11 - The SPS Chapter under the TPP Agreement and its Implications

Summary

The rules of the SPS Chapter confirm and reinforce the rules under the WTO SPS Agreement by incorporating not only relevant provisions of the WTO SPS Agreement but also decisions of the WTO SPS Committee. Although most of the “SPS Agreement plus” rules are procedural in nature, they are expected to contribute to the enhanced governance of SPS measures in the Asia-Pacific region. In particular, the SPS Chapter would improve the transparency regarding the adoption and implementation of SPS measures. While the SPS Chapter requires improved transparency among the TPP parties, TPP parties may consider it more efficient and appropriate to take the same transparency measures to non-parties as well. If they apply the transparency measures required by the SPS Chapter on a nondiscriminatory basis, the impact of the SPS Chapter would extend beyond the region. Moreover, if the SPS Chapter is successfully implemented, it could lead to the creation of new rules on SPS measures under other FTAs and the WTO.