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SPS AGREEMENT TRAINING MODULE: CHAPTER 2

The Key Provisions of the Agreement

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2.6 Consistency

The consistency requirement, articulated in Article 5.5, means that Members must avoid unjustifiable differences in the level of health protection they require in different situations, if such differences result in discrimination or a disguised restriction on international trade. For example, if a Member restricts the importation of one animal product because of disease risks, yet allows the importation of other animals presenting identical or similar risks, there would be a concern that the objective may be protectionism (protection from competition), and not health protection. For detailed guidelines on Article 5.5 and the application of the concept of appropriate level of protection, see document G/SPS/15.

To find out how this article has been applied in dispute settlement see relevant findings in the Hormones and Salmon cases.

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