SPS Flashcards
Learning SPS
Which agreement has primacy TBT or SPS?
Art 1.5 of TBT says SPS takes primacy
Does the SPS impose substantive obligations or is just an elaboration of XX(b) GATT?
EC - Hormones: SPS does not contain substantive obligations.
What right does the SPS give members?
Art 2.1 - right to take SPS measures (reverses onus of proof)
What requirements does the SPS lay down for SPS measuers?
Art 2.2 -
(1) Applied only to exntent necessary to protect human, animal or plant life/health; and
(2) Have basis in scientified evidence.
Art 2.3 - SPS measure can’t be arbitratry/unjustifiable discrimination or disguised restriction on trade.
How is Art 2.3 of the SPS applied?
Compliance Panel, Australia - Salmon:
(1) Measure discriminates between Members;
(2) Discrimination is arbitrary or unjustifiable; and
(3) Identical or similar conditions prevail in Members.
Products don’t have to be like if they pose similar health risks/disease vectors!
How does the SPS deal with levels of protection afforded by measures?
Art 5.5 - prohibits arbitrary or unjustifiable distinctions in the levels of protection deemed appropriate by a Member in different but comparable situations.
How is the goal of harmonization achieved in the SPS?
Art 3 - EC-Hormones (ABR): presumption of consistency of measures that conform to international standards.
Members have three options:
(1) Base measures on intl standards;
(2) Conform measures to intl standards (adopt standard entirely); or
(3) Deviate from intl standards use higher standard (if justified by Art 3.3).
What must SPS measures be based on?
Risk assessment (Art 5.1)
What are the two types of risk assessments under the SPS?
(1) Protection from risks of pests or diseases (requires asessing biological/economic consequences of risk)
(2) Protection from food borne risks.
How do you know what type of risk assessment applies under the SPS?
Depends on the goal or purpose of the measure.
