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Some thoughts on the skinny Sanitary & Phytosanitary terms of the 
TCA Agreement that will result in significant barriers to trade.
While the Chapter introduces world-first language on the âsofterâ issues, it goes little beyond the WTO SPS Agreement on the rest
TCA Agreement that will result in significant barriers to trade. While the Chapter introduces world-first language on the âsofterâ issues, it goes little beyond the WTO SPS Agreement on the rest
So first things first, a reminder that countries have SPS regimes to protect human, animal and plant life or health to ensure that food is safe for consumers and to prevent the spread of pests and diseases (thatâs a good thing).
At international level, rules are governed by the WTOâs SPS Agreement with the âthree sistersâ Codex Alimentarius, the IPPC & OIE acting as standard-setting organisations. The objective of a trade deal is to go beyond the SPS Agreement.
The SPS Chapter shouldn't take anybody by surprise. Itâs consistent with what has been said over the past four years. The UK made clear from the inception of the negotiations that it wanted an autonomous SPS regime that would allow the country to diverge from EU rules.
First, there is no mention to the PRECAUTIONARY PRINCIPLE. Considering its included in the EU-Mexico agreement & that the UK has rolled over that deal, the UK might have maintained the precautionary principle with Mexico but not with the EU. I diverge.
On OFFICIAL CERTIFICATIONS, both models are already known. Veterinary & phyto certificates will be signed off by officials and pre-notified under TRACES (EU) and IPAFFS (UK) prior to export. It will be in everybodyâs interest to ensure electronic formats are the norm.
It is the RESPONSIBILITY of the exporting party to ensure products are in line with SPS requirements of importing Party. Food exporters will need to actively monitor changes in regulations. For GB exporters, at minima, this means keeping abreast of the EUâs Farm to Fork strategy
When it comes to INSPECTIONS & AUDITS, much of the SPS Chapter is based on good faith (although how âreasonable accessâ is defined could become quite contentious down the line).
Thankfully, the EU & UK agree that the sign-off of certificates will be sufficient and that inspectors will not be obligated to verify the COMPLIANCE of each consignment prior to export. However consignments can be checked upon arrival in the Border Control Post.
The frequency of Physical Checks will be line with the SPS risk of the product. The imposed frequency is the prerogative of the importer even though the text calls for âminimum effect on tradeâ this will get costly.