wto bhu1 sps

7/27/2019 wto Bhu1 Sps

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TradeInstitute for International Trade

The University of Adelaide,

Australia

National Awareness Workshop

on WTO Accession of Bhutan

Overview of the WTO Agreement on SanitaryOverview of the WTO Agreement on Sanitary& Phytosanitary Measures& Phytosanitary Measures

(SPS)(SPS)

Andrew L. Stoler


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Australia



WTO SPS AgreementWTO SPS Agreement

Recognizes:

-- right of Governments to adopt measuresnecessary to protect human, animal or plant

health.

Ensures that:

-- such measures are necessary through need to

base restrictions on scientific justification


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Definition of an SPS MeasureDefinition of an SPS Measure

Measure to Protect: Human or animal life

Animal or plant life

A country

From: Risks arising from additives,

contaminants, toxins or disease-causing organisms;

Plant- or animal-carried diseases(zoonoses);

Pests, diseases, or disease-causing organisms

Damage caused by entry,establishment or spread of pests


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Examples of SPS MeasuresExamples of SPS Measures

Import ban on live cattle from herds infected by BSE /Justification: the prevent the introduction and spread of the

disease to domestic herds;

Restrictions on imports of citrus fruit grown with certain types ofpesticides proven toxic for human consumption /

Justification: the protection of human health;

Quarantine Measures on food, plant & animal imports are SPS

Measures


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Key SPS PrinciplesKey SPS Principles

1. Harmonizationencouraged through common

international standards of protection2. Equivalenceof differing measures

3. Adaptation to regional conditions

4. Transparency

5. Measures must be based onscientific justification


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Scientific JustificationScientific Justification Scientific justification for SPS measures should take into account

recognized risk assessment techniques, ideally developed byinternational organizations

In risk assessment, consider PPMs, relevant inspection, testingand sampling methods, prevalence of specific diseases or pests,relevant ecological conditions

In deciding appropriate level of protection, consideration to begiven to costs of response, potential economic damage, relativecost effectiveness of approaches.


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The Precautionary PrincipleThe Precautionary Principle

(Article 5, Paragraph 7)(Article 5, Paragraph 7)When faced with a particular potential threat and where

relevant scientific evidence is insufficient, provisional

SPS measures may be adopted on the basis ofavailable pertinent informationBUT

In such circumstances, Governments are obliged toseek additional scientific information necessary forproper risk assessment within a reasonable period of

time.


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Harmonization / International StandardsHarmonization / International Standards

Use of international standards encouraged, as well asparticipation in appropriate bodies for development of common

international standards

Typical International Bodies for SPS

FAO/WHO Codex Alimentarius Commission Office International des Epizooties

FAO Secretariat International Plant Protection Convention


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EquivalenceEquivalence

WTO Members are obligated to:Accept SPS measures of other Members as equivalent to their

own, even if different, if exporting country objectivelydemonstrates to importing country that its measures achieveimporting countrys appropriate level of SPS protection.

Enter into consultations upon request with the aim of achievingbilateral and multilateral agreements on recognition of theequivalence of specific SPS measures.


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Adaptation to Regional ConditionsAdaptation to Regional Conditions

SPS Agreement recognizes that conditions warranting SPSmeasures may not prevail in all areas of the country (exporting or

importing) and mandates regional adaptation

Mandated recognitionof:

Pest and disease-free areasAreas of low pest or disease prevalence

Subject to proof and possible inspection


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SPS TransparencySPS Transparency

Publication Requirements

Notification RequirementsEnquiry Points


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Publication ObligationsPublication Obligations

All sanitary and phytosanitary regulations (including laws,decrees or ordinances) adopted must be published promptly in

such a way as to enable interested parties to become acquaintedwith the regulations.

Except in urgent circumstances, exporters are to be given areasonable period of timebetween SPS regulation publicationand entry into force in order to adapt products and methods ofproduction to changed requirements.


