Commerce & marketsen
Sanitary and Phytosanitary Measures (SPS)
Measures applied to protect human, animal, or plant health from risks arising from additives, contaminants, diseases, or pest organisms.
Legal framework
The WTO SPS Agreement governs the use of sanitary and phytosanitary measures in international trade. It recognises the sovereign right of states to protect health within their territory, while ensuring these measures do not constitute disguised restrictions on trade.
Fundamental principles
The agreement rests on several pillars:
- Scientific basis: measures must be based on scientific principles and risk assessment
- Harmonisation: use international reference standards (Codex Alimentarius, OIE/WOAH, IPPC)
- Equivalence: accept other countries' measures if they provide an equivalent level of protection
- Regionalisation: adapt measures to actual sanitary conditions of a zone (not the entire country)
- Transparency: notify new measures to the WTO SPS Committee
Application in the EU
The EU applies one of the strictest SPS frameworks globally, based on the precautionary principle (Article 191 TFEU). Import controls are performed at Border Control Posts (BCPs) via the TRACES NT system for products of animal origin, plants, and food.
Issues for operators
- Obtain required certifications (health certificate, phytosanitary certificate) before shipment
- Know the applicable maximum residue limits (MRLs) in the destination country
- SPS measures are the leading cause of entry refusal for food goods in the EU (RASFF system)