1. Overview of the WTO SPS Agreement and the role of
National Notification Authority & Enquiry Points
Tracy McCracken
SPS Technical Advisor East Africa Region
United States Agency for International Development (USAID)
Kenya and East Aferica/Office of Regional Economic Integration

2. Overview SPS Definition SPS Measures
Key Provisions of the SPS Agreement
National Enquiry and Notification Points
Under the WTO SPS agreement, it states that each member shall establish a SPS National Notification Authority and Enquiry Point. Thus, at the time of accession, the Bahamas must have a National Notification Authority and Enquiry Point in place.

3. ANIMAL PLANT HEALTH HEALTH What is SPS?
SPS = Sanitary and Phytosanitary Standards
ANIMAL PLANT
HEALTH HEALTH

4. The WTO SPS Agreement Basic Right Article 2.1
“Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement”

5. Agreement on the Application of Sanitary and Phytosanitary Measures
The right to protect
human, animal
or plant life or health
Avoiding
unnecessary
barriers to trade

6. SPS Measures Definition - Annex A
A measure taken to protect:
Human or risks arising from additives,
animal health contaminants, toxins or disease
organisms in food, drink, feedstuff
from
from
Human life plant- or animal-carried diseases
Animal or pests, diseases, disease-causing
plant life organisms
from
from
A country other damage caused by entry,
establishment or spread of pests

7. SPS measures: laws, decrees, regulations… including:
end product criteria
processes and production methods
testing, inspection, certification approval procedures, etc.
quarantine treatments
transport
packaging and labelling requirements directly related to food safety

8. Key Provisions of the SPS Agreement
Non-discrimination
Scientific justification
harmonization
risk assessment
consistency
least trade-restrictiveness
Equivalence
Regionalization
Transparency
Technical assistance/special treatment

9. Non-discrimination Article 2.3
No unjustifiable discrimination
between Members with similar conditions
sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade.

10. Scientific justification Article 2.2
based on scientific principles
Members shall ensure that any SPS measure is:
applied only to the extent necessary to protect human, animal or plant life or health (least trade restrictive)
not maintained without sufficient scientific evidence
except as provided for in Article 5.7
(insufficient information)

11. Scientific Justification Articles 3 & 5
Measures must be based on
Risk assessment OR
International standards

12. Standard-setting organizations
Scientific justification Harmonization Article 3
Standard-setting organizations
food safety
CODEX
plant health
IPPC
animal health
OIE
Codex = Joint FAO/WHO Codex Alimentarius Commission
OIE = World Organization for Animal Health
IPPC = International Plant Protection Convention (FAO)

13. Scientific justification Risk Assessment Article 5.1
Members shall ensure that their SPS measures are based on
an assessment, as appropriate, of the risks to human, animal or plant life or health,
taking into account risk assessment techniques developed by the relevant international organizations.

14. Scientific justification Consistency Article 5.5
Members shall
avoid arbitrary distinctions
in appropriate level of SPS protection (ALOP) considered in different situations
if distinctions result in discrimination or
disguised restrictions on trade

15. Scientific justification Least trade restrictive Article 5.6
Once have determined the NEED for
an SPS measure
AND
Have determined the LEVEL of protection needed
must select
Least-trade restrictive measure
(technically and economically feasible)
to achieve level of health protection

16. Members may provisionally adopt SPS measures
Scientific justification Exception: Provisional measures Article 5.7
Members may provisionally adopt SPS measures
when relevant scientific information is insufficient
on the basis of available information
In such circumstances, Members shall
seeks to obtain additional information to assess risk
review the measure within a reasonable period of time

17. Equivalence Article 4 Members shall
If the exporting country objectively demonstrates that its measures achieve the ALOP of the importing country
Members shall
accept SPS measures of
other Members as equivalent

18. Pest- or disease-free areas Article 6 (Regionalization)
Members shall ensure that their SPS measures
are adapted o the SPS characteristics of an
“area”
all or parts of
several countries
all of a country
part of a country

19. Transparency Article 7 & Annex B
establish an Enquiry Point
AND
designate a Notification Authority
Members shall
notify other Members of new or changed
SPS regulations when
no international standard exists OR
the new regulation is different than the international standard
regulation may have significant effect on trade
AND

20. National Notification Authority & Enquiry Point
Effective SPS Enquiry Points and National Notification Authorities are important in complying with WTO SPS Agreement obligations
Changes in regulations can significantly affect world trade
The WTO notification process facilitates the sharing of this important information with other Members in a timely manner
The WTO notification process provides an opportunity for Members to review each others measures at the draft stage and comment on them before they are officially adopted
Effective Enquiry Points and National Notification Authorities are important!
Changes in regulations can significantly affect world trade
The WTO notification process facilitates the sharing of this important information with other Members in a timely manner
The WTO notification process provides an opportunity for Members to review each others measures at the draft stage and comment on them before they are officially adopted thus preserving trade

21. SPS National Notification Authority
Responsible for notifying all SPS measures that:
Are new or changed
Significantly impact international trade
Are not substantially the same as internationally recognized standards (OIE,CODEX, IPPC)
Via the NNA, Members shall
Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation
Provide copies of the proposed regulation to other Members upon request
Via the NNA, WTO Members are responsible for notifying all SPS measures that are 1) new or changed 2) Significantly impact international trade and 3)
Are substantially different from the internationally recognized standards, guidelines, or recommendations (OIE,CODEX, IPPC). Members are encouraged to notify measures compliant with the OIE, Codex, and IPPC.
If you adopt an international standard, I encourage you to notify the measure to the WTO as this adds to transparency and sometimes slight changes in the international standard language may have a huge trade
Impact.
Also, each measure is to be published at an early stage to ensure that other Members have an opportunity to review measures to incorporate comments. (The WTO recommends a 60 day comment period from date of WTO publication)
The NNA also provides copies of the proposed regulation to other Members upon request
(FYI…OIE - World organisation for animal health; IPPC - International Plant Protection Convention)

22. SPS Enquiry Point
The Enquiry Point monitors WTO Members’ notifications and ensures domestic stakeholders/constituents are made aware of these changes
The Enquiry Point coordinates answers requests on SPS measures and information from other Members
Let’s move onto the operations of the Enquiry Point.
The Enquiry Point coordinates official government comments on foreign SPS notifications that could impact trade to notifying WTO Member countries
The Enquiry Point monitors WTO Members’ notifications and ensures domestic stakeholders/constituents are made aware of these changes
Responds to foreign government requests for information or comments on U.S. notifications

23. Special & Differential Treatment and Technical Assistance Articles 9 & 10
Members...
...shall take account of the special needs of developing countries
...should accord longer time frames for compliance
...agree to facilitate provision of Technical Assistance

24. Summary Sound science is important in guiding SPS policy
Adoption of international standards (Codex, OIE, IPPC) is encouraged, but not required
NNA reports on YOUR country changes in regulations
EP monitors FOREIGN GOVERNMENT changes in regulations and coordinates SPS responses
Communication is critical
Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation
NNA reports on YOUR country changes in regulations
EP monitors FOREIGN GOVERNMENT changes in regulations
Communication is critical (Wide review of notifications by both government and private sector)
Sound science is important in guiding policy discussions (and thus impacts notification); It’s important that Policy makers understand the obligation and importance of this
Adoption of Int’l standards bodies (Codex, OIE, IPPC).
Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation