of the SPS Convention pose a challenge to improving the health situation of their people, livestock and crops, which can be difficult for some to meet. As a result of these difficulties, all the requirements of the SPS Agreement, with the exception of those relating to transparency (notification and establishment of enquiry points), have been postponed to 1997 for developing countries and 2000 for least developed countries. .
