Are Sps Agreement

Although import duties on many agricultural products have been reduced or adopted under preferential trade agreements, farmers in developing countries are facing new challenges in selling their products around the world. Technical requirements, particularly in terms of product hygiene and safety, have become one of the main barriers to trade for many manufacturers. The SPS agreement is closely linked to the Agreement on Technical Barriers to Trade, which was signed the same year and has similar objectives. The OBT is the result of the WTO round of negotiations in Tokyo and was negotiated to ensure non-discrimination in the adoption and implementation of technical rules and standards. [3] In addition, health and plant health measures can only be imposed to the extent necessary to protect human, animal or plant health on the basis of scientific information. However, governments can introduce OBT rules where necessary to achieve a number of objectives, such as national security or the prevention of deceptive practices. Since the commitments made by governments are different under the two agreements, it is important to know whether a measure is a health or plant health measure or a measure subject to the OBT agreement. 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.

3. This agreement does not infringe on members` rights under other international instruments, including the right to use good offices or dispute resolution mechanisms of other international organizations or that have been established under an international agreement.