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Table of contents back to top
I. Preamble back to top
A. Text of the Preamble
B. Interpretation and Application of the Preamble
1. “international standards, guidelines and
recommendations”
2. The precautionary principle
II.
Article 1 back to top
A. Text of
Article 1
B. Interpretation and Application
of Article 1
1. Paragraph 1
(a) Scope of the SPS Agreement
(i) General
(ii) Measures of a provincial government
(iii) Measures in existence since before the entry into force of the SPS Agreement
(b) Relationship between paragraph 1(a) and 1(b) of Annex A
III.
Article 2 back to top
A. Text of
Article 2
B. Interpretation and Application
of Article 2
1. Paragraph 2
(a) “maintained without sufficient scientific
evidence”
2. Paragraph 3
(a) Interpretation of paragraph 3
(b) Relationship with Article 5.5
3. Relationship with other Articles of the SPS Agreement
IV.
Article 3 back to top
A. Text of
Article 3
B. Interpretation and Application
of Article 3
1. General
(a) Object of Article 3
2. Paragraph 1
(a) “based on”
(b) “where they exist”
3. Paragraph 2
4. Paragraph 3
5. Paragraph 5
6. Relationship between paragraphs of Article 3
7. Relationship with other Articles of the SPS Agreement
V.
Article 4 back to top
A. Text of
Article 4
B. Interpretation and Application
of Article 4
(a) Decision on equivalence:
(i) Concept of equivalence
(ii) Explanation of SPS measures taken by importing Member
(iii) Procedure for the recognition of equivalence
(iv) Technical assistance
(v) International cooperation outside the WTO
(vi) Notification
(b) Specific programme for the further implementation of Article 4
VI.
Article 5 back to top
A. Text of
Article 5
B. Interpretation and Application
of Article 5
1. Paragraph 1
(a) “risk assessment”
(i) General
(ii) Definition of the term
“risk”
(iii) Definition of the term
“risk assessment”
(iv) Timing of a “risk
assessment”
(v) Methodology of risk assessment
(b) “as appropriate to the
circumstances”
(c) “based on an assessment
… of the risks”
(d) Standard of review
2. Paragraph 2
3. Paragraph 4
4. Paragraph 5
(a) General
(b) Three elements of Article 5.5
(c) “appropriate level of
protection”
(i) Legal status of the first part of Article 5.5
(ii) “distinctions in the levels of protection in different
situations”
(iii) “Arbitrary or
unjustifiable” distinctions in levels of protection
(iv) Distinctions which
“result in discrimination or a disguised restriction on international
trade”
(d) Guidelines
5. Paragraph 6
(a) General
(b) “reasonably available taking into account technical and economic
feasibility”
(c) “achieves the appropriate level of
… protection”
(d) “significantly less restrictive to
trade”
6. Paragraph 7
(a) “seek to obtain additional
information”
(b) “review … within a reasonable period of
time”
(c) Treatment of the precautionary principle
7. Paragraph 8
8. Relationship between paragraphs of Article 5
9. Relationship with other Articles of the SPS Agreement
VII.
Article 6 back to top
A. Text of
Article 6
B. Interpretation and Application
of Article 6
VIII.
Article 7 back to top
A. Text of
Article 7
B. Interpretation and Application
of Article 7
1. Notification requirements
(a) Recommended notification
procedures
(b) “significant effect on
trade of other Members”
2. Annex B
IX.
Article 8 back to top
A. Text of
Article 8
B. Interpretation and Application
of Article 8
1. Annex C
X.
Article 9 back to top
A. Text of
Article 9
B. Interpretation and Application
of Article 9
XI.
Article 10 back to top
A. Text of
Article 10
B. Interpretation and Application
of Article 10
1. Paragraph 1
2. Paragraph 2
XII.
Article 11 back to top
A. Text of
Article 11
B. Interpretation and Application
of Article 11
1. General
2. Paragraph 2
(a) Appointment of scientific experts advising the panel
(i) Individual experts or expert review groups
(ii) Appointment procedures
(b) Method of obtaining advice from scientific experts
(i) Role of scientific experts advising the panel
XIII.
Article 12 back to top
A. Text of
Article 12
B. Interpretation and Application
of Article 12
1. Paragraph 1
2. Paragraph 3
(a) International Intergovernmental Organizations having observer status on a regular basis
(b) International Intergovernmental Organizations having observer status on an ad hoc (meeting-by-meeting) basis
(c) International Intergovernmental Organizations whose request is pending
3. Paragraph 4
4. Paragraph 7
XIV.
General Issues back to top
1. Burden of proof
(a) Allocation of burden of proof
(b) Concept of a prima facie case
(c) Evaluation of evidence
2. Standard of review
XV.
Relationship with other WTO Agreements back to top
A. TBT Agreement
B. GATT
XVI.
Annex A back to top
A. Text of Annex A
B. Interpretation and Application of Annex A
XVII.
Annex B back to top
A. Text of Annex B
B. Interpretation and Application of Annex B
1. Publication requirements (paragraphs 1 and 2)
2. Enquiry points (paragraph 3)
(a) Jurisprudence
(b) Paragraph 3(d)
XVIII.
Annex C back to top
A. Text of Annex C
B. Interpretation and Application of Annex C
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