Commission decision on transgenic corn against the United States | Document

The Laboratory for Analysis in Trade, Economics and Business (LACEN) presented the panel’s decision and US recommendations for Mexico regarding transgenic cornor also known as biotech corn.

On December 20 it turned out that Mexico lost its dispute with the US about trade transgenic corn based on the contract North American commercial T-MEK.

The United States established the commission on August 17, 2023, under Chapter 31 of the T-MEC.

For its part, the commission concluded that Mexico had banned trade in transgenic corn. without presenting a scientific principle regarding human consumption and animal feeding.

Although the Mexican government stated that does not share the determination of the commission, since it considers that the impugned measures are consistent with the principles of protection of public health and the rights of indigenous peoples established in national legislation and international treaties to which it is a party.

Corn harvest and the food system

LACEN disseminated in a document the recommendations that the United States made in its ruling:

Expert Group Recommendations

The Panel’s decision confirms that, based on Article 9.2, the measures taken by Mexico are inconsistent with the following:

j. Article 9.6.3, since the measures are not based on relevant international standards, guidelines or recommendations or on assessment, as appropriate, risk to the life and health of people, animals or plants;

b. paragraph 6.8 of article 9, since Mexico has not conducted a risk assessment taking into account relevant international standards, guidelines and recommendations of international organizations;

V. Article 9.6.7, since Mexico has not carried out a risk assessment and risk management of the Measures in a manner that is documented and proportionate to others;

d. Article 9.6.6(a), since the measures They are used not only to the extent necessary to protect the life or health of people, animals or plants;

And. Article 9.6.6(b), since the Measures are not based on relevant scientific principles;

F. Article 9.6.10, since Mexico has not elected sanitary and phytosanitary measures. no more trade restrictions than that required to achieve the level of protection it considers appropriate; And

d. Article 2.11, because Mexico has adopted or maintains a ban or restriction when importing goods from another Party.

Mexico’s obligations

With regard to the defense of Mexico, the Panel finds that:

j. The measures are not subject to the exceptions provided in Articles XX(a) and (g) of the GATT 1994 and, therefore, are not justified under Article 32.1.1 of the USMCA; And

b. These measures are not justified by Article 32.5 T-MEC. Consequently, the Panel recommends that Mexico align its measures with its USMCA obligations under USMCA Chapters 2 and 9. The Panel recognizes that Mexico will act in good faith.

Below is the full LACEN document:

Panel failure due to broken corn… by Aristegui Noticias

Source: Aristegui Noticias

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