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Friday, October 8, 2021

Sps Agreement In Wto

3. This Convention shall not affect the rights of Members under other international instruments, including the right to have recourse to the good offices or dispute settlement mechanisms of other international organizations established under an international agreement. While a number of developing countries have excellent food safety and veterinary and phytosanitary services, others do not. For them, the requirements of the SPS Convention pose a challenge to improving the health situation of their population, livestock and crops, which can be difficult for some to meet. Because of these difficulties, the SPS Agreement delayed all requirements, with the exception of transparency (notification and establishment of contact points), until 1997 for developing countries and until 2000 for least developed countries. This means that these countries are not required to scientifically justify their sanitary or phytosanitary requirements before that date. Countries that need longer periods, for example to improve their veterinary services or to implement specific obligations under the Agreement, may request the SPS Committee to grant them further delays. In addition, sanitary and phytosanitary measures may be imposed only to the extent necessary for the protection of human, animal or plant health on the basis of scientific information. However, governments may introduce TPOs rules if necessary to achieve a number of objectives such as national security or the prevention of fraudulent practices. Since the commitments made by governments under the two agreements are different, it is important to know whether a measure is a sanitary or phytosanitary measure or a measure subject to the OEP agreement. With the adoption of the WTO agreement, governments agreed to be bound by the rules of all related multilateral trade agreements, including the SPS Agreement. In the event of a trade dispute, WTO dispute settlement procedures (click here for an introduction, click here for more details) encourage the governments concerned to find a mutually acceptable bilateral solution through formal consultations.

If governments are unable to resolve their dispute, they can opt for one of many means of dispute resolution, including the right services, mediation, mediation and arbitration. Alternatively, a government may require the establishment of an impartial body of trade experts to address all parties to the dispute and make recommendations. Who benefits from the implementation of the SPS agreement? Is the agreement in the interests of developing countries? One of the provisions of the SPS Convention is the obligation for Members to facilitate the provision of technical assistance to developing countries, either through the relevant international organizations or bilaterally. . . .

posted by Joe Schwartz - J. Schwartz,llc at 5:28 pm  

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