For matters outside the aforementioned organizations, the SPS Committee has not yet recognized other standards bodies, although this possibility is permitted as part of the agreement. Box 3 – The difference between SPS and TBT The TBT agreement is similar to the SPS agreement in your content and format. Both agreements promote the application of international standards (harmonisation) and the principle of equivalence in the development of non-tariff measures. In implementing these measures, both agreements promote the concepts of non-discrimination and avoidance of unnecessary barriers to trade. The transparency provisions are also very similar. The difference between agreements consists mainly of the coverage and the underlying basis of the application of a measure. In general, a measure under the OBT agreement must be based on a legitimate objective. For example, governments may impose specific requirements on the importation of armaments (national security) or limit imports of endangered species (environment) or impose that labels on cigarette packets warn consumers of the dangers of smoking (human health). These are examples of legitimate objectives that governments use as the basis for requirements for imported products.
These measures do not fall within the scope of the SPS Convention, as they do not meet the definition of an SPS measure as defined in Box 3. Where a regulation contains both SPS and TBT elements, it should be notified in accordance with both the SPS and OBT agreements, preferably specifying the parts of the regulation subject to the spS (for example. B a food security measure) and the parties covered by the OBT agreement (for example. B quality or composition requirements). Box 3 illustrates the distinction between SPS and TBT measures. Keep in mind that the criterion for notification of international standards, guidelines or recommendations is whether the content of a proposed SPS regulation is essentially identical to the content of an international standard, directive or recommendation. Therefore, even if the objective or level of protection achieved is consistent with that of the standard, the required standard still needs to be notified if the necessary measures are not essentially identical to those of the international standard. “Health or plant health measures include all relevant laws, regulations, regulations, requirements and procedures, including, among other things, the criteria of the final product; Processes and production methods Testing, testing, certification and certification procedures; quarantine treatments, including relevant requirements for transporting animals or plants or materials necessary for their survival during transportation; provisions for statistical methods, sampling methods and risk assessment methods; packaging and labelling requirements that are directly related to food safety.” The OBT agreement (Article 1.5) stipulates that the provisions of the OBT agreement do not apply to the measures covered by Schedule A of the SPS agreement. In other words, the measures that fall under the “Protection against Protection?” column below are not covered by the OBT agreement. In an effort to improve transparency, some countries are also notifying rules that comply with international standards, which is well received.