The WTO Analytical Index is a comprehensive guide to the interpretation and application of the World Trade Organization`s agreements. Among the most important of these agreements is the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), which seeks to ensure that countries can protect their citizens from health risks while enabling the free flow of goods across borders.

One of the key provisions of the SPS Agreement is Article 2, which sets out the basic principles that govern the application of SPS measures. In essence, Article 2 requires that these measures be based on scientific evidence and be no more trade-restrictive than necessary to achieve the desired level of protection.

To understand the full implications of Article 2, it is important to examine its provisions in detail. Here are some of the most important elements of this article:

– The first paragraph of Article 2 requires WTO members to ensure that their SPS measures are based on scientific principles. This means that measures should be grounded in the best available evidence and should reflect a rational assessment of the relevant risks and benefits.

– The second paragraph of Article 2 sets out the principle of the least trade-restrictive measure. This means that WTO members should aim to achieve their SPS objectives in a way that is least restrictive of international trade. If there are alternative measures that are less trade-restrictive but still achieve the same level of protection, these should be chosen instead.

– The third paragraph of Article 2 requires that WTO members take into account the economic impacts of their SPS measures. While health and safety considerations are paramount, countries should seek to minimize any adverse effects on trade and on the economies of other countries. In practice, this means conducting a careful analysis of the costs and benefits of any proposed SPS measure.

– The fourth paragraph of Article 2 requires that WTO members provide sufficient information to other members about their SPS measures. This is important because it allows other countries to assess whether a measure is based on scientific evidence and is no more trade-restrictive than necessary. In some cases, WTO members may also be required to provide technical assistance to other countries to help them meet the SPS requirements.

Overall, Article 2 of the SPS Agreement is a cornerstone of the WTO`s efforts to balance the need for health and safety protection with the imperative of facilitating international trade. By requiring SPS measures to be based on science and to be no more trade-restrictive than necessary, the Agreement provides a framework for ensuring that countries can protect their citizens without creating unnecessary barriers to trade.