WTO??????-1

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The SPS Agreement
Examples
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Why an SPS Agreement?
What is new? Country B cannot apply uniformly the
same measure to all countriesSPS measures must
be based on scientific justification
(Art.22) Country B cannot ban imports from
country A, where sanitary conditions are similar
(Art.23) Country B cannot ban imports from
FMD-free areas of country C without scientific
justification (Art.6) Country B can maintain its
ban with regard to country D (Art.22)

• Example 1
• Country A is FMD free and wants to export meat to
  country B, also free of FMD
• In country C, FMD is endemic, but some regions
  are FMD-free and under government control
• In country D, FMD is endemic in all its territory
• Country B bans imports of meat from the three
  countries A, C and D, in spite of their different
  sanitary situation...

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Why an SPS Agreement?
What is new? Country A has an obligation to
notify its proposed measure (Art.7 Annex
A) Country A has to give at least 60 days for
comments and take into account such comments
(agreed procedures) If its ALOP allows, country A
should give longer time-frame for compliance to
country B (Art. 102)

• Example 2
• Country A changed its phytosanitary regulations
  for imports of beans, fresh peas in pods and
  dried and fresh corn (there is no international
  standard)
• Country B, a developing country, wants to export
  fresh peas to country A but was not informed of
  the changes
• Additionally, country B needs time to adapt to
  the new requirements in country A...

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Why an SPS Agreement?
What is new? Country B has to carry its control,
inspection and approval procedures without undue
delay in an non-discriminatory manner (Art.8
Annex C) If its measure differs from an existing
international standard,country B has to make
available its risk assessment to country A

• Example 3
• Country A wants to export fish and fish products
  to country B
• Country B requests from country A continued
  delaying information regarding its control,
  inspection and approval procedures...
• Suspicious, country A requests country B to
  provide the risk assessment justifying its
  measure country B is reluctant

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Why an SPS Agreement?

• Example 4
• Country A imposes continued testing of apples
  imported from country B because this countrys
  sanitary requirements differ from its own
• Seeking to avoid repetitive testing country B
  requests equivalence of measures, claiming that
  its measures, although different, achieve the
  ALOP of country A
• Despite intense bilateral consultations, country
  A rejects equivalence