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SPS AGREEMENT TRAINING MODULE: CHAPTER 5

Implementation — Dispute Settlement

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5.2 The SPS disputes

As of April 2002, over 250 disputes had formally been raised under the WTO’s dispute settlement system. Of these, 20 alleged violation of the SPS Agreement, although in four cases this was not the main focus of the dispute. In five cases, panels have been established: two with regard to the EU ban on meat treated with growth-promoting hormones; two with regard to Australia’s restrictions on imports of fresh, chilled or frozen salmon; and one to examine Japan’s requirement that each variety of certain fruits be tested with regard to the efficacy of fumigation treatment.

Of the remaining disputes, in several cases the bilateral consultations allowed the parties to find mutually agreed solutions. The other cases are still pending, and if a solution is not eventually found, the complaining party could request the establishment of a panel. Click here for an overview of all disputes alleging violation of the SPS Agreement.

Two of these five SPS cases regarded an European Communities (EC) ban on imports of meat treated with growth-promoting hormones, brought forward by the United States and Canada. The third case, also brought forward by Canada, dealt with Australia’s import restrictions on fresh, chilled or frozen salmon. The United States later requested a panel on this same issue. In the fifth case, the United States complained about Japan’s requirement for testing each variety of a fruit for efficacy of fumigation treatment. Thus, there has been one case in each of the three areas of application of the SPS Agreement: food safety (hormones), animal health (salmon), and plant health (variety testing).

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