Agreement On Sanitary And Phytosanitary Measures
(2) Where the appropriate level of health protection or plant protection allows for the gradual introduction of new sanitary or plant protection measures to combat proliferation, longer compliance times for products of interest to members of developing countries should be provided in order to obtain export opportunities. 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. 2. Health or plant health measures in accordance with international standards, guidelines or recommendations are considered necessary to protect the life or health of people, animals or plants and are deemed to be in accordance with the relevant provisions of this agreement and the 1994 GATT. 6. Without prejudice to Article 3, paragraph 2, when establishing or maintaining sanitary or plant health measures to achieve an appropriate level of plant health or protection, members ensure that these measures are no more restrictive than those necessary to achieve their appropriate health or plant health level, taking into account the technical and economic feasibility. (3) 1. Members ensure that their health or plant health measures are adapted to the sanitary or plant health characteristics of the area, whether it is a country, part of a country or, in whole or in part, several countries from which the product originates and for which the product is intended. In assessing the health or plant health characteristics of a region, members take into account, among other things, the prevalence of certain diseases or pests, the existence of eradication or control programs, and appropriate criteria or guidelines that can be developed by the relevant international organizations. 3.
This agreement does not infringe on members` rights under other international instruments, including the right to use good offices or dispute resolution mechanisms of other international organizations or that have been established under an international agreement. The SPS agreement strengthens the transparency of health and plant health measures. Countries should define SPS measures on the basis of an appropriate assessment of the actual risks they present and, upon request, indicate what factors they have considered, the assessment procedures they have followed and the level they deem acceptable. Although many governments already implement a risk assessment in the area of food security management and animal and plant health, the SPS agreement calls for the broader application of systematic risk assessment between all WTO member governments and for all relevant products. 1. This agreement applies to all sanitary and plant health measures that could directly or indirectly affect international trade. These measures are developed and implemented in accordance with the provisions of this agreement.