환태평양동반자(TPP)협정 위생검역챕터의 분석과 평가

This article analysed and assessed main contents of the sanitary and phytosanitary (SPS) Chapter under the Trans-Pacific Partnership (TPP) Agreement which might affect the operation of SPS system of the Republic of Korea, taking into account legal and policy implications to be regarded specially in preparing the negotiation for accession to the TPP Agreement. The SPS Chapter 7 of the TPP Agreement adds lots of new obligations that build on the WTO SPS Agreement rather than simply affirming the commitments of SPS Agreement and existing FTAs. These new obligations include many procedural provisions with WTO plus nature which strengthen the level of compliance than the SPS Agreement. The TPP SPS Chapter articulates new rules that Parties must ensure that science-based SPS measures are developed and implemented in a transparent, predictable and non-discriminatory manner, while at the same time recognizing rights of Parties to take measures necessary to protect human, animal or plant life or health. The TPP SPS Chapter reflects much more the interests of agricultural products-exporting Parties to improve free trade and trade facilitation, by requiring that SPS measures, lacking of objective and scientific evidence, do not arbitrarily or unjustifiably discriminate between Parties. With a view to stepping up trade facilitation much more than in SPS Agreement and FTA, the TPP SPS Chapter requires that Parties consider relevant international standards or guidelines adopted by SPS Committee in connection with regionalisation, equivalence and transparency, have the right to audit the exporting Party’s competent authorities and associated or designated inspection system, ensure the harmonization and consistency of national SPS regulations, improve transparency to implement effectively SPS regulations, improve risk communication between Party’s competent authorities and stakeholders, strengthen the enforcement of SPS regulations, and use much more power-oriented dispute settlement mechanisms like Cooperative Technical Consultations (CTC). In due consideration of the position of South Korea as a net-food importing country and concerns of the public about food safety of imported foods and agricultural products, South Korea will get much difficulty in carrying out domestic negotiation and international negotiation especially in the field of SPS Chapter, during the negotiation for accession to the TPP Agreement. Before joining the TPP Agreement, the competent authorities have to improve, therefore, transparency of SPS policy and system in order to ensure credibility from the public, and make best efforts in enhancing human and physical resources, and technical capacity which can be used to carry out effectively risk analysis.