Overview of the SPS Agreement

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Overview of the SPS Agreement Powered By Docstoc
					    Geneva Dialogue on China’s
    Sustainable Trade Strategy

Panel two: Standards, market and public policy
                  objective

              Mr Marinus Huige
        Chairman, WTO SPS Committee
     WTO Agreement on the Application of
     Sanitary and Phytosanitary Measures
               (SPS Agreement)



The right to                   Avoiding
protect                        unnecessary
human, animal                  barriers to trade
or plant life
or health




                                             2
SPS measures to be taken only when
necessary to protect:


Human or             risks arising from additives,
              from
animal health        contaminants, toxins or disease
                     organisms in food, drink, feedstuff
Human life   from    plant- or animal-carried diseases

Animal or            pests, diseases, disease-causing
             from
plant life           organisms

A country    from    other damage caused by entry,
                     establishment or spread of pests
                                                           3
If necessary to impose an SPS measure:
Where to start (1)?

Is there a relevant international standard
(Codex, IPPC or OIE)?
 Yes

Does the measure “conform to” the int’l standard?
If yes, then the measure is OK
(“safe harbour”)




                                                    4
   Where to start (2)?

 Is there a relevant international standard?
 Yes

 Does the measure “conform to”
 the int’l standard? (Or if there is no int’l standard)
  NO


Is their sufficient scientific evidence // an
       appropriate risk assessment to
           maintain the measure?

                                                          5
Article 3.3
Members may   introduce or maintain SPS measures which result in a
  higher level of sanitary or phytosanitary protection than would be
  achieved by measures based on the relevant international
  standards, guidelines or recommendations, if there is a scientific
  justification, or as a consequence of the ALOP in
  accordance with the relevant provisions of paragraphs 5.1 –
  5.8 Notwithstanding the above, all measures which result in a level of
  sanitary or phytosanitary protection different from that which would be
  achieved by measures based on international standards, guidelines or
  recommendations shall not be inconsistent with any other
  provision of this Agreement.
  * For the purposes of paragraph 3 of Article 3, there is a scientific
  justification if, on the basis of an examination and evaluation of available
  scientific information in conformity with the relevant provisions of this
  Agreement, a Member determines that the relevant international standards,
  guidelines or recommendations are not sufficient to achieve its appropriate
  level of sanitary or phytosanitary protection.


                                                                             6
International standards and scientific
justication concerns at the WTO




                                         7
Specific Trade Concerns by Area
(1995-2007)




          -G/SPS/GEN/204/Rev.8 (Adds. 1-3)

                                             8
  Some specific trade concerns raised in the
  SPS Committee regarding measures by China
                           Members         Members       Members
                           raising the     supporting    maintaining
Title                      concern         the concern   the measure   date      Status

Zero tolerance for
    pathogens on raw
    meat and poultry
    products               United States                 China            2007   pending

Application of
   regionalization
   and prohibition of
   bovine meat             Brazil                        China            2007   pending




Avian influenza
    restrictions           United States                 China            2007   pending




Varietal restrictions on
    US apples              United States                 China            2007   pending

                                                                                           9
                                                                  Members
                           Members raising   Members supporting   maintaining
Title                      the concern       the concern          the measure   date      Status




Regulation on wood         European
    packaging material         Communities                        China            2002   pending


Quarantine measures for
   the entry and exit of   European
   aquatic products            Communities   United States        China            2003   Resolved


Lack of transparency for
    certain SPS
    measures               United States                          China            2004   pending


Measures on US poultry     United States     Canada               China            2004   Resolved


Import restrictions on
   products of animal      European
   origin due to dioxin        Communities                        China            2007   Resolved
                                                                                                   10
Some specific trade concerns raised by China in the
SPS Committee
                                          Members       Members       Members
                                          raising the   supporting    maintaining the
Title                                     concern       the concern   measure           date     Status



Import restrictions on wooden Christmas
   trees                                  China                       United States       2006   pending

Import restrictions on cooked poultry                                 European
   products from China                    China                           Communities     2007   pending


Import restrictions on cooked poultry
   products from China                    China                       United States       2007   pending



Restrictions on Apples                    China                       United States       2008   pending




                                                                                                     11
                           Members         Members
                           raising the     supporting the    Members maintaining
Title                      concern         concern           the measure            date     Status


Directives on residual
    pesticide tolerance
    and inspection
    methods for tea        China           India             European Communities     2005   pending

Positive list system for
    pesticides,
    veterinary drugs
    and feed additives     China, United   Australia,
    MRLs                       States          Philippines   Japan                    2005   pending
Restrictions on Ya                         European
    pears imports          China               Communities   United States            2005   pending


Safety insurance and
    quality
    improvement
    standards for feed
    and feed additives     China                             Japan                    2005   pending

