TBT협정과 SPS협정의 관계 -무역기술장벽조치와 위생검역조치의 구분 기준에 관한 검토를 중심으로-

The TBT and SPS Agreements both cover non-tariff measures addressing issues such as human, animal, or plant health. They contain similar obligations such as non discrimination, use of international standards, enhanced transparency, etc. On the other hand, these Agreements also differ in many other aspects, and not only in terms of some unique obligations each contain, but also concerning the way they define their coverage. In this regard, delineating the boundaries between these two agreements may sometimes be difficult. This study proposes the following criteria to clarify the boundaries between these agreements. First, even if a measure is a technical regulation or standard under the TBT Agreement, it is exclusively covered by the SPS Agreement if its regulatory objective is consistent with that described in Annex 1 of the SPS Agreement. Therefore, if the relationship between the TBT Agreement and the SPS Agreement is in question, the first step is to determine whether the measure in question is a sanitary and phytosanitary measure. Second, a distinction can be made between TBT measures and SPS measures based on whether non-governmental bodies are involved in the adoption and implementation of the documents on which they are based. Third, the TBT Agreement and the SPS Agreement both regulate ‘agricultural, livestock and fishery products and processed products made from them’. However, the TBT Agreement also includes industrial products other than these products, which is different from the products subject to regulation under the SPS Agreement.