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THE TECHNICAL BARRIERS TO TRADE AGREEMENT

THE TECHNICAL BARRIERS TO TRADE AGREEMENT. United States — Certain Country of Origin Labelling Requirements : TBT measure implying the determination of the origin of the product brief overview of marks and rules of origin in the WTO system ( unrelated to TBT): Article IX GATT

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THE TECHNICAL BARRIERS TO TRADE AGREEMENT

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  1. THE TECHNICAL BARRIERS TO TRADE AGREEMENT • United States — Certain Country of Origin Labelling Requirements : TBT measure implying the determination of the origin of the product • brief overview of marks and rules of origin in the WTO system (unrelated to TBT): • Article IX GATT • Agreement on rules of origin

  2. THE TECHNICAL BARRIERS TO TRADE AGREEMENT • Inspiring principles: - Importance of standards and conformity assessment procedures (CAPs) - Countries are free to pursue their objectives provided that they do not restrict trade unnecessarily - Special regard for LDCs

  3. THE TECHNICAL BARRIERS TO TRADE AGREEMENT • Main rules: • non discrimination • necessity of the measure • conformity to international standards • “soft” mutual recognition of other members’ standards • longer time limits for LDCs and taking into account of their needs

  4. THE TECHNICAL BARRIERS TO TRADE AGREEMENT • EC – Sardines : just sardina pichardus is a “sardine” • States have to conform to international standards but if they deviate it is up to the complainant demonstrating that the standard would have been adequate in order to fulfill importing country’s needs

  5. THE SANITARY AND PHYTOSANITARY AGREEMENT • Inspiring principles - Members are free to adopt measure to protect human and animal life etc provided that they do not discriminate • Establishing a multilateral framework of SPS measures in order to minimize their impact on trade • Harmonisation among member States • LDCs

  6. THE SANITARY AND PHYTOSANITARY AGREEMENT • Main rules: • an SPS is a measure used in order to protect human, plant of animal life from pests or diseases • Example : risk assessment procedures, quarantine treatment, labelling related to food safety, inspections

  7. THE SANITARY AND PHYTOSANITARY AGREEMENT - States can adopt SPS measures if they comply with the Agreement - SPS measures are necessary, based on scientific principles and maintained only with sufficient scientific evidence - non discrimination - measures compliant with the SPS agreement are presumed to be compliant with GATT article XX b)

  8. THE SANITARY AND PHYTOSANITARY AGREEMENT • conformity to international standards and presumption of conformity to the SPS Agreement and the GATT • States can pursue a higher level of protection than international standards if there is a scientific basis • mutual recognition of other States’ standards if the exporting member demonstrates that the standard is adequate

  9. THE SANITARY AND PHYTOSANITARY AGREEMENT • SPS measures are based on risk assessment • in assessing the risks members must take into account economic factors (?!) • in setting the level of protection States must minimize trade effects • coherence in setting the level of protection

  10. THE SANITARY AND PHYTOSANITARY AGREEMENT • SPS measures are necessary, taking into account technical and economic feasibility • if scientific evidence is insufficient, members can adopt provisional measures and review them in a reasonable period of time • special consideration for LDCs and longer time frames

  11. THE SANITARY AND PHYTOSANITARY AGREEMENT • Disputes: • EC – hormones : import ban of beef from US and Canada because of the use of hormones • EC – GMOs : moratorium by the EC on the approval and marketing of GMOs • one of the main problems is the allocation of the burden of proof

  12. THE SANITARY AND PHYTOSANITARY AGREEMENT • general issues: • how judges handle scientific uncertainty • relationship between WTO system and other norms of international law • does article 5.7 really make sense? • Is WTO the right place where to solve env’l/food safety disputes?

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