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2.9 Equivalence — When different measures achieve the same level of health protection
Article 4 of the SPS Agreement recognizes that more than one SPS measure may be equally effective in satisfying a country’s appropriate level of protection. Therefore, importing Members are obligated to accept as equivalent the SPS measures of an exporting Member (even if the measures are different from the importer’s) if the exporter objectively demonstrates that its measures achieve the importer’s appropriate level of protection. That is, the exporting Member must prove its case to the importing Member. In order to facilitate the evaluation of equivalence, exporting Members are obligated to grant reasonable access to the importer for inspection, testing, and other relevant procedures.
Most determinations of equivalence occur on a bilateral basis. However, the SPS Agreement encourages Members to conduct consultations with the aim of achieving multilateral equivalence agreements as well. The three sister organizations are working on guidelines to help Members negotiate equivalence agreements. Click here for an example of an equivalence agreement reached between New Zealand and the EC.
In May 2000, the SPS Committee decided that it would focus its discussion on the SPS Agreement and Developing Countries on one or two topics at a time. Equivalence was identified as one of those subjects. In parallel, the General Council, in the framework of its discussions on implementation problems related to the Uruguay Round Agreements also addressed the question of equivalence in the context of the SPS Agreement. The General Council requested the SPS Committee “to examine the concerns of developing countries regarding the equivalence of SPS measures and to come up with concrete options as to how to deal with them”.
In October 2001, the SPS Committee adopted the Decision on the Implementation of Article 4 of the SPS Agreement (G/SPS/19). This Decision provides guidance for governments negotiating the recognition of equivalent measures or products, for example regarding information exchange. The Doha Ministerial Conference in 2001 took note of this decision, and requested the SPS Committee to continue working on the issue. In March 2002, the SPS Committee adopted a work programme for this purpose (G/SPS/20).