Kazakhstan Encyclopedia - User contributions [en]

TRACECA

2017-04-26T06:59:53Z

Ohconfucius: per WP:Linking

{{EngvarB|date=April 2017}}
{{Use dmy dates|date=April 2017}}
{{Infobox Organization
| name = TRACECA
| type = Economic co-operation organisation
| formation = 1993
| location = [[Eurasia]]
| membership = 14 plus 28 European Union members
| website = <div class="plainlinksneverexpand">{{URL|http://www.traceca-org.org/en/home/}}</div>
}}

'''TRACECA''' ([[acronym]]: '''Tra'''nsport '''C'''orridor '''E'''urope-'''C'''aucasus-'''A'''sia) is an international transport programme involving the [[European Union]] and 14 member States of the Eastern European, Caucasian and Central Asian region.<ref name=members>[http://www.traceca-org.org/default.php?l=en "TRACECA Member Countries"], Traceca.org, accessed 30 January 2017</ref> The programme aim is to strengthen economic relations, trade and transport in the regions of the Black Sea basin, South Caucasus and Central Asia. It has a permanent Secretariat, originally financed by the [[European Commission]], in [[Baku]], Azerbaijan, and a regional office in [[Odessa]], Ukraine. Since 2009 the organisation has been entirely financed by member countries.

==Origins==
TRACECA was established in May 1993, upon the signing of Multilateral Agreement on International Transport for the development of transport initiatives (including the establishment and development of a road corridor) between the EU member states, the [[Caucasus]] and Central Asia countries. The programme supports the political and economic independence of the former Soviet Union republics through enhancing their access to European and global markets through road, rail and sea.<ref>Dekanozishvili, Mariam [http://gfsis.org/media/activities/thumb1_/pub/files/publications_politics/dekanozishvili_The_EU.pdf "The EU in the South Caucasus:By What Means, to What End?"], Georgian Foundation for Strategic and International Studies, January 2004, accessed 30 January 2017</ref>
The objectives of TRACECA were underlined by the [[Baku Initiative]] of 2004,<ref>{{cite book |url= https://books.google.com/books?id=U30skV5UTaoC&pg=PA144 |title= The Black Sea region and EU policy: the challenge of divergent agendas |first1 = Karen | last1 = Henderson |first2 = Carol | last2 = Weaver |publisher= [[Ashgate Publishing]] |year=2010 |pages=143–145 |isbn= 978-1-4094-1201-4}}
</ref> followed by a further ministerial conference in [[Sofia]], Bulgaria, in 2006.

==Membership==
[[File:TRACECA.png|thumb|500px|{{legend|#0080FF|European Union}} {{legend|#008000|TRACECA participating states}} {{legend|#00FF00|TRACECA agreement signed, but not yet participating}}]]

The following states currently participate in the TRACECA program:<ref name=members/>

{{columns-list|3|
* {{Flagu|Armenia}}
* {{Flagu|Azerbaijan}}
* {{Flagu|Bulgaria}}
* {{Flagu|Georgia}}
* {{Flagu|Kazakhstan}}
* {{Flagu|Kyrgyzstan}}
* {{Flagu|Iran}}
* {{Flagu|Moldova}}
* {{Flagu|Romania}}
* {{Flagu|Turkey}}
* {{Flagu|Ukraine}}
* {{Flagu|Uzbekistan}}
* {{Flagu|Tajikistan}}
* {{Flagu|Turkmenistan}}

Plus the 28 member states of the
* {{Flagu|European Union}}
}}

Iran officially joined TRACECA in 2009 after their request was accepted during that year's September Brussels meeting.<ref> [http://www.upi.com/Iran-joins-TRACECA/79661254166618/ "Iran joins TRACECA"], UPI.com, 28 September 2009, accessed 30 January 2017</ref> However technical assistance related to the project has not been provided to Iran since 2010 due to UN Security and EU sanctions.

