9 Kennedy states: « Before incorporating the Sps agreement into the WTO partnership, item (b) Of Article xx was the only GATT provision that explicitly addressed the purpose of sps measures. Until the Sps agreement, there was no multilateral trade agreement with a comprehensive set of procedural rules governing a country`s use of svs measures for imported goods. The Spas agreement fills this gap by applying to WTO members the use of such measures as a non-tariff barrier to trade. Kevin C. Kennedy, Resolving International Snrtitary and Phytosanitary Disputes in the W7`e: Lessons and Future Directions, 55 FOOD – 55 FOOD- !) UK (: L. 81, 83 (2000). 10 John H. Jackson, William J. Davey and Alan O. Sykes, Jr., LEGAL PROBLEMS OF INTERNATIONAL ECONOMIC RELATIONS: CASES, MA`1`EI11ALS AND TEXT, 579 (4th edition 2002). , the establishment or spread of pests, diseases, pathogens or pathogens; b) protect life, human or animal health or health in the member`s territory from risks associated with additives , contaminants, toxins or pathogens found in food, beverages or foodstuffs; (c) protect human life or health on the territory of the Member from the risks arising from diseases resulting from animals, plants or products, the entry, installation or spread of pests; or (d) other damage to the member`s territory through the entry, establishment or spread of pests to be prevented or restricted. However, Schedule A, Sps agreement, para. 1. Marceau and Trachtman, above in Note 12, in Case 874, refers to the case of EC asbestos and concludes with the following conclusion: « Another interesting topic is the coverage of Article 2.1 of the TBT agreement and their relationship to Articles I, M and XX of Gnr.
If the scope and meaning of Article 2.1 are similar to those of Articles in and I, a single technical regulation could constitute a violation of prionafacie in Article III, but it could be justified by Article xx of the GATT, in violation of Article 2.1 of the TBT agreement without any justification, even if it has been established that the same regulation does not violate Article 2.2 of the TBT agreement.