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Prévost, Denis; Matthee, Mariëlle

doi:10.1023/a:1015269200875

Cited by 2 publications

(1 citation statement)

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“…The WTO Secretariat notes, 'one difference with respect to the "reasonable measures to ensure compliance" required of Members under the TBT and SPS Agreements is the reference under the TBT Agreement to Members ensuring acceptance and compliance with the Code of Good Practice by non-governmental bodies.' 33 Another benefit of creating a CGP for the SPS Agreement would be that the positive effects of private standards would not be neglected. 32 Annex 3 to the TBT Agreement establishes a 'Code of Good Practice for the Preparation, Adoption and Application of Standards' (CGP) (see Table 1).…”

Section: Inspiration From the Tbt Agreement?mentioning

confidence: 99%

Private food standards and the World Trade Organization: some legal considerations

Wouters

Geraets

2012

World Trade Review

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Private standards have increasingly become a contentious issue in the multilateral trading system. The ever increasing number of sector-specific standards developed by businesses, in particular in the food market, may have significant implications for developing countries in terms of market access. Some countries see private food standards as a particular form of non-tariff barriers. The World Trade Organization (WTO) deals with non-tariff barriers in the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) and in the Agreement on Technical Barriers to Trade (TBT Agreement). This paper examines to what extent these agreements cover private standards, as they were originally intended to regulate standard-setting by public authorities. We find that there is an important difference between the SPS Agreement and the TBT Agreement in that the drafters of the latter realized the importance of the private sector in standardsetting. Finally, we discuss whether a 'Code of Good Practice for the Preparation, Adoption and Application of Standards', similar to that under the TBT Agreement, could be adopted under the SPS Agreement.

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Section: Inspiration From the Tbt Agreement?mentioning

confidence: 99%