PEELING THE ORANGE: A CRITICAL ASSESSMENT OF THE LEGALITY OF THE EUROPEAN UNION SANITARY AND PHYTOSANITARY MEASURES REGIME AGAINST CITRUS PRODUCE FROM SOUTH AFRICA

Abstract

This article examines the legality of the European Union’s sanitary and phytosanitary (SPS) regime implemented against citrus produce from South Africa. In essence, South Africa contends that the European Union’s SPS measures lack a technical and scientific basis in violation of the Agreement on the Application of Sanitary and Phytosanitary Measures. It is clear from the Pest Risk Assessments discussed in this article, in accordance with the requirements of the relevant articles of the Agreement on the Application of Sanitary and Phytosanitary Measures, that the likelihood of Citrus Black Spot establishing itself and spreading in the European Union is miniscule. This article concludes that the European Union SPS regime is neither based on sufficient scientific evidence nor scientific certainty; rather, it is based on speculation and conjecture, both of which are never grounds for establishing an appropriate level of protection.