Wto Sanitary And Phytosanitary Agreement Pdf

The SPS Agreement is closely linked to the Agreement on Technical Barriers to Trade, which was signed in the same year and pursues similar objectives. The TBT emerged from the WTO Tokyo Round negotiations and was negotiated with the aim of ensuring non-discrimination in the adoption and implementation of technical regulations and standards. [3] Given the provisional gatt setting for tariff reduction, the framework that preceded the SPS Agreement was not sufficiently equipped to address the problems of non-tariff barriers (NON-TARIFF BARRIERS) and the need for an independent agreement addressing this issue became crucial. [4] The SPS Convention is an ambitious attempt to address unconventional barriers resulting from transboundary differences in technical standards without compromising the prerogative of governments to take protective measures against diseases and pests. [5] The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as the SPS Or SPS Agreement only, is an international treaty of the World Trade Organization (WTO). It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) and entered into force with the establishment of the WTO in early 1995. [1] Overall, sanitary and phytosanitary measures covered by the Agreement are measures to protect human, animal or plant life or health from certain risks. [2] Under the SPS Agreement, WTO restrictions set out Member States` policies on food safety (bacterial contaminants, pesticides, inspection and labelling) and animal and plant health (phytosanitation) with regard to imported pests and diseases. There are 3 standards organizations that set standards on which WTO members should base their SPS methods. According to Article 3, these are the Codex Alimentarius Commission (Codex), the World Organisation for Animal Health (OIE) and the Secretariat of the International Plant Protection Convention (IPPC). In 2003, the US challenged a series of EU laws restricting the import of genetically modified organisms (GMOs) in a dispute known as EC-Biotech[11], arguing that they were “unjustified” and illegal under the SPS agreement.

In May 2006, the WTO`s Dispute Settlement Body issued a complex decision that challenged some aspects of EU GMO rules, but rejected many of the claims made by the US. A summary of the decision can be found here. This is partly due to the fact that these states do not have the technology and resources to easily meet certain PLC requirements. [18] The SPS Convention reflects the precautionary principle – a principle that allows them to act with caution when there is no scientific certainty about potential threats to human health and the environment […].