OIE standards: the ‘take home messages’ from three WTO disputes on trade in animal products under the SPS Agreement

摘要

This paper reviews the implications for the OIE of World Trade Organization (WTO) disputes concerning sanitary measures and international trade. In each of the three cases discussed, the Dispute Settlement Body concluded that the defendant was in breach of its obligations, in part because its failure to respect the OIE standards resulted in non- compliance with related provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The ?ndings of panels and the Appellate Body are the key source of legal interpretation of the WTO Agreements and serve as guidance to governments when developing policies and implementing measures that affect international trade. The SPS Agreement’s fundamental premise is that WTO Members should base their health measures on science:countries are encouraged to harmonise their measures with the standards of the recognised intergovernmental standard- setting organisations (ISSOs). The outcomes of the disputes clearly illustrate the importance of respecting the OIE standards – both for safe trade and to meet the obligations of WTO membership. The OIE takes care to ensure the scienti?c quality and currency of its standards and to take into account the relevant provisions of the SPS Agreement in the standard-setting process. Member Countries are encouraged to become involved in standard-setting and to apply the adopted standards. Performance in this regard is included in the evaluation of the performance of Veterinary Services (VS) and Aquatic Animal Health Services (AAHS) under the OIE PVS framework.The Sixth OIE Strategic Plan (2016–2020) includes actions to reinforce scienti?c quality and to enhance procedural transparency and accountability to ensure continual improvement in the OIE’s normative activities.