4. Overview of the provisions in the India FTA
4.1 The UK and Indian Governments recognise in the Preamble of the CETA their sovereign right to regulate and maintain the flexibility to set their own legislative and regulatory priorities. This includes the ability to safeguard public welfare and uphold legitimate public policy objectives such as the protection of public health, food safety, environmental sustainability, and public morals. These decisions will be supported by transparent, evidence-based advice from the FSA, FSS, and other relevant expert bodies, ensuring that regulatory choices reflect both scientific rigour and the public interest.
4.2 Chapter 1 of the Agreement reaffirms the Parties’ existing rights and obligations under international instruments to which they are all signatories, including the WTO Agreements[1][2]:
[1] UK-India CETA Chapter 1: Initial Provisions and General Definitions
Within the domain of food safety and nutrition, these international commitments do not constrain the UK Government or devolved administrations from taking proportionate, unilateral action necessary to safeguard consumer health across the UK.
Article 1.4 “General Definitions” clarifies that “SPS Agreement” in the context of the CETA means the Agreement on the Application of Sanitary and Phytosanitary Measures, set out in Annex 1A to the WTO Agreement. This, along with references within the SPS Chapter, evidences the primacy of the WTO SPS Agreement as the main basis for international trade in foodstuffs.