Developing veterinary legislation in a WTO context
Developing veterinary legislation in a WTO context
OIE Global Conference on Veterinary Legislation
7-9 December 2010 (Djerba, Tunisia)
Melvin Spreij
Counsellor
Agriculture and Commodities Division
2
Location: Geneva, Switzerland
Established: 1 January 1995
Membership:
153 countries
Budget: 185m Swiss francs, 2008
Secretariat staff: ~650
Head: Pascal Lamy (Director-general)
3
WTO Members 2010(153)
WTO Members 2010(153)
4
• Negotiate trade rules
• Implement trade agreements
• Resolve trade disputes
• Review national trade policies
Functions
5
The basic principlesThe basic principles
• No discrimination– Most favoured nation principle (MFN)
– National treatment principle
• Predictability– Respect of tariff “bindings” (goods and services)
– Transparency (notification, TPR)
• Freer trade (suppression of barriers through negotiations)
– Tariff reductions
– Prohibition of using quantitative restrictions (quotas)
6
Relevant WTO AgreementsRelevant WTO Agreements
• General Agreement on Tariffs and Trade (GATT) – basic principles
• Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)
Member states must respect obligations under WTO agreements when developing veterinary legislation
7
recognizing right to protecthuman, animal,plant life or health
avoiding unnecessary barriers to trade
Objective of the SPS Agreement?
8
SPS MeasuresDefinition - Annex ASPS MeasuresDefinition - Annex A
Human or risks arising from additives,animal health contaminants, toxins or disease
organisms in food, drink, feedstuff
A measure taken to protect:
Human life plant- or animal-carried diseases
Animal or pests, diseases, disease-causingplant life organisms
Territory of other damage caused by entry, Member establishment or spread of pests
from
from
from
from
9
Human or risks arising from additives,animal health contaminants, toxins or disease
organisms in food, drink, feedstuff
from
SPS Measures - ExamplesDefinition - Annex ASPS Measures - ExamplesDefinition - Annex A
A measure taken to protect:
limits on residues in fish &shellfish
limits on aflatoxin residuesin nuts
HACCP to limit risks from salmonella
10
SPS Measures - ExamplesDefinition - Annex A
Human life plant- or animal-carried diseasesfrom
A measure taken to protect:
requirement that susceptible animals be vaccinated against rabies
BSE-related restrictions
11
SPS Measures - ExamplesDefinition - Annex A
A measure taken to protect:
Animal or pests, diseases, disease-causingplant life organisms
from
measure toprevent introductionof FMD
measure toprevent introductionof fruit flies
12
Territory of other damage caused by entry, Member establishment or spread of pests
from
SPS Measures - ExamplesDefinition - Annex A
A measure taken to protect:
measure toprevent introductionof zebra musselsthrough ballast water of ships
seed regulationto avoidintroductionof exotic weeds
13
SPS measures include all relevant laws, decrees, regulations, requirements and procedures, including inter alia: product criteriaquarantine treatmentsproduction and processing requirementscertification and approval proceduresinspectiontesting
14
Key provisions of the SPS Agreement
Key provisions of the SPS Agreement
1. Non-discrimination
2. Scientific justification • harmonization• risk assessment• consistency• least trade-restrictiveness
3. Equivalence
4. Regionalization
5. Control, inspection and approval procedures
6. Transparency
15
Members shall ensure
that any SPS
measure is:
Scientific Justification Article 2.2
applied only to the extent necessary to protect human, animal or plant life or health
based on scientific principles
not maintained without sufficient scientific evidence
except as provided for in Article 5.7
16
Scientific JustificationArticles 3 & 5Scientific JustificationArticles 3 & 5
OR
International standards
Risk assessment
Measures must be based on
17
Standard-setting organizations
food safetyCODEX
plant healthIPPC
animal healthOIE
Codex = Joint FAO/WHO Codex Alimentarius CommissionOIE = World Organization for Animal HealthIPPC = International Plant Protection Convention (FAO)
HarmonizationArticle 3, Annex AHarmonizationArticle 3, Annex A
18
Members shall ensure that their SPS measures are based on:
– an assessment, as appropriate, of the risks to human, animal or plant life or health,
– taking into account risk assessment techniques developed by the relevant international organizations
Definitions in Annex A:• Food/beverage/feed borne risk• Disease or pest risk
Risk assessmentRisk assessment
19
Members may provisionally adopt SPS measureswhen relevant scientific information is insufficienton the basis of available information
In such circumstances, Members shallseeks to obtain additional information to assess riskreview the measure within a reasonable period of
time
Risk assessment - exception Provisional measures, Article 5.7Risk assessment - exception Provisional measures, Article 5.7
20
ConsistencyArticle 5.5ConsistencyArticle 5.5
Members shall
avoid arbitrary distinctions
in appropriate level of SPS protection (ALOP) considered in different situations
if distinctions result in discrimination or disguised restrictions on trade
21
• SPS measures not to be more traderestrictive than required to achieve the appropriate level of protection
• Alternative measure...– reasonably available– technically and economically feasible– significantly less trade restrictive
Least trade-restrictive – Article 5.6Least trade-restrictive – Article 5.6
22
EquivalenceArticle 4EquivalenceArticle 4
Members shall
accept SPS measures of other Members as
equivalent
If the exporting Member objectively demonstrates that its measures achieve the ALOP of the importing country
SPS Committee SPS Committee Guidelines Guidelines (G/SPS/19/Rev.2(G/SPS/19/Rev.2))
23
Regionalization Article 6Regionalization Article 6• Adapt SPS measures to characteristics of area (all or part
of a country, all or parts of several countries) taking into account
• prevalence of diseases or pests• existence of eradication or control programmes• criteria/guidelines developed by OIE, IPPC
• Recognize concept of pest- or disease-free areas• Exporters=>proof
SPS Committee guidelines (G/SPS/48) SPS Committee guidelines (G/SPS/48)
24
Control, Inspection and Approval Procedures - Article 8 and Annex C
• No undue delays
• Information requirements: limited to what is necessary
• No less favourable treatment for imports:
– Fees – no discrimination, only to cover costs
• Procedure to review complaints
25
TransparencyArticle 7 & Annex BTransparencyArticle 7 & Annex B
Members shall establish an Enquiry PointAND
designate a Notification Authority
notify other Members of new or changed SPS regulations when
no international standard exists
ORthe new regulation is
different than the international standard
regulation may have significant effect on
trade
AND
26
When to notify?
Provisional measures IMMEDIATELY!!
Regular measures
Allow 60 day comment period!!Allow 60 day comment period!!
When modifications are still possible(draft text)
27
The SPS Committee The SPS Committee
• Implementation of SPS Agreement
• Reviews compliance• Potential trade impacts• Co-operation with
technical organizations
Codex, OIE and IPPC have observer status
3 regular meetings per year – Geneva
28
Conclusions:
• Veterinary legislation should facilitate implementation of provisions of the SPS Agreement and application of relevant guidelines developed by the Committee
• New or changed legislation should be notified to the WTO Secretariat in a draft stage
• Countries are encouraged to participate actively in the work of the ISSBs and SPS Committee
29
Where to find SPS information?Where to find SPS information?
• SPS gateway: http://www.wto.org/sps
• SPS Information Management System (SPS-IMS):http://spsims.wto.org/
• http://www.wto.org/ “Docs-on-line”
Top Related