ec_biotech_05may05-b5d04eb6c15eba31.pdf

The document examines the interpretation of risk assessments (RA) and the precautionary principle under the WTO's SPS Agreement in the context of the EC – Biotech case. It argues that the Cartagena Protocol on Biosafety could serve as a critical source of factual information and a guide for interpreting the SPS Agreement, particularly regarding the triggering conditions for provisional measures under Article 5.7.

• WTO jurisprudence, specifically the EC – Hormones case, has established a broad scope for risk assessments (RA), affirming that the 'scientific process' of an RA does not exclude matters that cannot be quantitatively analyzed and should evaluate 'risk in human societies as they actually exist'.
• Under the SPS Agreement, a measure is not required to be based exclusively on a single scientific conclusion; the Appellate Body has noted that countries may base measures on 'minority scientific opinions' while maintaining a reasonable relationship between the measure and the RA.
• Article 5.7 of the SPS Agreement allows for provisional measures when 'relevant scientific information is insufficient', but this is a qualified exemption requiring four cumulative conditions: the measure must be based on available pertinent information, and the Member must attempt to obtain additional information and review the measure within a reasonable time.
• There is a legal distinction between the 'lack of full scientific certainty' that triggers the precautionary principle in the 1992 Rio Declaration and the 'insufficiency of scientific evidence' required by Article 5.7 of the SPS Agreement, as interpreted in Japan – Apples.
• The Cartagena Protocol on Biosafety may influence the EC – Biotech case by providing factual evidence of the risks associated with biotechnology and by offering a specific articulation of the precautionary principle for biotech products, which states that a 'lack of scientific certainty does not impede a party from making an appropriate decision' regarding GMO imports.

APA

Oliva, M. J. (n.d.). ec_biotech_05may05-b5d04eb6c15eba31.pdf. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/EC_Biotech_05May05.pdf

Chicago

Oliva, Maria Julia. ec_biotech_05may05-b5d04eb6c15eba31.pdf. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2015/03/EC_Biotech_05May05.pdf.

Wikipedia

{{cite report |last1=Oliva |first1=Maria Julia |title=ec_biotech_05may05-b5d04eb6c15eba31.pdf |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2015/03/EC_Biotech_05May05.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{olivandecbiotech05may05b5d04eb6c15eba31pdf, author = {Oliva, Maria Julia}, title = {{ec\_biotech\_05may05-b5d04eb6c15eba31.pdf}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2015/03/EC_Biotech_05May05.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }