Consideraţii asupra principalelor obligaţii stabilite prin acordul privind aplicarea măsurilor sanitare şi fitosanitare
Considerations on the main obligations established by the agreement on enforcement sanitary and phytosanitary measures

Summary/Abstract: This study will analyze the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures, as well as the main obligations deriving from it. At international level, the issue of food safety and, above all, the concern that food consumed is hygienically compliant are of great importance. We will present both the theoretical issues arising in connection with the obligations set out in the Agreement and some cases solved by the World Trade Organization's competent bodies in settling disputes between the signatory States of the Agreement. The Agreement on the Application of Sanitary and Phytosanitary Measures (MSF) entered into force with the establishment of the WTO and contains the basic rules governing the use of regulations whose main objective is to ensure food security and to prevent the entry into a country of diseases of origin animal or plant life. The rules contained in the SPS Agreement mainly refer to encouraging members to use standards and guidelines or international recommendations developed by the Codex Alimentarius Commission, the International Office of Epizootics (OIE) and the International Plant Protection Convention. The right of members to apply their own standards is expressly regulated, under certain conditions to be shown in the study. As we shall see in accordance with the provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures, the measures will be established only on the basis of a proper assessment of risks to human or animal life or health or to plant health, taking into account scientific evidence and analysis available in the matter. Members of the World Trade Organization have the possibility to adopt all the measures they deem necessary, the only restriction being that of the compatibility of national measures with the provisions of the Agreement.

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