The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).doc

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1、The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) Members,Reaffirming that no Member should be prevented from adopting or enforcing measures necessary to protect human, animal or plant life or health, subject to the requirement that these measures are not ap

2、plied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Members where the same conditions prevail or a disguised restriction on international trade;Desiring to improve the human health, animal health and phytosanitary situation in all Members;Noting that

3、 sanitary and phytosanitary measures are often applied on the basis of bilateral agreements or protocols;Desiring the establishment of a multilateral framework of rules and disciplines to guide the development, adoption and enforcement of sanitary and phytosanitary measures in order to minimize thei

4、r negative effects on trade;Recognizing the important contribution that international standards, guidelines and recommendations can make in this regard;Desiring to further the use of harmonized sanitary and phytosanitary measures between Members, on the basis of international standards, guidelines a

5、nd recommendations developed by the relevant international organizations, including the Codex Alimentarius Commission, the International Office of Epizootics, and the relevant international and regional organizations operating within the framework of the International Plant Protection Convention, wi

6、thout requiring Members to change their appropriate level of protection of human, animal or plant life or health;Recognizing that developing country Members may encounter special difficulties in complying with the sanitary or phytosanitary measures of importing Members, and as a consequence in acces

7、s to markets, and also in the formulation and application of sanitary or phytosanitary measures in their own territories, and desiring to assist them in their endeavours in this regard;Desiring therefore to elaborate rules for the application of the provisions of GATT 1994 which relate to the use of

8、 sanitary or phytosanitary measures, in particular the provisions of Article XX(b) (1);Hereby agree as follows:Article 1back to topGeneral Provisions1. This Agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. Such measures shall

9、 be developed and applied in accordance with the provisions of this Agreement.2. For the purposes of this Agreement, the definitions provided in Annex A shall apply.3. The annexes are an integral part of this Agreement.4. Nothing in this Agreement shall affect the rights of Members under the Agreeme

10、nt on Technical Barriers to Trade with respect to measures not within the scope of this Agreement.Article2back to topBasic Rights and Obligations1. Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that

11、such measures are not inconsistent with the provisions of this Agreement.2. Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without suffic

12、ient scientific evidence, except as provided for in paragraph 7 of Article 5.3. Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail, including between their own territory an

13、d that of other Members. Sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade.4. Sanitary or phytosanitary measures which conform to the relevant provisions of this Agreement shall be presumed to be in accordance w

14、ith the obligations of the Members under the provisions of GATT 1994 which relate to the use of sanitary or phytosanitary measures, in particular the provisions of Article XX(b).Article 3back to topHarmonization1. To harmonize sanitary and phytosanitary measures on as wide a basis as possible, Membe

15、rs shall base their sanitary or phytosanitary measures on international standards, guidelines or recommendations, where they exist, except as otherwise provided for in this Agreement, and in particular in paragraph 3.2. Sanitary or phytosanitary measures which conform to international standards, gui

16、delines or recommendations shall be deemed to be necessary to protect human, animal or plant life or health, and presumed to be consistent with the relevant provisions of this Agreement and of GATT 1994.3. Members may introduce or maintain sanitary or phytosanitary measures which result in a higher

17、level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection a Member determines to be ap

18、propriate in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5.(2) Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines

19、 or recommendations shall not be inconsistent with any other provision of this Agreement.4. Members shall play a full part, within the limits of their resources, in the relevant international organizations and their subsidiary bodies, in particular the Codex Alimentarius Commission, the Internationa

20、l Office of Epizootics, and the international and regional organizations operating within the framework of the International Plant Protection Convention, to promote within these organizations the development and periodic review of standards, guidelines and recommendations with respect to all aspects

21、 of sanitary and phytosanitary measures.5. The Committee on Sanitary and Phytosanitary Measures provided for in paragraphs 1 and 4 of Article 12 (referred to in this Agreement as the “Committee”) shall develop a procedure to monitor the process of international harmonization and coordinate efforts i

22、n this regard with the relevant international organizationsArticle 4 back to topEquivalence1. Members shall accept the sanitary or phytosanitary measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if t

23、he exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Members appropriate level of sanitary or phytosanitary protection. For this purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other

24、relevant procedures.2. Members shall, upon request, enter into consultations with the aim of achieving bilateral and multilateral agreements on recognition of the equivalence of specified sanitary or phytosanitary measures.Article 5back to topAssessment of Risk and Determination of the Appropriate L

25、evel of Sanitary or Phytosanitary Protection1. Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the re