In July 2016, Greece announced they are considering joining TRACECA activities as an observer.<ref>Hasanli, Azad. [http://en.trend.az/business/economy/2555819.html "Greece keen to join TRACECA"], Trend news agency, 11 July 2016, accessed 30 January 2017</ref>

==Secretary-General==
The Secretary-General is a chief executive officer of the Permanent Secretariat. The first Secretary-General elected by the Intergovernmental Commission was a representative of Georgia, ambassador [[Zviad Kvatchantiradze]].

The current Secretary-General is Mircea Ciopraga, appointed by the Intergovernmental Commission in January 2015.

{| class="wikitable sortable"
!№ !! Secretary-General !! Dates in office !! Country of origin !! Ref
|-
|1
|[[Zviad Kvatchantiradze]]
|2000–2002
|{{flagu|Georgia}}
| rowspan=6|<ref>[http://www.traceca-org.org/en/traceca/permanent-secretariat/former-secretaries-general/ "Former TRACECA Secretaries General"], Traceca.org, accessed 30 January 2017</ref>
|-
|2
|Abdurashid Tagirov
|2002–2003
|{{flagu|Uzbekistan}}
|-
|3
|Lyudmila Trenkova
|2003–2006
|{{flagu|Bulgaria}}
|-
|4
|Rustan Jenalinov
|2006–2009
|{{flagu|Kazakhstan}}
|-
|5
|[[Zhantoro Satybaldiyev]]
|2009–2011
|{{flagu|Kyrgyzstan}}
|-
|6
|Eduard Biriucov
|2011–2014
|{{flagu|Moldova}}
|-
|7
|Mircea Ciopraga
|2015–present
|{{flagu|Romania}}
|<ref>[http://abc.az/eng/news_02_02_2015_86415.html "Mircea Ciopraga elected as TRACECA Secretary General for two-term period"], abc.az, 2 February 2015, accessed 30 January 2017</ref>
|}

==Projects==
TRACECA has five working groups: maritime transport, aviation, road and rail, transport security, and transport infrastructure. Amongst its specific projects was the creation of a new bridge to replace and protect the heritage bridge at [[Krasny Most (border)|Krasny Most]], between Georgia and Azerbaijan.<ref>[http://armenpress.am/eng/news/699931/evropayi-ev-kovkasi-transporti-harcerov-pordzagetnery-qnnarkum.html "European and Caucasian transport specialists discuss the prospects of cooperation"], Armenpress, 19 November 2012, accessed 30 January 2017</ref>

==See also==
*[[Baku Initiative]]
*[[Euronest Parliamentary Assembly]]

==External links==
* [http://www.traceca-org.org/ Official site]

==References==
{{reflist}}

{{DEFAULTSORT:Traceca}}
[[Category:Transport and the European Union]]
[[Category:Transport in Bulgaria]]
[[Category:Transport in Azerbaijan]]
[[Category:Transport in Armenia]]
[[Category:Transport in Iran]]
[[Category:Transport in Georgia (country)]]
[[Category:Transport in Kazakhstan]]
[[Category:Transport in Kyrgyzstan]]
[[Category:Transport in Moldova]]
[[Category:Transport in Tajikistan]]
[[Category:Transport in Uzbekistan]]
[[Category:Transport in Romania]]
[[Category:Transport in Turkey]]
[[Category:Transport in Turkmenistan]]
[[Category:Transport in Ukraine]]
[[Category:European Commission projects]]

Agreement on Technical Barriers to Trade

2017-03-10T19:00:38Z

Ohconfucius: General formatting

The '''Agreement on Technical Barriers to Trade''', commonly referred to as the '''TBT Agreement''', is an international [[treaty]] administered by the [[World Trade Organization]]. It was last renegotiated during the [[Uruguay Round]] of the [[General Agreement on Tariffs and Trade]], with its present form entering into force with the establishment of the WTO at the beginning of 1995, binding on all WTO members.

