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Agreement On The Application Of Sanitary And Phytosanitary Measures




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 (imported pests and diseases).


SPS & GENETICALLY MODIFIED ORGANISM S (GMOS)

The USA is currently challenging the EU ’s laws restricting the importation of Genetically Modified Organism s (GMOs), arguing they are “unjustifiable” and illegal under SPS agreement. The WTO is due to decide the case in 2006. If it decides that the EU laws are illegal, the decision will likely conflict with the Cartagena Protocol On Biosafety – the first legally binding global agreement giving countries the right to reject GM organisms on the basis of the precautionary principle.


CRITICISM

Quarantine policies plays an important role in ensuring the protection of human, animal and plant health. Yet under the SPS agreement, quarantine barriers can be a ‘technical trade barrier’ used to keep out foreign competitors.

The SPS agreement gives the WTO the power to override a country's use of the Precautionary Principle – a principle which allows them to act on the side of caution if there is no scientific certainty about potential threats to human health and the environment. Under SPS rules, the burden of proof is on countries to demonstrate scientifically that something is dangerous before it can be regulated, even though scientists agree that it is impossible to predict all forms of damage posed by insects or pest plants.


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World Trade Organisation


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