Import suspension of
   heat-processed
   straw and forage
   for feed                China                             Japan                    2005   Resolved
                                                                                                        12
Some specific trade concerns raised in the
SPS Committee regarding measures by India
                                                  Members
                  Members          Members        maintainin
                  raising the    supporting the     g the
    Title          concern          concern        measure     date   Status
   Biotech
labelling and
   import
  approval
   process                         Argentina,
 regulations     United States   Brazil, Canada     India      2006   pending
    Export
 certification
requirements
   for dairy
   products      United States                      India      2007   pending



                                                                           13
Some specific trade concerns raised in the
SPS Committee regarding measures by India
                   Members           Members         Members
                   raising the     supporting the   maintaining
    Title           concern           concern       the measure   date    Status
                                   Canada, Chile,
Phytosanitary     United States,   New Zealand,
   import          European          European                            Partially
 restrictions     Communities      Communities         India      2004   resolved


     Non-                          Australia, New
notification of                      Zealand,
 various SPS                         European
  measures        United States    Communities         India      2004   pending
 Ban on food
  grade wax       United States                        India      2004   pending




                                                                               14
Some specific trade concerns raised in the
SPS Committee regarding measures by the US

                         Members       Members          Members
                         raising the   supporting the   maintaining the
Title                    concern       concern          measure           date      Status


Regulatory process
economic analysis
requirement              Brazil                         United States        2008   pending




Import Restrictions on   European
EC Dairy Products        Communities   New Zealand      United States        2008   pending




Restrictions on Apples   China                          United States        2008   pending


                                                                                              15
Some specific trade concerns raised in the
SPS Committee regarding measures by the US
                  Members
                     raising   Members           Members
                     the          supporting        maintaining
Title                concern      the concern       the measure   date          Status

Restrictions on
    Ya pears                   European
    imports       China            Communities   United States           2005   pending
Import
   procedures
   for fruits     European
   and                Commun
   vegetables         ities    Argentina         United States           2005   pending
Import
   restrictions
   on wooden
   Christmas
   trees          China                          United States           2006   pending
Import
   restrictions
   on cooked
   poultry
   products
   from China     China                          United States           2007   pending
                                                                                          16
Some specific trade concerns raised in the
SPS Committee regarding measures by the EC
                      Members          Members               Members
                         raising the      supporting            maintaining
Title                    concern          the concern           the measure    date          Status
                                       Argentina, Bolivia,
Application and                            Brazil, Chile,
   modification                            Costa Rica,
   of the EC                               Benin, El
   Regulation         Colombia,            Salvador,
   on novel               Ecuador,         Honduras, and     European
   foods                  Peru             others                Communities          2006   pending
Restrictions on
    US poultry                                               European
    exports           United States                              Communities          2006   pending
Import restrictions
   on cooked
   poultry
   products                                                  European
   from China         China                                      Communities          2007   pending
Maximum
   Residue
   Levels for
   Ethephon in                                               European
   pineapple          Ecuador          Costa Rica                Communities          2008   pending
                                                                                                       17
        Some specific trade concerns raised in the
        SPS Committee regarding measures by the EC

                                        Members               Members
                      Members raising      supporting            maintaining
Title                    the concern       the concern           the measure    date          Status

                                        Argentina, Bolivia,
                                            Brazil, Chile,
                                            Costa Rica,
Application and                             Benin, El
   modification                             Salvador,
   of the EC          Colombia,             Honduras,
   Regulation on          Ecuador,          India and         European
   novel foods            Peru              others                Communities          2006   pending

Restrictions on US
    poultry                                                   European
    exports           United States                               Communities          2006   pending
Import restrictions
   on cooked
   poultry
   products from                                              European
   China              China                                       Communities          2007   pending
                                                                                                        18
Some specific trade concerns raised in the
SPS Committee regarding measures by the EC

                  Members          Members              Members
                     raising the      supporting           maintaining
Title                concern          the concern          the measure    date          Status
Geographical
   BSE risk       Canada, Chile,                        European
   assessment        India         United States            Communities          2001   Resolved
Transitional
    TSE                                                 European
    measures      Canada           United States            Communities          2001   Resolved

                                   Argentina,
                                       Bolivia,
Application and                        Brazil, Chile,
   modificatio                         Costa Rica,
   n of the EC                         Benin, El
   Regulation     Colombia,            Salvador,
   on novel           Ecuador,         Honduras,        European
   foods              Peru             and others           Communities          2006   pending

Restrictions on
    US poultry                                          European
    exports       United States                             Communities          2006   pending
                                                                                                   19
Last but not least: The need for Transparency


              New or modified regulation
                            +
         No existing international standard or
       Different than the international standard
                            +
              Significant impact on trade
              (restricting or facilitating)




                       NOTIFY
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