Technical Barriers to Trade (TBT) refer to regulations, standards, and testing or certification procedures imposed by countries on products to protect human health, safety, and the environment. These measures can sometimes hinder international trade when applied in a discriminatory manner.
SPS (Sanitary and Phytosanitary) measures are regulations and requirements implemented by countries to protect human, animal, and plant life or health from risks arising from pests, diseases, or contaminants in food or agricultural products. They are aimed to ensure food safety and control diseases that may affect animals or plants.
The WTO Agreement on Technical Barriers to Trade aims to ensure that technical regulations, standards, and conformity assessments do not create unnecessary obstacles to trade. The agreement encourages countries to use international standards where possible and to ensure transparency in the development of regulations.
The WTO Agreement on Sanitary and Phytosanitary Measures sets the rules for how governments can apply food safety and animal/plant health regulations. It aims to ensure that these measures are based on science, do not unnecessarily restrict trade, and are applied consistently.
While both SPS and TBT measures address standards and regulations, SPS measures specifically focus on protecting human, animal, and plant life or health from biological risks, such as pests or contaminants. TBT measures cover a broader range of issues, including product labeling, safety, and environmental protection, and may apply to any product.
Countries must ensure that their SPS and TBT measures are based on scientific evidence, are non-discriminatory, and are not more trade-restrictive than necessary to achieve their objectives. They also need to notify the WTO about new regulations and be transparent in their procedures.
International standards, such as those set by the Codex Alimentarius (for food safety), the World Organization for Animal Health (OIE), and the International Plant Protection Convention (IPPC), play a crucial role in SPS measures. For TBT, international standards from bodies like the ISO (International Organization for Standardization) are encouraged to ensure harmonization and facilitate trade.
The SPS and TBT Committees are WTO bodies where Member countries discuss issues related to the implementation of the respective agreements. They provide a forum for Members to raise specific trade concerns (STCs) about the SPS or TBT measures of other countries, and seek solutions to potential trade barriers.
Businesses may face additional costs or delays if they need to comply with SPS or TBT measures in export markets, such as meeting specific labeling, packaging, or safety standards, or undergoing testing and certification processes. Non-compliance could lead to product rejections or restrictions in accessing foreign markets, and placing their products in foreign markets.
Specific Trade Concerns (STCs) are issues raised by WTO Members in the SPS or TBT Committees regarding another Member's measures that may affect trade. Members discuss these concerns to find mutually acceptable solutions, aiming to address unnecessary trade barriers while ensuring protection of health, safety, and the environment.