Facilitating market access: risk assessment, equivalence and regionalisation provisions in the Agreement on the Application of Sanitary and Phytosanitary Measures

Abstract

The World Trade Organization (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures contains several key provisions that are important for trade in animals and animal products, namely on risk assessment, equivalence and regionalisation. The risk assessment provision allows countries to adopt, on the basis of a risk assessment, measures which achieve a higher level of sanitary protection than that embodied in existing relevant international standards. The equivalence provision requires importing countries to acknowledge that, while the production methods of the exporting country may differ from their own, they may still provide an equivalent level of health protection. Finally, the regionalisation provision enables countries to export animals and animal products from diseasefree areas, even if other areas within that country have experienced outbreaks of a particular animal disease. This paper explores how these provisions, and the scientific concept of the appropriate level of protection, facilitate trade while at the same time allowing Members to establish their sanitary measures. This paper also provides information on the relevant discussions of these provisions within the Committee on Sanitary and Phytosanitary Measures.