sps protocol English versionThe WTO Agreement on the Application of Sanitary and Phytosanitary Measures SPS Agreement See Members Reaffirming that no Member should be prevented from adopting or enforc

levels of protection; Recognizing the importance of transparency, consultation, and cooperation in the development, adoption, and application of sanitary and phytosanitary measures; Have agreed as follows:

Article 1: Objectives

The objectives of this Agreement are to:

(a) protect human, animal or plant life or health in the territory of the Members from risks arising from the entry, establishment or spread of pests, diseases, disease-carrying organisms or disease-causing agents;

(b) protect animal or plant life or health in the territory of the Members from risks arising from the entry, establishment or spread of pests;

(c) prevent or limit other damage in the territory of the Members from the entry, establishment or spread of pests.

Article 2: Basic rights and obligations

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 consistent with the provisions of this Agreement.

2. 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 and that of other Members. Sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade.

3. Members shall base their sanitary and phytosanitary measures on scientific principles and shall take into account available scientific information, relevant international standards, guidelines or recommendations, and other relevant factors.

4. Members shall take into account the special needs of developing country Members, including the need for technical and financial assistance, in the implementation of this Agreement.

Article 3: Harmonization

1. To the extent possible, Members shall base their sanitary and phytosanitary measures on international standards, guidelines or recommendations.

2. Members shall participate in the relevant international organizations and shall use international standards, guidelines or recommendations as a basis for their sanitary and phytosanitary measures, except when such international standards, guidelines or recommendations would be ineffective or inappropriate to achieve the sanitary or phytosanitary objective pursued.

3. Members may adopt or maintain sanitary or phytosanitary measures which result in a higher level of protection than that recommended by the relevant international organization, provided that such measures are based on scientific principles and are consistent with the provisions of this Agreement.

Article 4: Equivalence

1. Members shall accept the sanitary or phytosanitary measures of other Members as equivalent, even if these measures differ from their own, provided that they are satisfied that the measures of the exporting Member achieve the appropriate level of sanitary or phytosanitary protection.

2. The exporting Member shall provide the importing Member with sufficient information upon request to enable the importing Member to assess whether the exporting Member's measures achieve the appropriate level of sanitary or phytosanitary protection.

3. Members shall not require other Members to use a particular method for the implementation of sanitary or phytosanitary measures, except when such a method is necessary to ensure the adequate protection of human, animal or plant life or health, and is not inconsistent with the provisions of this Agreement.

Article 5: Transparency

1. Members shall notify other Members through the WTO of proposed or new sanitary or phytosanitary measures, including those which may affect trade.

2. Members shall provide other Members, upon request, with relevant information about their sanitary or phytosanitary measures, including the scientific basis for the measures.

3. Members shall establish and maintain enquiry points to provide information to other Members about their sanitary and phytosanitary measures and to respond to reasonable enquiries from other Members.

Article 6: Consultations

1. Members shall consult with each other, through the WTO, with a view to avoiding or resolving any sanitary or phytosanitary measure which might affect trade between them.

2. Members shall make every effort to reach agreement through consultations in accordance with paragraph 1.

Article 7: Dispute settlement

The dispute settlement provisions of the WTO Agreement shall apply to any dispute arising under this Agreement