10 SPS Agreement – Fundamental Rights and Obligations (Article 2) Right to implement the sanitary and plant health measures necessary for the protection of human beings, Plants or Health Measures based on non-discriminatory scientific principles Do not discriminate Trade restrictions in disguise 2 Agreement on the Application of Health and Plant Health Measures (SPS) Negotiations in parallel with the major agricultural trade negotiations, which came into force in 1995, apply to all measures to protect persons, Animal and plant life and health that may have a direct or indirect impact on trade 17 Equivalence Article 4 If the SPS measure is equivalent to that of other members, even if they are different from their own exporting member, they must objectively prove to the importing member that their measures reach their adequate level of protection for the management of the business – ”equivalence” that enjoys reasonable access to inspection/testing agreements , members are presented on request. , to consult with a view to reaching bilateral or multilateral agreements or to recognize the equivalence of certain SPS measures a member of the harmonization of 44 harmonization members bases their health or plant health measures on international standards, guidelines or recommendations, if any. Allows stricter standards on the basis of scientific justification, however, countries that have strict standards specifications (aflatoxin, v.cholerae) – testing method (V.cholerae-Norway) Different naations and testing methods within the EU 8 objectives of the SPS agreement For the protection and improvement of current human health, animal health and the plant health situation of all Member States In order to protect members from arbitrary or unjustified discrimination based on different health and plant health standards In order to preserve the sovereign right of each government to establish an adequate level of protection, d. h. allow countries to set their own health and safety standards 45 transparency members report and provide information on their health or plant health measures in accordance with the established provisions No information on specifications sampling, inspection and auditing methods, (. B, for example, bacterial inhibitors, vibrio) New rules implemented without notice delay ”Computerization (website) – Transparency Infrastructure in particular Laboratory buildings and devices Inspection and orientation control for international approval purposes (ISO/IEC 17020/25 ,,Guide 6 5 Rationalization of activities in existing systems Study on the role of EIC in the context of the WTO Human Resources Strengthening (HR-QDC) Interaction with equivalency agreement regulators – all free trade agreements, who play a role in the technical assistance of the EIC – 8 projects with the EC 3 SPS agreement – A carefully worked balance Members have the right to apply the sanitary and plant health measures necessary to protect people, animals, plants or health (Article 2.1) Members ensure that all health or plant health measures are applied only to the extent to which protection of life , fauna and flora or human health (Article 2.2) Science considers the balance 19 Transparency Notification Obligations Article 7The members are required to disclose all health and plant health provisions adopted or to adopt if an international standard does not exist, whether it differs substantially or if there are significant effects on trade, including emergency calls when urgent health protection issues arise. 43 FAO report on the impact of the SPS agreement on IndiaIn India, it is deeply concerned about the real or perceived replacement of customs barriers by some countries to trade in health and plant protection barriers and other technical barriers to trade.