Can individual countries put in place pre-marketing approval procedures for agricultural products?
Yes. The US, Canada and Argentina are not challenging the right of a Member to maintain pre-marketing approval procedures for agricultural products (indeed, all three Complainants have them). Nor are the complainants challenging the ECs underlying regulations. Rather, the claims are based on the ECs failure to implement those regulations and procedures in a WTO consistent manner, which has resulted in a violation of its WTO commitments.
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