Trade restrictions on genetically engineered foods: the application of the TBT agreement.

Abstract

AbstractThis chapter analyses the role of the Technical Barriers to Trade (TBT) Agreement within the World Trade Organization system with respect to trade restrictions on genetically engineered foods, particularly those related to labelling. The TBT Agreement does not cover import bans, which are encountered under the provisions of the General Agreement on Tariffs and Trade. It does not apply to sanitary and phytosanitary measures that are introduced for plant, animal or human health reasons alone, which are exclusively covered by the Sanitary and Phytosanitary (SPS) Agreement. The TBT Agreement covers all technical regulations that are not covered by the SPS Agreement, including measures with multiple objectives even if one of those objectives is related to health. With respect to the issue of labelling, the chapter examines whether the TBT Agreement would allow countries to justify broad labelling regimes if these correspond with the needs and preferences of consumers. The problem usually raised with respect to the flexible use of precaution and labelling is that it quickly leads to a misuse of such regulations to protect domestic suppliers. The chapter concludes with suggestions of ways to require sufficient empirical evidence regarding what people want and why, so as to avoid the misuse of the TBT rules as disguised protectionism.