I thought I would take a look at the SPS agreement recently entered into by New Zealand & the EU. Specifically to understand why entering into such an agreement would be an INTOLERABLE INFRINGEMENT of the UK sovereignty which was the reason the UK refused a similar SPS deal? 🧵
I also wanted to check whether it would be a pragmatic step for improving trade between the UK & EU in relation to all the issues on fish, oysters (bivalve molluscs), rotting pigs, seeds, we have heard about in recent days. Here it is:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:21997A0226(02)
The agreement (SPSA) aims "to facilitate trade in live animals & animal products between the EU & NZ by establishing a mechanism for the recognition of EQUIVALENCE of sanitary measures maintained by the2 Parties consistent with the protection of public & animal health". Shocking?
It is limited "INITIALLY" (so step by step SPSA ARE possible- no need to sign up for ALL products) to the sanitary measures applied to the live animals and animal products listed in Annex I & to address veterinary issues applicable to trade in live animals and animal products.
What products does Annex 1 cover? Bingo!
The recognition of equivalence requires examination of legislation, control systems, inspection and/or hygiene requirements. If equivalence is NOT recognized, trade may take place under the conditions required by the importing Party to meet its appropriate level of protection.
HOLD ON! So if an EU requirement on our sanitary standard was deemed an unacceptable imposition on our sovereign country (e.g. molluscs required to be able to sing the Marseillaise), THE WORSE THAT CAN HAPPEN IS THAT THE WTO REGIME APPLIES (as now) BUT ONLY TO THAT PRODUCT.
Then we find our old friend (see art. 15...), the Safeguard Clause: "either Party may, on serious public or animal health grounds, take provisional measures necessary for the protection of public or animal health" & a joint management committee is set up.
Finally each party can terminate the SPSA on 6 months notice after which it expires automatically. CAN ANYONE PLEASE EXPLAIN TO ME HOW ENTERING INTO SUCH AN AGREEMENT INFRINGES upon THE UK SOVEREIGNTY????????
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