26、levant international organizations.2. In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and testing methods; prevalence of specific diseases or pests; existence of pest or disease free a

27、reas; relevant ecological and environmental conditions; and quarantine or other treatment.3. In assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall tak

28、e into account as relevant economic factors: the potential damage in terms of loss of production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alte

29、rnative approaches to limiting risks.4. Members should, when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects.5. With the objective of achieving consistency in the application of the concept of appropriate

30、 level of sanitary or phytosanitary protection against risks to human life or health, or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimina

31、tion or a disguised restriction on international trade. Members shall cooperate in the Committee, in accordance with paragraphs 1, 2 and 3 of Article 12, to develop guidelines to further the practical implementation of this provision. In developing the guidelines, the Committee shall take into accou

32、nt all relevant factors, including the exceptional character of human health risks to which people voluntarily expose themselves.6. Without prejudice to paragraph 2 of Article 3, when establishing or maintaining sanitary or phytosanitary measures to achieve the appropriate level of sanitary or phyto

33、sanitary protection, Members shall ensure that such measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility.(3)7. In cases where relevant scientific evidence is insufficie

34、nt, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek

35、 to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time.8. When a Member has reason to believe that a specific sanitary or phytosanitary measure introduced or maintained by

36、 another Member is constraining, or has the potential to constrain, its exports and the measure is not based on the relevant international standards, guidelines or recommendations, or such standards, guidelines or recommendations do not exist, an explanation of the reasons for such sanitary or phyto

37、sanitary measure may be requested and shall be provided by the Member maintaining the measure.Article 6back to topAdaptation to Regional Conditions, Including Pest or Disease Free Areas and Areas of Low Pest or Disease Prevalence1. Members shall ensure that their sanitary or phytosanitary measures a

38、re adapted to the sanitary or phytosanitary characteristics of the area whether all of a country, part of a country, or all or parts of several countries from which the product originated and to which the product is destined. In assessing the sanitary or phytosanitary characteristics of a region, Me

39、mbers shall take into account, inter alia, the level of prevalence of specific diseases or pests, the existence of eradication or control programmes, and appropriate criteria or guidelines which may be developed by the relevant international organizations.2. Members shall, in particular, recognize t

40、he concepts of pest or disease-free areas and areas of low pest or disease prevalence. Determination of such areas shall be based on factors such as geography, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls.3. Exporting Members claiming that are

41、as within their territories are pest or disease-free areas or areas of low pest or disease prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Member that such areas are, and are likely to remain, pest or diseasefree areas or areas of low pest

42、 or disease prevalence, respectively. For this purpose, reasonable access shall be given, upon request, to the importing Member for inspection, testing and other relevant procedures.Article 7back to topTransparencyMembers shall notify changes in their sanitary or phytosanitary measures and shall pro

43、vide information on their sanitary or phytosanitary measures in accordance with the provisions of Annex B.Article 8back to topControl, Inspection and Approval ProceduresMembers shall observe the provisions of Annex C in the operation of control, inspection and approval procedures, including national

44、 systems for approving the use of additives or for establishing tolerances for contaminants in foods, beverages or feedstuffs, and otherwise ensure that their procedures are not inconsistent with the provisions of this Agreement.Article 9back to topTechnical Assistance1. Members agree to facilitate

45、the provision of technical assistance to other Members, especially developing country Members, either bilaterally or through the appropriate international organizations. Such assistance may be, inter alia, in the areas of processing technologies, research and infrastructure, including in the establi

46、shment of national regulatory bodies, and may take the form of advice, credits, donations and grants, including for the purpose of seeking technical expertise, training and equipment to allow such countries to adjust to, and comply with, sanitary or phytosanitary measures necessary to achieve the ap

47、propriate level of sanitary or phytosanitary protection in their export markets.2. Where substantial investments are required in order for an exporting developing country Member to fulfil the sanitary or phytosanitary requirements of an importing Member, the latter shall consider providing such tech

48、nical assistance as will permit the developing country Member to maintain and expand its market access opportunities for the product involved.Article 10back to topSpecial and Differential Treatment1. In the preparation and application of sanitary or phytosanitary measures, Members shall take account

49、 of the special needs of developing country Members, and in particular of the least-developed country Members.2. Where the appropriate level of sanitary or phytosanitary protection allows scope for the phased introduction of new sanitary or phytosanitary measures, longer time-frames for compliance should be accorded on products of interest to developing country Members so as to maintain opportunities for their exports.3. With a view to ensuring th