The World Trade Organization Agreement on the application of sanitary and phytosanitary measures

Abstract

On 15 April 1994, 125 States signed the 'Final Act embodying the results of the Uruguay Round of multilateral trade negotiations', concluded under the aegis of the General Agreement on Tariffs and Trade (GATT). This Final Act contains an 'Agreement on the Application of Sanitary and Phytosanitary Measures' ('SPS Agreement'), which came into effect on 1 January 1995 with the establishment of the World Trade Organisation (WTO) to replace GATT. The aim of the SPS Agreement is to minimise the negative effects of health restrictions on international trade. To achieve this aim, the animal health measures established by countries to ensure the protection of human and animal life and health should be based on international standards, guidelines and recommendations, primarily those developed by the Office International des Epizooties (OIE). The OIE Codes therefore play a central role in this process. The SPS Agreement requires States not to introduce or maintain animal health measures which result in a higher level of protection than that advocated by these international standards, except where a State is able to provide scientific justification of the need for such measures. The SPS Agreement also emphasises the need for transparency in the import health measures which States enforce. Lastly, the general provisions relating to dispute settlement contained in the Final Act will be applicable to disputes arising in the health sector. If scientific or technical questions are raised, the WTO panel responsible for settling the dispute will be able to consult the OIE.