8. Chapter 6 – Sanitary and Phytosanitary (SPS) measures
8.1 The SPS chapter text agreed within the UK-India CETA is of fundamental importance as regards to reserving the UK’s right to maintain existing laws and regulations to protect human life and health, including food safety and nutrition. It is also important in preventing any limitations in the way food regulation and enforcement is implemented in the UK. The following key Articles outline how the text achieves this.
8.2 Article 6.1 - Definitions:
The Definitions Article in the SPS Chapter aligns with those within Annex A of the WTO SPS Agreement. This is important to ensure consistency in language during dialogue between the parties and for traders.
8.3 Article 6.6: Equivalence:
The article states that Parties agree that recognising the equivalence of sanitary and phytosanitary (SPS) measures is key to facilitating trade. Equivalence can be recognised even if measures differ, provided the exporting Party proves they meet the importing Party’s appropriate level of protection, in line with Article 4 of the WTO SPS Agreement. Final decisions on equivalence rest with the importing Party, in line with its legal framework and international guidance.
No new equivalence decisions for agri-food products were proposed under the UK’s agreement with India.
If the UK receives future requests for equivalence, the FSA and FSS would work closely with other government departments to assess them. We would also advise on any specific trade conditions—such as processing or packaging requirements—needed to meet UK food safety standards. This trade deal does not grant any preferential treatment in relation to the outcome of a request.
Any equivalence decision would not prevent the UK from updating its SPS regime in future to protect consumers. If changes are made, existing determinations would be reviewed accordingly.
7.4 Article 6.8 Audit:
The article sets out how one Party may audit the other’s regulatory systems to ensure compliance with agreed SPS import requirements. These audits aim to build and maintain trust in the exporting Party’s controls and must be based on international standards and WTO guidance. This Article does not prevent the UK from conducting audits were justified to verify India’s food safety controls, nor from taking emergency measures to protect food safety when necessary.
7.5 Article 6:10 Import Checks
This article establishes the right of the importing Party to carry out import checks based on the SPS risks associated with goods. This Article does not limit the UK’s ability to carry out risk-based import checks or to take enforcement action when non-compliance is found, in accordance with existing UK laws and regulations.
The emphasis on risk-based checks in this Article is in alignment with the UK’s risk-based approach to official controls.
7.6 Article 6:11 Emergency Measures
This article allows a Party to adopt emergency measures to protect human, animal, or plant life or health, and to consult where appropriate with the other party within specific timeframes, adding certainty if a sudden risk to human health linked to food safety emerges.
7.7 Article 6.12 Animal Welfare
The Animal Welfare article states that both Parties acknowledge the important link between good animal welfare and the health of farmed animals. Considerations around the maintenance of statutory protections for Animal Welfare in the UK-India CETA fall under the remit of the TAC advice. Animal Welfare policy is set domestically by Defra for England and by the Devolved Administrations, with FSA and FSS playing a role in the enforcement of domestic controls.
7.8 Article 6.13 Antimicrobial Resistance
The article recognises antimicrobial resistance (AMR) as a serious global threat to both human and animal health, with the parties supporting a One Health approach and the Global Action Plan on AMR and commit to developing national action plans accordingly.
7.9 Article 6.14 Technical Consultations
The article allows either Party to request technical consultations if concerns arise over SPS measures. These consultations should be held promptly, ideally within 30 days of the request and aim to share information and resolve issues efficiently. If other mechanisms have been used without success, consultations under this Article may still be requested to avoid unnecessary duplication.
7.10 Article 6.15 Notification and Information Exchange
This Article requires Parties to respond to information requests within a reasonable timeframe, reflecting current working practices of the FSA and FSS. It also avoids duplication with notification requirements at the WTO.
7.11 Article 6.19 Non-application of Dispute Settlement
This article briefly explains that neither Party shall have to recourse to dispute settlement under Chapter 29 of this agreement for any matter arising from the SPS Chapter.