The SPS Agreement and biosafety

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This paper was presented at a regional training workshop on drafting secondary biosafety regulations, organized by the United Nations Environment Programme (UNEP) and funded by the Global Environment Facility (GEF) (10-13 October 2006, Hanoi, Vietnam). The purpose of the workshop was to enable key government staff from Cambodia, Thailand and Vietnam to draft secondary biosafety regulations that are consistent with inter alia the Cartagena Protocol on Biosafety (the Protocol) and other internatio nal treaties and arrangements. The paper includes a general introduction to the World Trade Organization (WTO), its objectives, functions and structure, and to the relevant WTO Agreements in the biosafety area, notably the Agreement on the Application of Sanitary and Phytosanitary Measures (the SPS Agreement). In addition, it presents the findings of the Panel Report in the recent Biotech dispute and identifies some areas of potential conflict between the Protocol and WTO rules, in particular th e SPS Agreement. The concluding remarks contain some practical considerations on drafting biosafety legislation.

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