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SPS AGREEMENT TRAINING MODULE: CHAPTER 2

The Key Provisions of the Agreement

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2.7 Not more trade restrictive than necessary

Article 5.6 requires Members to adopt measures that are not more trade-restrictive than required to achieve their appropriate level of protection. This implies that when there are alternative ways to achieve that appropriate level of protection, the government should use those measures which are the least trade-restrictive, if technically and economically feasible. For example, if a country wants to avoid the introduction of an insect associated with fruit imports, requiring fumigation might be a less trade-restrictive alternative to an import ban.

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

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