SIMILARITIES
The two Agreements have some common elements, including:
- the requirement that a measure be the least trade restrictive;
- disciplines regarding control and inspection procedures (Conformity Assessment Procedures in the TBT Agreement, and Control, Inspection and Approval procedures in SPS Agreement);
- basic obligations of non-discrimination and similar requirements for the advance notification of proposed measures, and
- the creation of information offices (so-called transparency requirements).
Both Agreements encourage the use of international standards in order to promote harmonization.
DIFFERENCES
- Because the obligations that governments have accepted are different under the two agreements, it is important to know whether a measure falls under the realm of SPS or TBT.
- Sanitary and phytosanitary measures may be imposed only to the extent necessary to protect human, animal and plant health, and on the basis of scientific information.
- Governments may, however, introduce TBT regulations when necessary to meet a number of objectives, such as national security, the prevention of deceptive practices, protection of human, animal or plant life or health, or the environment, among others.