§ Lord Kennetasked Her Majesty's Government:
What procedures the World Trade Organisation has in place to adjudicate on the scientific bases on which governments may control or restrict imports of products believed to be harmful. [HL2003]
§ Lord Simon of HighburyThe main WTO rules which relate to decisions taken by member governments on the basis of science are contained in the Sanitary and Phytosanitary (SPS) and Technical Barriers to Trade (TBT) Agreements. The SPS Agreement recognises the right of members to take measures necessary for the protection of human, animal or plant health but requires that any such trade measures are based on scientific principles and are not maintained without sufficient scientific evidence. The TBT Agreement similarly permits technical regulations provided that they are not more trade-restrictive than is necessary to achieve legitimate objectives, taking account of the risks that non-fulfilment of such objectives would create. Such objectives include the protection of human health or safety, animal or plant life or health, or the environment. The available scientific and technical information, related processing technology and the intended end-uses of products are among the factors which must be taken into consideration.