3. This agreement does not infringe on members` rights under other international instruments, including the right to use good offices or dispute resolution mechanisms of other international organizations or that have been established under an international agreement. Subscribe to this royalty review for other regulated articles on this subject The article addresses the problem of insufficient scientific evidence under the WTO agreement on the application of sanitary and plant health measures (SPS convention). The analysis is done in the light of the panel`s report in the European Communities – Measuring the attention and marketing of biotech products, a case which, for the first time, has largely analysed the legal significance of the notion of insufficient scientific evidence. The article acknowledges that the inadequacy under the SPS agreement serves a dual function – it triggers the application of Article 5.7, but is also one of the requirements for coherence. With regard to the issue of applicability, the article in the report mentions a number of defects of a different nature (for example. B, inconsistency with previous case law, logical procedures). This article argues that it is more appropriate to consider Article 5.7 as a separate set of commitments applicable to the exclusion of other scientifically based provisions of the SPS agreement. On the substance, the article calls into question the panel`s approach, which conceives of the inadequacy in absolute numbers. The paper argues that sufficiency implies relativity and its evaluation can legitimately distinguish between scientists working in different cultural environments.
In this context, the article also disagrees with the balancing of scientific opinions and the choice of the best science. Finally, the article criticizes the approach of the biotech panel in the assessment over time of the lack of scientific evidence (i.e. the relevant time to assess the deficiency) and notes that such an approach poses complex practical problems. See also > decision on the implementation of Article 4, point (d), membership and participation of the member or institutions concerned on its territory in international plant health and protection organizations and systems, as well as bilateral and multilateral agreements and arrangements under this agreement, as well as the texts of these agreements and arrangements. (a) protect the life or health of animals or plants in the member`s territory from the risks of entering, installing or spreading pests, diseases, pathogens or pathogens; International Political Economy: Trade Policy eJournal 6. Without prejudice to Article 3, paragraph 2, when adopting or maintaining health or plant health measures to achieve an appropriate level of health or plant health protection, members ensure that these measures are no more restrictive than those necessary to achieve their appropriate level of health or plant health protection, given the technical and economic feasibility. (3) 4. The committee develops a procedure to monitor the international harmonization process and apply international standards, guidelines or recommendations. To this end, the Committee should draw up, in cooperation with the relevant international organizations, a list of international standards, guidelines or recommendations on health or plant health measures, which the Committee considers to have a significant impact on trade. The list should include members indicating those international standards, guidelines or recommendations that they apply as import conditions or which may have access to their markets for imported products on the basis of these standards.
In cases where a member does not apply an international standard, directive or recommendation as a precondition for importation, the member should give an indication, particularly if he or she feels that the standard is not strict enough to ensure an appropriate level of health or plant health protection.