Strengthening the Compliance of the OIC Member States
to International Standards
17
Box 3: Key principles behind standards obligations in the WTO Agreements
The previous discussion and the material in this Box make clear that standards are dealt with in a
complex way at the WTO. In some cases, they give rise to legal obligations for national governments, and
can become the subject of proceedings under the WTO’s dispute settlement procedures. It is important
that legal advice be sought in relation to the design and implementation of WTO-compliant national
standards systems, as well as the rights and duties attached to the SPS and TBT Agreements. This Box is
not a substitute for such advice, but it highlights some of the most important points as an aide-mémoire.
Sectoral coverage: The TBT Agreement applies to all sectors. The SPS Agreement does not indicate a
sectoral coverage, but covers only measures applied to: protect animal or plant life or health from pests,
or prevent or limit damage from the spread of pests; protect human or animal life or health from
additives, contaminants, or disease-causing organisms; or protect human or animal life or health from
diseases carried by plants, animals, or related products.
Types of standards covered: The TBT Agreement only directly applies to mandatory standards. It has a
voluntary Code of Good Practice for standardisation bodies that are not part of the central government.
The SPS Agreement applies to any measure taken to protect human, animal, or plant life or health from
certain risks, including contaminants and pests (see Annex A of the SPS Agreement). The Agreement
applies to measures adopted by government bodies; in addition, WTO members "shall formulate and
implement positive measures" to ensure observance by other than central government bodies (such as
local governments), and "take such reasonable measures as may be available to them to ensure that non-
governmental entities within their territories" comply with the Agreement.
Right to impose standards: WTO member countries retain the right to impose mandatory standards that
affect trade. The SPS Agreement requires SPS measures to be necessary to protect human, animal, or
plant life or health, and that such measures are based on scientific evidence. The TBT Agreement
requires that mandatory standards be necessary to fulfil a “legitimate objective”, such as: national
security; prevention of deceptive practices; or protection of human health or safety, animal or plant life
or health, or the environment. (The list of “legitimate objectives” given by the TBT Agreement is not
exhaustive.)
Non-Discrimination: Under the TBT Agreement, countries when preparing, adopting or applying
standards cannot give more favourable treatment to like products from national sources or discriminate
between products originating from other WTO members. In the SPS Agreement, arbitrary or
unjustifiable discrimination is prohibited with respect to national production or other WTO members,
provided that identical or similar conditions prevail.