Exporia's Plea Concerning Ban On Corn Beer
Following the unexpected ban of Exporia's corn beer by Imporia, Exporia in this document outlines concerns regarding the action and associated implications. Exporia hereby states that Imporia erred in the imposition of the ban. This is in violation of the Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") in general; Imporia violated Article 3.3, 5.1, and 5.2 of the SPS Agreement.
In respect to the violation of the SPS Agreement in general, Exporia argues that Imporia erred since the SPS Agreement directly acknowledges that a Member has the right to pick an appropriate level of sanitary and Phytosanitary protection. In addition, Article 3.3 provides that in cases where an international standard are set, there are specific guidelines that govern the right to choose exercise as presented in the Hormones case[footnoteRef:1]. Exporia asserts that Article 3.1 does not give Imporia a free hand in reading in isolation, but provides options that a Member should adhere to when international standard exist [1: Appellate Body. EC Measures Concerning Meat and Meat products. Geneva, 1998 .]
With regard to the violation of Article 5.1 of the SPS Agreement, Exporia opposes the fact that Imporia claims that one of the used flavorings in Exporia's Beer, namely the hops, was infected during winter by the Two-spotted Spider Mite (Tetranychus urticae). Exporia notes that Imporia conducted some studies on the Beer and the pests affecting the starches and flavorings used in beer. The findings of these studies have been countered by similar studies conducted by the Food and Agriculture Organization (FAO) and the World Health Organization (WHO) that were inconclusive with regard to the causality between the poisonous saliva of the Spider Mite and the localized paralysis.
Nonetheless, Exporia argues that the ban discriminates against Exporia-produced Beer thereby violating Article III of the General Agreement on Tariffs and Trade ("GATT").[footnoteRef:2] Exporia further argues that GATT Article XX, which lists exceptions for trade distorting behavior in certain circumstances, does not provide Imporia with the ultimate justification for the ban. Imporia's ban on Exporia's Beer is inconsistent with World Trade Organization member obligations as stipulated in GATT Articles III and XX. Article XX (b), allows for limited exceptions to discriminatory trade policies only if they are meant to protect human health, it however does not apply in this case because Imporia unjustifiably and arbitrarily uses it to discriminate against Exporia's Beer.[footnoteRef:3] Imporia unfairly discriminates against Exporia's Beer as Both Food and Agriculture Organization (FAO) and the World Health Organization (WHO) studies did not find any relationship between causality and the poisonous saliva of the Spider Mite and the localized paralysis. [2: General Agreement on Tariffs and Trade. Sanitary and phytosanitary measures. New York: The World Trade Organization, 2012.] [3: ibid]
Food-borne vs. pests' risks
Furthermore, Exporia understands the concern of human and animal safety as well as Phytosanitary. The argument by Imporia unfairly challenges Exporia's food safety system evaluation. Both the WTO and FAO have conducted pest risk analysis and this is consistent with the Sanitary and Phytosanitary measures (the SPS Agreement). The important aspect of the SPS Agreement is that measures for the protection of plant, animal as well as human life based on accepted international assessment of risk considering scientific guidelines and evidence.
Specificity Test in Risk Assessments
According to specificity test in risk assessment, the results of the tests conducted by Imporia on Exporia's corn beer were inconsistent. The tests results indicating that the saliva injected by Spider Mite in the hops used in flavoring was harmful to human health are flawed. The World Health Organization as well as the Food Agricultural Organization had conducted similar tests and the results were inconclusive with regard to the causality between the poisonous saliva of the Spider Mite and the localized paralysis. It is therefore inappropriate for Imporia to impose the ban since their assessment is one sided and an outright show of biasness.
Exporia asserts that there exists a legitimate SPS objective of providing a chance for the potentially affected Member to show scientific evidence. Exporia therefore, submits that Imporia submits new evidence outlining detailed measures aligned to internationally accepted standards.
Exporia allude that Imporia's action is malicious and imposition of the ban is misleading. Imporia's risk assessment is inconsistent and falls short of meeting the requirements of Article 5.2 of the SPS Agreement. In addition, Imporia did not ensure that their SPS measures were based on risk assessments making their allegations to lack specificity in risk assessment of the allegedly contaminated corn beer. This makes the specificity of Imporia's allegations vague, as they have not outlined their inspection methods and the availability...
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