Understanding The Wto Agreement On Sanitary And Phytosanitary Measures

By December 19, 2020 No Comments

Although in the 47 years of the previous GATT dispute resolution procedures, only one body has been sought to review health or plant health disputes, ten complaints about the new obligations were formally filed in the first three years of the SPS agreement. This is not surprising, because, for the first time, the agreement clarifies the basis for challenging health or plant health measures that limit trade and which may not be scientifically justified. The challenges included issues as varied as inspection and quarantine procedures, outbreaks, use-by data, the use of veterinary drugs in livestock, and disinfection treatments for beverages. Dispute resolution bodies were invited to review four of the complaints; other complaints have been or should be resolved after the mandatory bilateral consultation process. (2) Where the appropriate level of health protection or plant protection allows for the gradual introduction of new sanitary or plant protection measures to combat proliferation, longer compliance times for products of interest to members of developing countries should be provided in order to obtain export opportunities. While a number of developing countries have excellent food security and veterinary and plant health services, others do not. For these organizations, the requirements of the SPS agreement pose a challenge to improve the health situation of their population, population and crops, which may be difficult for some to meet. As a result of this difficulty, the SPS agreement delayed all requirements, with the exception of transparency requirements (notification and creation of investigative bodies), until 1997 for developing countries and until 2000 for least developed countries. This means that these countries are not required to scientifically justify their health or plant health requirements before that date. Countries that need more time, for example.

B to improve their veterinary services or fulfill specific obligations under the agreement, may ask the SPS Committee to grant them further delays. 1 In this agreement, the reference to Article XX point b) also includes the chapter of this article. (Return to text) 2 For the purposes of Article 3, paragraph 3, a scientific justification is available when a member finds, on the basis of a review and evaluation of the available scientific information, in accordance with the relevant provisions of this agreement, that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of health or plant health protection. (Back to text) 3 For the purposes of Article 5, paragraph 6, a measure is no more restrictive than necessary for trade, unless there is another reasonably available measure, given the technical and economic feasibility, which reaches the appropriate level of health or plant health protection and is significantly less trade-restrictive. (return to text) 4 For the purposes of these definitions, the animal includes fish and wildlife; The plant includes forests and wild flora; Parasites are weeds; and contaminants are residues of pesticides and veterinary drugs and foreign substances. (Back to the text) 5 Health and plant health measures such as laws, regulations or regulations that are of general application.