What is an SPS measure?

Like many of us, much of my summer is devoted to reading EC - Biotech! Today's chunk made me think again about the concept of an SPS measure. As many will know, the panel decided that the EC's de facto moratorium is not an SPS measure. It is neither a requirement or a procedure within the meaning of Annex A.1. This is of course a judgment call. The line between a decision to delay approval (not SPS) and a provisional ban (SPS) is so fine as to threaten to disappear. More significantly though, in systemic terms, is the way in which the panel construes the relationship between Annex A.1 and the obligations laid down in the SPS Agreement. It sees the question of whether something is an SPS measure as a contextual rather than an abstract judgment with context being provided by the distinct obligations laid down. So, it reaches a provisional conclusion on the basis of its reading of Annex A.1 but then looks to the obligation in question to see whether this calls the provisional conclusion into question. So a single measure could end up being an SPS measure for the purpose of one obligation but not for the purpose of another. On the one occasion when this approach could have yielded interesing results (Annex C.1 which unlike Annex A.1, covers the operation of SPS procedures) the panel changes tack (although this is not always clear from the manner of presentation), positing the approval procedures as the measure, and the moratorium simply as a factor contributing to the undue delay. I'm left wondering whether the approach of the panel is a sensible one? Might it not be more sensible to see Annex A.1 as positing a general definition, while recognising that not all obligations will bite in the case of all SPS measures? Surely something is or is not an SPS measure regardless of under which specific obligation it is being attacked? It's a small point, but as so often reading the report I wonder whether many pages could not have been compressed into a small number but for the somewhat counter-intuitive interpretative approach adopted. If others are being as pedantic as I am, I'd be very happy to hear opinions on this.