The products subject to the AoA are listed in Annex 1 of the AoA. Article 1 (i) Annex 1 to the AoA shall apply to all products listed in Chapters 1 to 24 of the nomenclature system, with the exception of fish and fish products. Most animals and animal products fall under Section I of the Harmonised System. Chapter 1 includes all `live animals`, Chapter 2 `Meat and edible offal`, Chapter 3 `Fish and crustaceans, molluscs and other aquatic invertebrates`, Chapter 4 `Dairy products, bird eggs, natural honey, edible products of animal origin` and Chapter 5 `Products of animal origin not elsewhere specified or included`. 97 The AoA therefore applies to all those categories of products.98 In the context of Article 2(1) of the OEE, it is examined whether the technical requirements can meet the treatment of animals during the production process. The essential debate in determining whether the OEE is violated is different from the question I have studied previously, namely whether MPCs are considered technical rules (i.e. whether the OEE is applicable). As regards Article 2(1) of the OEE, the language of the contract is ambiguous. Although Annex 1 of the TBT refers to «production processes and methods», it is not certain whether the term refers to NSPCAs or only TO MPCs.21 Some scientists claim that Annexes 1.1 and 1.2 of the OBT exclude npr MPCs because they refer to «product characteristics or associated manufacturing and production methods». They argue that the term refers to characteristics and methods relating to the product as such.22 Others refer to Annex 1.2 of the OEE, which concerns technical regulations, standards and conformity assessment procedures «relating to products or production processes and methods». This sentence, they argue, suggests that NPR PPMS can be used to determine similarities.23 (70) Sykes, Sealing Animal Welfare into the GATT Exceptions 494 (2014). Sharpless also considers the OIE to be a representative of «the WTO-sanctioned animal protection body» (Sharpless 5 (2008)).
Like the GSP Act, states could set animal welfare standards that most countries must comply with if they want to benefit from a GSP system. Given that the majority of countries will produce 60% of all animal products by 2020, these measures could have a huge impact on how most animals are treated.119 While combining special care with bred animal welfare services is a promising strategy, a key caveant is that the needs of the majority of the world`s countries are not the only basis: in which they receive special treatment. The needs sought must be linked to development, finance or trade and be based on objective and internationally shared motivations.120 Since high-intensity livestock production endangers human and animal health, the environment and food security worldwide, these effects (as well as measures to address them) are objectively condemned critically and internationally. . . .