The EC Traceability and Equivalence Rules in Light of the SPS Agreement: a Review of the Main Legal Issues
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O'Connor and Company. 2003. The EC Traceability and Equivalence Rules in Light of the SPS Agreement: a Review of the Main Legal Issues. CTA, Wageningen, The Netherlands.
Permanent link to this item: http://hdl.handle.net/10568/52411
This memorandum is a summary of a 32 page study prepared by O’Connor and Company which sets forth the major legal issues in connection with the WTO legality of the EC’s sanitary and phytosanitary (SPS) legislation as well as the traceability rules to come into force on 1 January 2005. The legislation concerned consists mainly of traceability requirements, conditions for equivalency of the SPS standards of third countries and mutual recognition agreements. In conclusion, the study suggest that the EC legislation can be assumed to hinder trade, but it is not clear that all aspects of the rules are inconsistent with WTO rules. The study concludes that in order to challenge the traceability rules and those aspects of the SPS rules which are inconsistent with the WTO agreements the ACP group should take advantage of the opportunities offered by the current WTO rules and of a favourable negotiating context (the EPA and Doha negotiations), rather than pursuing WTO dispute settlement.