== Purpose==
The TBT exists to ensure that technical regulations, standards, testing, and certification procedures do not create unnecessary obstacles to trade. The agreement prohibits technical requirements created in order to limit trade, as opposed to technical requirements created for legitimate purposes such as consumer or environmental protection.[http://www.wto.org/english/tratop_e/tbt_e/tbt_e.htm]
In fact, its purpose is to avoid unnecessary obstacles to international trade and to give recognition to all WTO members to protect legitimate interests according to own regulatory autonomy, although promoting the use of international standards. The list of legitimate interests that can justify a restriction in trade is not exhaustive and it includes protection of environment, human and animal health and safety.
[https://www.wto.org/english/tratop_e/tbt_e/tbt_e.htm]

== Structure of the agreement on technical barriers to trade==
The TBT Agreement can be divided into five parts. The first part defines the scope of the Agreement which includes “[a]ll products, including industrial and agricultural" but not sanitary and phytosanitary measures. The second part sets out the obligations and principles concerning technical regulations. The third part addresses conformity and assessments of conformity. The fourth part deals with information and assistance, including the obligation of nations to provide assistance to each other in drafting technical regulations. Lastly the fifth part provides for the creation of the Committee on Technical Barriers to Trade and sets out the dispute settlement procedures.

== Scope of application==
According to Art.1, this agreement covers all industrial and agricultural products, with the exception of services, sanitary and phytosanitary measures (as defined by [[Agreement on the Application of Sanitary and Phytosanitary Measures]]) and "purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies" (Art. 1.4).
[https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm]

The scope of the TBT consists of substantive scope (what measures are included), personal scope (to whom the measures apply), and temporal scope.

=== Substantive scope===
There are three categories of substantive measures found in Annex 1 of the TBT; technical regulations, standard, and conformity assessment. The Appellate Body in ''EC-Asbestos'' held these to be a limited class of measures.<ref>Peter Van den Bossche, Werner Zdouc, The Law and Policy of the World Trade Organisation, (Cambridge University Press, 3rd ed, 2013).</ref>

====Technical regulation: annex 1.1====

A technical regulation is a document stipulating conditions that is mandatory. The measures may include terminology, symbols, packaging or labelling requirements, and may apply to a product, process or production method.

The Appellate Body in ''EC-Sardines'' found there to be a three-step test for determining whether a measure is a technical regulation:
:a) The measure applies to an identifiable product or group of products;
:b) It lays down one or more characteristics of the product; and
:c) Compliance with the product characteristic is mandatory.

If a measure is found to be a technical regulation, it will be regulated by Article 2 TBT.

====Standard: annex 1.2====

A standard is a document approved by a recognised body that stipulates guidelines or characteristics that are not mandatory. It may include terminology, symbols, packaging or labelling requirements, and may apply to a product, process or production method. Standards are distinct from technical regulation in that they are not mandatory. Despite being voluntary, producers often have no choice but to comply with them for commercial practicality.<ref>Eric R. Lowe, “Technical Regulations to Prevent Deceptive Practices: Can WTO Members Protect Consumers from [un] Fair-Trade Coffee and [Less-Than] Free-Range Chicken?" (2014) 48(3) Journal of World Trade, p. 593–628.</ref>

Standards are guided by Article 4 TBT and Codes of Good Practice.

====Conformity assessment: annex 1.3====

A conformity assessment is a direct or indirect procedure used to determine the fulfilment of requirements in a technical regulation or standard. Conformity assessments may include sampling, testing, and inspections.

The rules for conformity assessment are outlined in Articles 5, 6, 7, 8 and 9 TBT.

===Issues of scope===

====Determining whether a measure is a technical regulation or a standard====

Whether a measure is a technical regulation as opposed to a standard centres on whether it is “mandatory.”

