Sps Agreement Article 3
3. This agreement does not infringe on members` rights under other international instruments, including the right to use good offices or dispute resolution mechanisms of other international organizations or that have been established under an international agreement. In 2003, the United States challenged a number of EU legislation restricting the importation of genetically modified organisms (GMOs) in a dispute known as biotech on the grounds that they were « unjustifiable » and illegal under the SPS agreement. In May 2006, the WTO`s dispute resolution body issued a complex ruling that challenged aspects of the EU GMO regulation, but rejected many of the US claims. A summary of the decision can be provided here. Under the SPS agreement, the WTO sets limits on Member States` policy on food security (bacterial contaminants, pesticides, inspection and labelling) and animal and plant health (phyto-hygiene) with regard to pests and imported diseases. There are three standards bodies that set standards on which WTO members should base their SPS methods. According to Article 3, they are the Codex Alimentarius Commission (Codex), the World Organisation for Animal Health (OIE) and the secretariat of the International Convention on the Protection of Plants (IPPC). The SPS agreement is closely linked to the Agreement on Technical Barriers to Trade, which was signed the same year and has similar objectives. The OBT is the result of the WTO round of negotiations in Tokyo and was negotiated to ensure non-discrimination in the adoption and implementation of technical rules and standards.
 (d) the membership and participation of the member or members of the relevant institutions on its territory in international and regional plant health and protection organizations and systems, as well as bilateral and multilateral agreements and arrangements under this agreement, as well as the texts of these agreements and arrangements. Vergano, P. The health and plant health agreement. ERA Forum 2, 118-128 (2001). doi.org/10.1007/BF02817546 The agreement on the application of health and plant health measures, also known as the SPS agreement or simply SPS, is an international treaty of the World Trade Organization (WTO). It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) and came into force with the creation of the WTO in early 1995.  Overall, the health and plant health measures (« SPS ») covered by the agreement are those aimed at protecting life, the animal or the plant or human or plant health from certain risks.  As GATT focused on tariff reductions, the framework that preceded the SPS agreement was not sufficiently equipped to deal with the problems of non-tariff barriers (NB) and the need for an independent agreement to address it became critical.
 The SPS agreement is an ambitious attempt to address NB due to cross-border differences in technical standards, without reducing the prerogative of governments to implement protection measures against diseases and pests.  The issue of equivalency agreements and their type of trade facilitation; See also: > decision on the implementation of Article 4 of the ERA Forum Volume 2, pages118-128 (2001) See this Article 5.