The Blog

Wto Sps Agreement Text

Health and plant health measures can, by their very nature, lead to trade restrictions. All governments accept that certain trade restrictions may be necessary to ensure food security and the protection of animal and plant health. However, there is sometimes pressure on governments to go beyond what is necessary to protect health and to use health and plant health restrictions to protect local producers from economic competition. This pressure is expected to increase as the Uruguay Round agreements remove new trade barriers. A health or plant health restriction, which is not really necessary for health reasons, can be a very effective protectionist device and, because of its technical complexity, constitute a particularly misleading and difficult obstacle. 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. (a) the indication of indications or copies of projects or the publication of texts that are not in the member`s language, with the exception of paragraph 8 of this appendix; (d) the affiliation and participation of the member or the institutions concerned on its territory in international and regional health and plant health organizations and systems, as well as bilateral and multilateral agreements and agreements under this agreement, as well as the texts of these agreements and arrangements. These are additional agreements negotiated after the Uruguay Round and annexed to the general agreement on trade in services.

There is no “first protocol.” The corresponding appointments can be ordered at the online bookstore. Measures relating to environmental protection (with the exception of those mentioned above), consumer protection or animal welfare are not covered by the SPS agreement. However, these concerns are addressed by other WTO agreements (i.e. the OBT agreement or Article XX of the 1994 GATT). 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.