The Panel and Appellate Body in [[Tuna-Dolphin GATT Case (I and II)]] held that the US labeling measures for dolphin-safe tuna was a technical regulation. The requirements were not compulsory for the sale of tuna in the US, however the requirements were compulsory for dolphin-safe certification. The Appellate Body stated that because the US provided no other methods of obtaining the dolphin-safe label, the requirement was binding, and therefore [[de jure]] mandatory. It appears from this decision that measures that attempt to obtain a monopoly over a specific label will be deemed technical regulations, but the test is ultimately on a case-by-case basis.<ref>Laurens J. Ankersmith, Jessica C. Lawrence, "The future of environmental labelling: US-Tuna II and the scope of the TBT” (2012) 39(1) Legal Issues of Economic Integration, p. 127-147.</ref>

This decision has been criticised for construing the term “mandatory” too broadly, rendering the distinction between technical regulations and standards meaningless.<ref>Keigan Tyler Mull, “Making sense of "mandatory" measures in the TBT Agreement: why the majority panel's determination in U.S. Tuna II rendered the distinction between technical regulations and standards to be meaningless” (2013) 25(2) Georgetown International Environmental Law Review, p. 367-387.</ref>

====Application to non-product related processes====

Labels such as "free-range,” “organic,” or “fair trade,” denote a quality in the product that has no tangible effects. Whether labels regarding non-product related process (“NPRP”) are technical regulations is the subject of controversy.

Annex 1.1 states that technical regulations apply to “product characteristics or their ''related process and production methods''”, implying that this does not extend to NPRPs. However the second sentence of Annex 1.1 and 1.2 omits the word “related”, suggesting that technical regulations may apply to labelling. Some academics argue that sentence 2 is read in context of sentence 1, and should therefore be given narrower scope.<ref>Peter Van den Bossche, Werner Zdouc, The Law and Policy of the World Trade Organisation, (Cambridge University Press, 3rd ed, 2013).</ref>

The Panel in [[Tuna-Dolphin GATT Case (I and II)]] did not clarify this issue, but held in that case that the dolphin-safe labeling was a technical regulation by reason of the second sentence. Accordingly, it may be assumed that labeling of NPRP-PPM products now fall under the scope of technical regulations.<ref>Laurens J. Ankersmith, Jessica C. Lawrence, "The future of environmental labeling: US-Tuna II and the scope of the TBT” (2012) 39(1) Legal Issues of Economic Integration, p. 127-147.</ref>

== Key principles & obligations==

=== Non-discrimination===
Members must ensure that technical regulations and standards do not accord treatments less favorable to imported products compared to the ones granted to like products of national origin or creating in any other country, as established respectively in Art. 2.1 and Annex 3.D.
This principle applies also to conformity assessment procedures, that have to "grant access for suppliers of like products originating in the territories of other members under conditions no less favorable than those accorded to suppliers of like products of national origin or originating in any other country in a comparable situation" (Art. 5.1 and 5.1.1).
[https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm]

=== Avoidance of unnecessary barriers to trade===
Article 2.2 obliges Members not to create unnecessary obstacles to international trade and, on this basis, to ensure that “technical restrictions are not more trade restrictive than necessary to fulfil a legitimate objective”. The Article provides an inclusive list of legitimate objectives including national security requirements and the protection of animal or plant life or health.

However Article 2.5 provides that where technical standards are for the purpose of one of the legitimate objectives listed in Article 2.2 and in accordance with relevant international standards they are presumed not to violate Article 2.2

[https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm]
[https://www.wto.org/english/res_e/publications_e/tbttotrade_e.pdf]

=== Harmonization around international standards===
When international standards exist, members shall use them as a basis for their technical regulations, standards and conformity assessment procedures, unless their use seems inappropriate or ineffective in certain circumstances (for example, for climatic or technological reasons) for achieving the pursued objective (Art. 2.4, 5.4 and Annex 3.D).
[https://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm]

