8.1 The United States raises the following claims:
(a) Japan's measures on US apples are inconsistent with Article 2.2 of the SPS Agreement because they are "maintained without sufficient scientific evidence";
(b) Japan's measures on US apples are inconsistent with Article 5.1 of the SPS Agreement because they are not based on a risk assessment;
(c) by failing to take into account certain information in its assessment of risks, Japan has acted inconsistently with Article 5.2 of the SPS Agreement;