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Notification RequirementsNotification Requirements

When an international standard does not exist, or where aproposed SPS measure is substantially different from the

international measure, the adopting country must: Publish a notice

Notify relevant details through WTO

Provide copies of measure on request

Allow time to make comments on content of proposed measure

Procedures are simplified in cases of demonstrated emergency


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NOTIFICATION

1. Member to Agreement notifying: AUSTRALIA

If applicable, name of local government involved:

2. Agency responsible: Food Standards Australia New Zealand (FSANZ)3. Products covered (provide tariff item number(s) as specified in

national schedules deposited with the WTO; ICS numbers should be

provided in addition, where applicable): Foods in general

4. Regions or countries likely to be affected, to the extent relevant orpracticable: All countries. Imported (as well as domestically produced)

foods sold in Australia.

5. Title, language and number of pages of the notified document:

Assessment Report for Application A591 Maximum Residue Limits(available in English, 38 pages)

6. Description of content: This application seeks to amend theAustralia

New Zealand Food Standards Code (the Code) to align maximum residue

limits (MRLs) for various agricultural and veterinary chemicals with othernational regulations relating to the safe and effective use of agricultural and

veterinary chemicals.

N i l A W k h


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7. Objective and rationale: [ X ] food safety, [ ] animal health, [ ]

plant protection,

[ ] protect humans from animal/plant pest or disease, [ ] protect

territory from other damage from pests8. International standard, guideline or recommendation:

[ X ] Codex Alimentarius Commission, [ ] World Organization for

Animal Health (OIE), [ ] International Plant Protection Convention,

[ ] NoneIf an international standard, guideline or recommendation exists, give

the appropriate reference and briefly identify deviations:

9. Relevant documents and language(s) in which these are available:

Australia New Zealand Food Standards Code (available in English)

10. Proposed date of adoption: Notification to Government anticipated

August 2007 with adoption (gazettal) to follow, pending Government

consideration.

11. Proposed date of entry into force: Date of Gazettal pending Government

consideration (see 10. above).

N ti l A W k h


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12. Final date for comments: 25 May 2007

Agency or authority designated to handle comments: [ X ] National

notification authority, [ ] National enquiry point, or address, fax number

and E-mail address (if available) of other body:

Food Standards Australia New ZealandPO Box 7186

Canberra BC ACT 2610

Australia

Fax: + 61 2 6271 2278

E-mail: [email protected]

13. Texts available from: [ X ] National notification authority, [ ] National

enquiry point, or address, fax number and E-mail address (if available) of

other body: Documents are available from the Food Standards Australia New

Zealand website: www.foodstandards.gov.au/standardsdevelopment

Copies are also available from:

The Australian SPS Notification Point

GPO Box 858

CANBERRA ACT 2601

AUSTRALIA

Fax: +61 2 6272 3678

Email: [email protected]

N ti l A W k h
mailto:[email protected]://www.foodstandards.gov.au/standardsdevelopmentmailto:[email protected]:[email protected]:[email protected]://www.foodstandards.gov.au/standardsdevelopment


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Enquiry PointsEnquiry PointsEach WTO Member must haveat least one enquiry point

charged with answering all reasonable questions re:Any proposed or adopted SPS measures

Any control and inspection procedures, production and

quarantine treatment, pesticide tolerance and food additiveapproval procedures

Risk assessment procedures followed

Membership and participation in international bodies andagreements bearing on SPS activities

Copies of requested documents should be supplied by theenquiry point at the same price charged to nationals

T dNational Awareness Workshop


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SPS Wrap UpSPS Wrap Up

Agreement facilitates international trade through use ofinternational standards, recognition of equivalency and

transparency

SPS measures must be scientifically justifiable

Key role of national Enquiry Points and ability to comment ondraft SPS measures and prepare in advance for changed SPSregulations

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Case Studies*Case Studies*

The SPS Agreement and Crisis Management: The Chile-EU Avian

Influenza Experience (Chapter 10)

Indonesias Shrimp Exports: Meeting the Challenge of Quality

Standards (Chapter 18)

Nepal: Exports of Ayurvedic Herbal Remedies and SPS Issues(Chapter 31)

* Managing the Challenges of WTO Participation: 45 Case Studies