=== Notification requirements===
The TBT Agreement also obliges States to notify each other of proposed technical barriers to trade. To give States the opportunity to raise their concerns before the measures come into force, members must allow reasonable time for Members to make comments, discuss their comments and to have their comments considered. Members must notify each other in relation to proposed TBT provisions when the following three conditions are satisfied:
* The measure must be a technical regulation or an evaluation of a conformity assessment procedure.
* There must either be no relevant international standard or, if there is, the measure must not conform to it.
* The technical regulation must have a considerable effect on international trade.
These criteria are broader than any of the obligations regarding the content of technical regulations which ensures that any issues which will subsequently be litigated can be identified at the earliest stage possible. However, in the case of “urgent problems of safety, health, environmental protection or national security” Article 2.10 provides an alternate procedure to expedite the process.

== Other informations==

=== Adjudication of disputes===
Under Article 14.1 disputes regarding the TBT Agreement are to be resolved by the Dispute Settlement Body in accordance with Articles XXII and XXIII of GATT. This requires parties to undergo the same consultation process as they would for issues arising under GATT and allows disputes involving issues arising under both the TBT Agreement and GATT to be resolved simultaneously. In spite of this very few cases concerning the TBT Agreement have been brought to the Panel.

The following list is an overview of the mechanisms that promote the TBT’s mission:
A. All TBT members are required to establish “enquiry points” also known as "TBT Window" – offices that provide information about the country's technical regulations, test procedures, and adherence to various international standards.

B. A technical assistance program helps developing countries meet international standards and helps them get involved in the establishment of such standards.[http://www.wto.org/english/tratop_e/tbt_e/tbt_info_e.htm]

==See also==
*[[Codex Alimentarius]]
*[[World Trade Organization]]

==References==
{{Reflist}}

==External links==
*Text of the [http://www.wto.org/english/docs_e/legal_e/17-tbt_e.htm TBT Agreement]
*[http://www.wto.org/english/res_e/booksp_e/analytic_index_e/tbt_e.htm Analytical Index to the TBT Agreement] (annotations last updated, 2004).
{{World Trade Organization}}

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Agreement on the Application of Sanitary and Phytosanitary Measures

2017-03-10T18:59:41Z

Ohconfucius: ce

The '''Agreement on the Application of Sanitary and Phytosanitary Measures''', also known as the '''SPS Agreement''', is an international [[treaty]] of the [[World Trade Organization]]. It was negotiated during the [[Uruguay Round]] of the [[General Agreement on Tariffs and Trade]], and entered into force with the establishment of the WTO at the beginning of 1995.<ref>Timothy J. Miano, [http://www.kentlaw.edu/jicl/articles/spring2006/s2006_Timothy_Miano.pdf "Understanding and Applying International Infectious Disease Law: U.N. Regulations During an H5N1 Avian Flu Epidemic"] 6 Chi-Kent J. Int'l & Comp. L. 26, 42-48 (2006).</ref> Broadly, the sanitary and phytosanitary (‘SPS’) measures covered by the agreement are those aimed at the protection of human, animal or plant life or health from certain risks.<ref>Peter Van den Bossche and Werner Zdouc, The Law and Policy of the World Trade Organization: Text, Cases and Materials (Cambridge University Press, 2013) 834.</ref>

Under the SPS agreement, the WTO sets constraints on member-states' policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (phytosanitation) with respect to imported pests and diseases. There are 3 standards organizations who set standards that WTO members should base their SPS methodologies on. As provided for in Article 3, they are the Codex Alimentarius Commission (Codex), World Organization for Animal Health (OIE) and the Secreatariat of the International Plant Protection Convention (IPPC).

