measure given there in harmony with the provisions of the SPS or not?The right to enact measuresAccording to article 2. 1, SPS Member Nations have the right to enact measures SPS aims to protect life, human health, fauna as long as it fits with the SPS. In the first step, we have yet to demonstrate the suitability of measures with the SPS that can only be determined that with the target as on the Richland Richland, then have the right to enact the measure. If in the following, we prove to be inconsistent with the SPS, the Richland will not have the right to apply this measure. The required properties of the measuresUntil now, I still don't have a project Charter would give the needed properties of the concepts of the measures under article 2. 2 SPS. However, in terms of sentences of article 2. 2 the remedies of Richland given really are necessary because it aims to protect human health from the dangers of pesticides and chemical fertilizers when planting and accumulate in fruit. But besides the purpose necessarily Richland has given be clear scientific basis to prove that the application of this measure is necessary to prevent the harmful effects of chemicals in the fruit to the human health. So, don't have enough bases to determine suitable measures according to article 2. 2 SPS on the computer needed.Measures to ensure science-basedFirst, according to court rules Japan-Agriculture Products II "must exist a reasonable relationship between the measure and the scientific evidence". Richland do not have a scientific base to strengthen enforcement measures. Meanwhile, Newland again proved its fruit products containing chemical residues below the maximum level allowed (Codex MRLs). At the same time, Newland was also pointed out that there is no scientific evidence for that excess salary fertilizers and pesticides under the Codex MRLs have adverse health effects (long term impacts was also not proven). Second, the Richland also cannot be invoked article 5. 7 to justify its measures in case of lack of scientific basis. Still based on the information available, the expertise and recommendations of experts; and Richland has not secured scientific basis for this measure.
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