Article 3 Of Sps Agreement
Given that the GATT temporarily focused on tariff reduction, the framework that preceded the SPS Agreement was not sufficiently provided to address the problems of non-tariff barriers (NTBs) and the need for an independent agreement on this issue became critical.  The SPS Convention is an ambitious attempt to address DNTs resulting from transnational differences in technical standards, without undermining the prerogative of governments to take protective measures against diseases and pests.  The SPS Agreement is closely linked to the Convention on Technical Barriers to Trade, which was signed in the same year and pursues similar objectives. The OEE is a result of the Tokyo Round of WTO negotiations and was negotiated with the aim of ensuring non-discrimination in the adoption and implementation of technical rules and standards.  See also: > decision implementing Article 4(d), the accession and participation of the member or competent bodies in its territory in international and regional sanitary and phytosanitary organisations and systems and systems, as well as in bilateral and multilateral agreements and arrangements falling within the scope of this Convention and in the text of such agreements and arrangements. 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. Under the SPS Agreement, the WTO sets restrictions on Member States` policies on food safety (bacterial contaminants, pesticides, inspection and labelling) and animal and plant health (phyto-sanitation) with regard to imported pests and diseases. There are three standard-setting bodies that set standards on which WTO members should base their SPS methods. In accordance with Article 3, these are the Codex Alimentarius Commission (Codex), the World Organisation for Animal Health (OIE) and the Secretariat of the International Plant Protection Agreement (IPI). The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as spS or spS only, is an international treaty of the World Trade Organization (WTO).
It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) and entered into force with the creation of the WTO in early 1995.  Overall, sanitary and phytosanitary measures covered by the Agreement are measures to protect human, animal or plant life or health from certain risks.  In 2003, the US challenged a series of EU laws that restrict the import of genetically modified organisms (GMOs) in a dispute known as EC biotech, arguing that they were “unjustified” and illegal under the SPS agreement. . . .