The WTO Agreement on Sanitary and Phytosanitary Measures: A Commentary (2nd Edition)
Contents
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10.1 Introduction 10.1 Introduction
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10.2 SPS Requirements in FTAs 10.2 SPS Requirements in FTAs
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10.2.1 General Remarks 10.2.1 General Remarks
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10.2.2 Harmonization 10.2.2 Harmonization
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10.2.3 Science-Based Obligations 10.2.3 Science-Based Obligations
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10.2.4 Regionalization 10.2.4 Regionalization
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10.2.5 Equivalence 10.2.5 Equivalence
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10.2.6 Control, Inspection, and Approval Procedures 10.2.6 Control, Inspection, and Approval Procedures
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10.2.6.1 Audits and verifications 10.2.6.1 Audits and verifications
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10.2.6.2 Certification 10.2.6.2 Certification
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10.2.6.3 Import checks 10.2.6.3 Import checks
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10.2.6.4 Conclusions 10.2.6.4 Conclusions
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10.2.7 Transparency 10.2.7 Transparency
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10.2.8 Emergency Measures 10.2.8 Emergency Measures
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10.2.9 Trade in Biotechnology Products 10.2.9 Trade in Biotechnology Products
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10.2.10 Institutional Arrangements 10.2.10 Institutional Arrangements
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10.2.11 Technical Consultations and Dispute Settlement 10.2.11 Technical Consultations and Dispute Settlement
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10.3 Conclusions: Understanding the Relationship between the SPS Agreement and FTA Chapters 10.3 Conclusions: Understanding the Relationship between the SPS Agreement and FTA Chapters
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10 Looking Beyond the SPS Agreement
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Published:24 February 2026
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This version:24 February 2026
Updated in this version:
This chapter was updated with:
the addition of a brief analysis of the USMCA panel ruling regarding Mexico's measures on genetically engineered corn
stylistic changes throughout the text of the chapter.
Cite
Abstract
This chapter considers the relationship between the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement) and free trade agreements (FTAs). The chapter explains growing interest among WTO Members in regional economic integration and the shift in the attention of FTAs from border measures to non-tariff barriers (NTBs), including SPS matters. It discusses the specific requirements of the FTAs, such as harmonization, science-based obligations, regionalization, and equivalence. Altogether the analysis covers five FTAs: the EU–Canada Comprehensive Economic and Trade Agreement (CETA), the EU–Japan Economic Partnership Agreement (EU–Japan EPA), the Regional Comprehensive Economic Partnership (RCEP), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and the United States–Mexico–Canada Agreement (USMCA).
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