The treaty targets ‘scientifically unfounded’ barriers to trade disguised as health and safety regulations.<ref>Robert Cunningham, ‘The ABC of GMOs, SPS & the WTO: An analysis of the application of the Agreement on Sanitary and Phytosanitary Measures within the context of biotechnology and international trade’, (2005) 9 Australian Southern Cross University Law Review,19-37, 24.</ref>

The SPS agreement is closely linked to the [[Agreement on Technical Barriers to Trade]], which was signed in the same year and has similar goals. The TBT Emerged from the Tokyo Round of WTO negotiations and was negotiated with the aim of ensuring non-discrimination in the adoption and implementation of technical regulations and standards.<ref>Kasturi Das, ‘Coping with SPS Challenges in India: WTO and Beyond’, (2008) 11(4) Journal of International Economic Law, 971-1019, 973-974, 973</ref>

==History and framework==
As GATT’s preliminary focus had been lowering tariffs, the framework that preceded the SPS Agreement was not adequately equipped to deal with the problems of non-tariff barriers (NTBs) to trade and the need for an independent agreement addressing this became critical.<ref>Das, ‘Coping with SPS Challenges in India: WTO and Beyond’,973-974.</ref> The SPS Agreement is an ambitious attempt to deal with NTBs arising from cross-national differences in technical standards without diminishing governments prerogative to implement measures to guard against diseases and pests.<ref>Tim Buthe, ‘The globalization of health and safety standards: delegation of regulatory authority in the SPS Agreement of the 1994 agreement establishing the World Trade Organization’ (2008) 71(1) Law and Contemporary Problems, 219-255</ref>

==Main provisions==
* Article 1 – General Provisions - Outlines the application of the Agreement.
* Annex A.1 – Definition of SPS measures.
* Article 2 – Basic Rights and Obligations. Article 2.2 - requires measures to be based on sufficient scientific analysis. Article 2.3 - states that Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail, including between their own territory and that of other Members. Sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade.
* Article 3 – Harmonization. Article 3.1- To harmonize sanitary and phytosanitary measures on as wide a basis as possible, Members shall base their sanitary or phytosanitary measures on international standards, guidelines or recommendations, where they exist, except as otherwise provided for in this Agreement, and in particular in paragraph 3. Article 3.3 – allows Members to implement SPS measures higher than if they were basing them on international standards where there is a scientific justification or the Member determines the measure to be appropriate in accordance with 5.1-5.8.
* Annex A.3 – outlines the standard-setting bodies.
* Article 5 – Risk Assessment and Determination of the Appropriate Level of SPS Protection. Article 5.1 - Members shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations.
* Annex A.4 – outlines risk assessment process.
* Article 5.5 - each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade. Article 5.7– echoes the ‘Precautionary Principle’ where there is no science available with which to justify a measure.<ref>Marrakesh Agreement Establishing the World Trade Organization, opened for signature 15 April 1994, 1867 UNTS 3 (entered into force 1 January 1995) annex 1A (‘Agreement on Sanitary and Phytosanitary Measures’) at https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm</ref>

==Cases==
Some of the most important WTO ‘cases’ regarding the implementation of SPS measures include:
* EC – Hormones (Beef Hormone Dispute) (1998)<ref>Appellate Body Report, EC Measures Concerning Meat and Meat Products (Hormones), WTO Doc WT/DS26/AB/R, WT/DS48/AB/R, AB-1997-4 (Jan 16, 1998) at https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds26_e.htm</ref>
* Japan – Agricultural Products (1999)<ref>Appellate Body Report, Japan – Measures Affecting Agricultural Products, WTO Doc WT/DS76/R, 61 (October 27, 1998) at https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds76_e.htm</ref>
* Australia – Salmon (1999)<ref>Appellate Body report, Australia – Measures Affecting Importation of Salmon, WTO Doc WT/DS18/R/AB (20 October 1998) at https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds18_e.htm</ref>
* Japan – Apples (2003)<ref>Appellate Body report, Japan-Measures Affecting the Importation of Apples, WTO Doc WT/DS245/AB/R (26 November 2003) at www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds245sum_e.pdf</ref>

