SPS Agreement Principles
Transparency
Under the SPS Agreement, countries are required to make their rulemaking process transparent.
This means:
- providing advance notification to WTO members of new proposed phytosanitary
measures which may affect trade;
- making available the scientific basis for specific phytosanitary regulations to interested
parties upon request.
(Transparency includes)...
- including documentation on the appropriate level of protection selected; and
- providing countries an opportunity to comment on its proposed rules before they are
implemented (60-day comment period expected).
An exception to this advance notification rule exists for emergency disease or pest situations.
The intended effect the transparency provisions in the SPS Agreement is greater openness
among WTO members in the rule making process. Like other provisions in the SPS
Agreement, the transparency rule is intended to compel regulatory officials to ensure that their
SPS measures are based on relevant scientific evidence and are consistent with previous risk
management decisions. Advance notification of rules is intended to give affected parties, both
domestic and foreign, an opportunity to provide relevant information on proposed rule changes
and to anticipate and adjust to any regulatory actions which may affect trade.
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