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. All governments of WTO member states must have an investigative body, an office to counter and respond to requests for information on the health and plant health measures of these countries. These requests may be copies of new or existing regulations, information on relevant agreements between two countries, or information on risk assessment decisions. The addresses of the application points can be found here. This introduction examines the text of the SPS agreement as contained in the final act of Uruguay`s round of multilateral trade negotiations, signed in Marrakech on 15 April 1994. This agreement and other agreements contained in the final act are part of the Treaty establishing the World Trade Organization (WTO) with the General Agreement on Tariffs and Trade as amended (GATT 1994). The WTO has replaced GATT as the umbrella organization for international trade. The transparency provisions of the SPS agreement are designed to ensure that measures to protect human, animal and plant health are made known to the public and trading partners. The agreement obliges governments to immediately publish all health and plant health provisions and to present, at the request of another government, the reasons for a specific food or animal or plant safety requirement. In the context of a dispute over SPS measures, the group may seek scientific advice, including by convening a group of technical experts.
If the body concludes that a country is not meeting its obligations under a WTO agreement, it will generally recommend that the country bring its measure into line with its obligations. That might involve. B procedural changes in the way a measure is applied, an amendment or elimination of the measure, or simply the elimination of discriminatory elements. Technical barriers to CTA trade covered by the WTO agreement on technical barriers to trade. References to the old GATT agreement of the same name are called the tBT agreement “1979”, the SPS agreement which, while allowing governments to maintain adequate health and plant health protection, reduces the potential arbitrariness of decisions and promotes consistent decision-making. It requires that sanitary and plant health measures be applied for purposes other than ensuring food security and animal and plant health. In particular, the agreement clarifies the factors to be taken into account when assessing risk risk. Measures to ensure food security and the protection of animal and plant health should, where possible, be based on the analysis and evaluation of objective and accurate scientific data. While a number of developing countries have excellent food security and veterinary and plant health services, others do not.