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 “unjustifiable” 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. The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as the SPS Or SPS Agreement, is an international treaty of the World Trade Organization (WTO). It was negotiated as part of 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 (“SPS”) measures covered by the Agreement are those aimed at protecting human, animal or plant life or health from certain risks. [2] (d) the accession and participation of the Member or competent bodies in its territory in international and regional sanitary and phytosanitary organizations and systems, as well as in bilateral and multilateral agreements and arrangements falling within the scope of this Convention, and the wording of such agreements and arrangements. 3. This Convention is without prejudice to the rights of Members under other international instruments, including the right to use the good offices or dispute settlement mechanisms of other international organizations or established under an international agreement. Under the SPS Agreement, the WTO imposes restrictions on Member States` food safety policies (bacterial contaminants, pesticides, inspection and labelling) and animal and plant health policies (phytosanitation) with respect 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).

Given that the provisional objective of GATT was to reduce tariffs, the framework that preceded the SPS Agreement was not sufficiently equipped to address the problems of non-tariff barriers (NTSBs) and the need for an independent agreement to address this issue became crucial. [4] The SPS Convention is an ambitious attempt to address non-tariff barriers resulting from transboundary differences in technical standards without diminishing the prerogative of governments to take protective measures against diseases and pests. [5] See also: decision > on the implementation of Article 4 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 is the result of the WTO TOKYO Round of negotiations and was negotiated with the aim of ensuring non-discrimination in the adoption and implementation of technical regulations and standards. [3] (b) Members must disclose confidential information that would impede the application of sanitary or phytosanitary legislation or that would prejudice the legitimate business interests of certain companies. (h) where the specifications of a device are amended after its inspection and inspection in the light of the applicable rules, the procedure applicable to the modified device shall be limited to what is necessary to determine whether there is sufficient assurance that the product still complies with the applicable rules; and 5. Where there is no international standard, guideline or recommendation, or where there is no international standard, guideline or recommendation, or where the content of a proposed sanitary or phytosanitary regulation is essentially identical to the content of an international standard, guideline or recommendation, and the regulation may have a significant impact on the trade of other Members, as the inspection and authorization of individual copies of a product is limited to the extent reasonably and necessary; (c) To make copies of the proposed regulation available to other Members, upon request, and, to the extent possible, to identify parties that differ materially from international standards, guidelines or recommendations; 7. The Committee shall review the operation and implementation of this Agreement three years after the entry into force of the WTO Agreement and, if necessary, thereafter. Where appropriate, the Committee may submit to the Council for Trade in Goods proposals to amend the text of this Agreement, taking into account, inter alia, experience gained in its implementation. Members shall notify changes in their sanitary or phytosanitary measures and provide information on their sanitary or phytosanitary measures in accordance with Annex B.

Where an importing Member applies a system of authorisation of the use of food additives or the setting of tolerances for contaminants in food, beverages or feed which provides access to its domestic markets for products which are due to the absence of an authorisation, prohibited or restricted, the importing Member shall examine the application of a relevant international standard as a basis for access until a final decision has been taken grip. While art. 1.5 The CTA excludes SPS measures from its scope, EC-Biotech`s panel has acknowledged that situations may arise where a measure is only partially a PLC measure and, in such cases, the SPS part of the measure is taken into account under the SPS Agreement. [12] Where a measure under Article 2(4) of the SPS Agreement complies with the single payment scheme, the measure is considered to fall within the scope of Article XX(b) of the GATT. 1. Members shall ensure that all sanitary and phytosanitary regulations adopted (5) are published without delay so that interested Members are aware of them. 3. Members may introduce or maintain sanitary or phytosanitary measures leading to a higher level of sanitary or phytosanitary protection than would be achieved by measures based on relevant international standards, guidelines or recommendations where there is scientific justification or because of the level of sanitary or phytosanitary protection that a Member has in accordance with the relevant provisions of Article 5, paragraphs 1 to 8. 2. Notwithstanding the foregoing, any measure resulting in a different level of sanitary or phytosanitary protection than that achieved by measures based on international standards, guidelines or recommendations shall not conflict with other provisions of this Agreement.

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