The Key Provisions of the Agreement

2.8 Provisional measures

Article 5.7 of the SPS Agreement permits the taking of provisional measures when there is insufficient scientific evidence to permit a final decision on the safety of a product or process. In such cases, measures can be adopted on the basis of the available pertinent information about the health risk(s) of a product or process. However, when taking such a provisional measure, a Member must seek the additional information necessary for a more objective assessment of the risk(s), and review the SPS measure within a reasonable period of time.

Provisional measures could be taken for example as an emergency response to a sudden outbreak of an animal disease suspected of being linked to imports. Another example is the case of new food processing techniques where sufficient evidence regarding safety does not yet exist.

It should be emphasized that Article 5.7 is a “qualified exemption” in that the following four conditions must all be met for the provision to be legitimately invoked:

• An Article 5.7 SPS measure may be imposed only in a situation where relevant scientific information is insufficient;
   
• The provisional measure must be adopted on the basis of available pertinent information;
   
• The Member adopting the measure must seek to obtain the additional information necessary for a more objective assessment of risk; and
   
• The Member must review the SPS measure within a reasonable period of time.

To find out how this article has been applied in dispute settlement see relevant findings in the Hormones and Salmon cases. Click here to read more about the “precautionary principle”.