On the point of discrimination and SPS checks on EU-origin products, the premise is usually wrong. Non-discrimination (in the MFN sense) is not relevant. The governing principle, as for all risk-based public policy measures (usually under exceptions, which is technically what the SPS Agreement is anyway), is that of necessity: see Art 8/Annex C on checks (https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm#top). It may be that it is unnecessary to impose checks on non-EU imports. And it may be that not imposing checks on EU imports shows that this is unnecessary (if for instance the risks are the same). But necessity is the way to think about it, not MFN discrimiantion per se.
How would you square the quote from Biden about Buy American with US participation in the WTO Government Procurement Agreement? For contracts outside the GPA he can presumably do what he likes - but surely the GPA means the US can’t reject bids from non-US firms from other GPA-participating countries purely because those firms aren’t American?
On the point of discrimination and SPS checks on EU-origin products, the premise is usually wrong. Non-discrimination (in the MFN sense) is not relevant. The governing principle, as for all risk-based public policy measures (usually under exceptions, which is technically what the SPS Agreement is anyway), is that of necessity: see Art 8/Annex C on checks (https://www.wto.org/english/tratop_e/sps_e/spsagr_e.htm#top). It may be that it is unnecessary to impose checks on non-EU imports. And it may be that not imposing checks on EU imports shows that this is unnecessary (if for instance the risks are the same). But necessity is the way to think about it, not MFN discrimiantion per se.
How would you square the quote from Biden about Buy American with US participation in the WTO Government Procurement Agreement? For contracts outside the GPA he can presumably do what he likes - but surely the GPA means the US can’t reject bids from non-US firms from other GPA-participating countries purely because those firms aren’t American?