ABSTRACT
The World Trade Organization (WTO)’s Agreements on Sanitary and Phytosanitary Measures (SPS) and Technical Barriers to Trade (TBT) establish rules that give countries the right to restrict trade to protect health and the environment, while aiming to prevent the use of technical regulations and sanitary and phytosanitary measures for protectionist purposes. WTO Members have the obligation to notify all new or changed SPS and TBT regulations that are not based on international standards if they have a significant effect on trade. An increasing number of TBT and SPS measures that do have such a significant impact on trade are related to the trade of genetically modified organisms (GMOs). As of November 2004, more than 140 SPS notifications related to GMOs have been circulated concerning diverse topics including genetically modified food and feed additives, risk assessments of GMO products and labelling. Under the TBT Agreement, more than 90 GMO-related notifications have been circulated, often related to labelling requirements. Many governments have notified GMO regulations under both Agreements, while others have only notified under one. The purpose of these measures is to ensure that GMOs do not pose an unacceptable risk to human health or the environment, or to provide information to consumers through labelling requirements. The measures are taken under increasing pressure from consumer groups, industry and the media. Whether all of these measures are in conformity with the TBT and SPS Agreements is an open question.