==Genetically modified organisms==
In 2003, the United States challenged a number of [[European Union|EU]] laws restricting the importation of [[Genetically Modified Organism]]s (GMOs) in a dispute known as EC-Biotech,<ref>Panel Report, European Communities – Measures Affecting the Approval and Marketing of Biotech Products, WTO Doc WT/DS291, WT/DS292/R, WT/DS293/R (2006)</ref> arguing they are “unjustifiable” and illegal under SPS agreement. In May 2006, the WTO's dispute resolution panel issued a complex ruling which took issue with some aspects of the EU's regulation of GMOs, but dismissed many of the claims made by the USA. A summary of the decision can be found [http://www.oaklandinstitute.org/content/summary-conclusions-and-recommendations-wto-dispute-panel-interim-report-gmos here].

==Hormone-treated beef==
{{Main article|Beef Hormone Dispute}}
Another prominent SPS case is the hormone-treated beef case. In 1996, the United States and Canada challenged before the [[WTO Dispute Settlement Body]] (DSB) a number of [[European Union|EU]] [[Directive (European Union)|directive]]s prohibiting the importation and sale of meat and meat products treated with certain [[growth hormone]]s. The complainants alleged that the EU directives violated, among other things, several provisions of the SPS Agreement. The EU contended that the presence of the banned hormones in food may present a risk to consumers' health and that, as a consequence, the directives were justified under several WTO provisions authorizing the adoption of trade-restrictive measures that are necessary to protect human health. In 1997 and 1998, the WTO adjudicating bodies admitted USA and Canada claims and invited the EU to bring the directives into conformity with WTO law before end of May 1999. EU did not comply and the DSB authorized the USA and Canada to take countermeasures against the EU. The countermeasures took the form of increased custom duties applied by the USA and Canada on certain EU products, including the notorious [[Roquefort]] cheese. In 2004, while the ban on hormone-treated meat was still in place, the EU initiated before the DSB new proceedings seeking the lifting of the countermeasures applied by the USA and Canada. EU alleged that it had collected new scientific data evidencing that the banned hormones may cause harm to consumers. According to the EU, the new scientific data provides sufficient ground for the ban on hormones, which may no more be sanctioned by the countermeasures imposed by the USA and Canada. As of January 2007, the proceedings initiated by the EU were still pending.

==Interaction with other World Trade Organization instruments==
While Article 1.5 of the TBT precludes the inclusion of SPS measures from its ambit, in EC-Biotech, the panel recognised that situations could arise where a measure is only partly an SPS measure, and in those cases, the SPS part of the measure will be considered under the SPS Agreement.<ref>Simon Baughen, International Trade and the Protection of the Environment (Routledge-Cavendish, 2007) 53.</ref> If a measure conforms with SPS, under Article 2.4 of the SPS Agreement, it is assumed that the measure falls within the scope of GATT, Article XX(b).

==Criticism==
'''Economic considerations.''' Trade in the products subject to SPS-type measures have the potential to result in significant economic gains for national economies.<ref>Matthew Arthur, ‘An Economic Analysis of Quarantine: The Economics of Australia’s Ban on New Zealand Apple Imports’ (Paper presented at the New Zealand Agricultural and Resource Economics Society Conference, Nelson, August 24–25, 2006) 2</ref> Favouring economic concerns over other important public health policy issues, however, is something that requires close scrutiny by governments and the international community.<ref>Markus Wagner, 'Law Talk v. Science Talk: The Languages of Law and Science in WTO Proceedings' (2011) 35 Fordham International Law Journal 151-200, 194-198</ref>

