Book contents
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- 37 Agreement Establishing the World Trade Organization, 15 April 1994 (extracts)
- 37A General Agreement on Tariffs and Trade, 1947/1994 (extracts)
- 37B Agreement on Technical Barriers to Trade (extracts)
- 37C Agreement on the Application of Sanitary and Phythosanitary Measures (extracts)
- 37D Agreement on Trade Related Aspects of Intellectual Property Rights (extracts)
- PART X Environmental impact assessment and access to information
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
37C - Agreement on the Application of Sanitary and Phythosanitary Measures (extracts)
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- PART I General instruments
- PART II Atmosphere
- PART III Oceans: global
- PART IIIB Oceans: regional
- PART IV Freshwater resources
- PART V Biodiversity
- PART VIA Hazardous substances and activities: nuclear
- PART VIB Hazardous substances and activities: pesticides
- PART VIC Hazardous substances and activities: waste
- PART VII Human rights and the environment
- PART VIII War and the environment
- PART IX Trade and the environment
- 37 Agreement Establishing the World Trade Organization, 15 April 1994 (extracts)
- 37A General Agreement on Tariffs and Trade, 1947/1994 (extracts)
- 37B Agreement on Technical Barriers to Trade (extracts)
- 37C Agreement on the Application of Sanitary and Phythosanitary Measures (extracts)
- 37D Agreement on Trade Related Aspects of Intellectual Property Rights (extracts)
- PART X Environmental impact assessment and access to information
- PART XI Liability for environmental damage and breaches of environmental obligations
- PART XII The Antarctic
Summary
Members,
Reaffirming that no Member should be prevented from adopting or enforcing measures necessary to protect human, animal or plant life or health, subject to the requirement that these measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Members where the same conditions prevail or a disguised restriction on international trade;
[…]
Article 1
General provisions
1. This Agreement applies to all sanitary and phytosanitary measures which may, directly or indirectly, affect international trade. Such measures shall be developed and applied in accordance with the provisions of this Agreement.
2. For the purposes of this Agreement, the definitions provided in Annex A shall apply.
3. The annexes are an integral part of this Agreement.
4. Nothing in this Agreement shall affect the rights of Members under the Agreement on Technical Barriers to Trade with respect to measures not within the scope of this Agreement.
Article 2
Basic rights and obligations
1. Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement.
2. Members shall ensure that any sanitary or phytosanitary measure is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence, except as provided for in paragraph 7 of Article 5.
- Type
- Chapter
- Information
- Documents in International Environmental Law , pp. 1015 - 1019Publisher: Cambridge University PressPrint publication year: 2004