The SPS Agreement reflects the [[precautionary principle]] – a principle which allows them to act on the side of caution if there is no [[Scientific consensus#Uncertainty and scientific consensus in policy making|scientific certainty]] about potential threats to human health and the environment. Under Article 5.7 Members who enact provisional measures are obligated to seek further information on possible risks and review the measure ‘within a reasonable period of time’. The Appellate Body in Japan– Measures Affecting Agricultural Products, stated that the length of a ‘reasonable period of time’ is to be assessed on a case-by-case basis.<ref>Appellate Body Report, Japan – Measures Affecting Agricultural Products, WTO Doc WT/DS76/R, 61 (October 27, 1998</ref> Under SPS rules, the burden of proof is on the complainant country to demonstrate that a measure violates Article 2.2 and Articles 5.1-5.8 before it can be regulated<ref>Simon Baughen, International Trade and the Protection of the Environment (Routledge-Cavendish, 2007) 54</ref> even though scientific evidence can never be conclusive and it is not possible to test for all health risks that could arise from importation of a certain product.<ref>William Kerr and Jill Hobbs, ‘Consumers, Cows and Carousels: Why the Dispute over Beef Hormones is Far More Important than its Commercial Value’ in Nicholas Perdikis and Robert Read (eds), The WTO and the regulation of international trade : recent trade disputes between the European Union and the United States (Edward Elgar Publishing Limited, 2005) 193</ref>

'''Impact on Developing Countries.''' It is important that the views of developing countries are incorporated into the standard-setting process as the effect of exporting countries enacting SPS measures can be damaging to developing economies. This is partly due to these states not possessing the technology and resources needed to readily comply with certain SPS requirements.<ref>Das, ‘Coping with SPS Challenges in India: WTO and Beyond’,973-974, 1006</ref>

'''Impact of Consumer Pressure on adherence to the SPS Agreement.''' Some commentators pose that the WTO’s assumption that trade liberalisation enhances consumer welfare, has resulted in the SPS Agreement being ill-equipped to deal with trade restrictions put in place by governments responding to protectionist pressure from consumers.<ref>Kerr and Hobbs, , ‘Consumers, Cows and Carousels: Why the Dispute over Beef Hormones is Far More Important than its Commercial Value’, 191-192.</ref> This was most noticeable in the Beef Hormones Dispute where, although the science pointed to the relative safety of the growth hormones in question, European consumers pressured governments to ban the import of hormone-treated beef.<ref>Tracey Epps, ‘Reconciling public opinion and WTO rules under the SPS Agreement’ (2008) 7(2) World Trade Review, 359-392, 360</ref>

==See also==
* [[Codex Alimentarius]]
* [[International Plant Protection Convention]]
* [[Free trade]]
* [[Phytosanitary certificate]]
* [[World Organisation for Animal Health]]

==References==
{{Reflist}}

==External links==
*Text of the SPS Agreement:[http://www.wto.org/english/docs_e/legal_e/15sps_01_e.htm html(1)], [https://web.archive.org/web/20051030113200/http://www.takuzinis.lv:80/xhtml1.1/20020424.html html(2)], [http://www.wto.org/english/docs_e/legal_e/15-sps.doc doc], [http://www.wto.org/english/docs_e/legal_e/15-sps.pdf pdf], [https://web.archive.org/web/20060316054018/http://www.wto.org:80/english/docs_e/legal_e/15-sps.wpf wpf]
* [http://www.law.upenn.edu/academics/institutes/regulation/importsafety/ Penn Program on Regulation's Import Safety Page]
*Concerted Action on Trade & Environment (CAT&E) [https://web.archive.org/web/20070927004108/http://www.ictsd.org/issarea/atsd/Resources/docs/NTB.pdf Technical barriers to trade, sanitary and phytosanitary standards and eco-labelling]
*[http://www.ppl.nl/bibliographies/all/showresults.php?bibliography=wto&code=WTG10&topic=Goods%20%3E%20Health,%20sanitary%20and%20phytosanitary%20measures World Trade Organization and Health, Sanitary and Phytosanitary Measures: Selective Bibliography], prepared by Hugo H.R. van Hamel, Peace Palace Library
{{World Trade Organization}}

{{DEFAULTSORT:Agreement On The Application Of Sanitary And Phytosanitary Measures}}
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