agreement on sanitary and phtyo-sanitary meseaures
TRANSCRIPT
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Workshop on WTOJuly 8th 2010
Uttar Pradesh Academy of Administration & ManagementLucknow
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Standards and Safety
Article 20 of the General Agreement on Tariffs and Trade (GATT)allows governments to act on trade in order to protect human,
animal or plant life or health, provided they do not discriminate or
use this as disguised protectionism.
In addition, there are two specific WTO agreements dealing with
food safety and animal and plant health and safety, and with
product standards in general.
Both try to identify how to meet the need to apply standards and
at the same time avoid protectionism in disguise.
These issues are becoming more important as tariff barriers fall some compare this to seabed rocks appearing when the tide goes
down.
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Food, Animal and Plant Products: How Safe is Safe?
A separate agreement on food safety and animal andplant health standards (the Sanitary and Phytosanitary
Measures Agreement or SPS) sets out the basic rules.
It allows countries to set their own standards. But it also
says regulations must be based on science. They should be applied only to the extent necessary to
protect human, animal or plant life or health.
They should not arbitrarily or unjustifiably discriminate
between countries where identical or similar conditionsprevail.
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Why SPS
Over US$ 600 billion agricultural products
Over US$ 400 billion food trade per year
About 500 million tons of food products
About 75% is exported to and imported fromindustrialized countries
More than 50% of fruits and vegetables, sugar,
non-alcoholic beverages, fish and fishery productsare imported from developing countries
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Expanded International Trade
Results In movement of products that may pose health
risks LIKE
BSE Disease since 1997 resulted in massive cattle
slaughter in the UK and severely affects Europeanexports of meat and cattle
Imports of live poultry and poultry products from
several Asian countries suspended due to severe
outbreaks of the highly contagious Avian
Influenza...
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Agreement On The Application of Sanitary &
Phytosanitary Measures (SPS)
Came into force in 1995
Negotiated in parallel with major
agricultural trade negotiations
Applies to all measures used to protect
human, animal and plant life and health
which may directly or indirectly affect
trade
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Definition of an SPS measure
Human or animal life or health
Risks arising from additives, contaminants, toxins ordisease causing organisms in their food & beverage
Human life or health
Diseases carried by Plant or animal
Animal or plant life or health
Pest diseases or disease-causing organisms
A country
Damage caused by the entry, establishment orspread of pest
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Spcifications of SPS
Animal includes wild fauna and fish
Plants include forest and wild flora
Parasites include weeds
Contaminants include pesticide residues,
veterinary drug residues and extraneous
matter
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Types of MeasuresEnd product criteria
Process & production methods
Testing, sampling and inspection
Certification & approval procedures
Risk assessment methods
Quarantine treatments related totransportation
Packaging & labeling requirements
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Other Types of Measures
Not Covered by SPS Agreement but
may be TBT Measures
Protectionof the
environment
Consumerinterests
other than
health
Animalwelfare
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Objectives of the SPS Agreement
1
To protect and improve the current human health,animal health and phytosanitary situation of allMember countries
2
To protect Members from arbitrary or unjustifiablediscrimination due to different sanitary andphytosanitary standards
3
To maintain the sovereign right of any Govt. toprovide an appropriate level of protection i.e. allowcountries to set their own standards for health andsafety
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Rights & Obligations Members have the right to apply sanitary & phytosanitary
measures (Article 2.1) So Countries have right to take SPSmeasures necessary for the protection of human, animalor plant life or health
Obligations Members shall ensure that any sanitary or phytosanitary
measure is applied only to the extent necessary for theprotection of human, animal & plant life or health (Article 2.2)To be applied only to the extent necessary
National Treatment Shall not arbitrarily or unjustifiably discriminate between
countries or act as disguised restriction on internationaltrade
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Key Features
ScientificJustification
Article 5
Harmonization
Article 3
EquivalenceArticle 4
Disease-freeareas Article 6
Technical
assistanceArticle 9
Transparency
Article 7
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Key Features.
SPS measures to be based on scientific riskassessment
Countries should base their SPS measures oninternational standards like Codex, OIE & IPPC
Countries may have higher level of SPS measures butshall be based on scientific risk assessment
Transparency - all proposed, new and changed
measures are to be notified by members to the SPSCommittee of WTO Secretariat
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Key Features..
assessment of risks to human, animal or plant life orhealth, taking into account risk assessment techniquesdeveloped by international organizations.
available scientific evidences; process and productionmethods; inspection & sampling methods; prevalence ofspecified disease or pests; existence of pests/disease-freeareas, etc
relevant economic factors & cost effectiveness ofalternate approaches
Avoid arbitrary/unjustifiable distinctions in the levels indifferent situations if these result in disguised restrictions
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Key Features..
To take provisional measures in case of insufficientscientific evidence
Adaptation of SPS measures to regional conditions,including pest- or disease- free areas, differing climaticconditions & different pest or diseases or food safety
conditions so as to lead to the development/imposition ofdifferent SPS requirements
Members are required to notify all sanitary andphytosanitary regulations which are adopted or proposedto be adopted
Notifications made in the event of non-existence of aninternational standard or where substantially differentfrom it or where there is a significant effect on trade
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Key Features..
Enquiry Points to be notified by each Member to
disseminate information about existing andproposed SPS regulations, control and inspectionprocedures, quarantine treatment etc./ TBT
standards, technical regulations & CAprocedures
Provision of Emergency Notification
Take account special needs of developing countrieswhen developing SPS measures
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Problems Faced by India in Implementingthe SPS Provisions
Participation in international standardising bodies
Non representativeness of international standards
Plethora of standardising bodies at the national and sub-national levels & lack of role clarity
Absence of a national notification system
A general lack of awareness
Some aspects not very well developed traceability, riskassessment, R&D, residues, data
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Difference Between SPS &TBT
Regulation regarding fertilisersSPS if relating to residues in food or animal feed (objective
protection of human/ animal health)
TBT if related to quality or efficacy of the product or health
risk to handlers
Labelling requirements for foodsSPS if related to food safety
TBT if the regulation concerns issues such as; positioning,
letter size, nutrient content, grade, etc.
Regulation regarding containers for the shipment of grains
SPS if relating to fumigation or other treatment of these containers, i.e.,
disinfection in order to prevent the spread of disease, whereas under
TBT if the regulation regards the size or structure of the containers
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Nodal Ministry
Ministry of Commerce (Trade Policy Division)
Enquiry Points
SPS - Plant Protection Division (Deptt. of Agri. &
Coop.), Ministry Of Health, Ministry of CommerceTBT - Bureau of Indian Standards
TBT and SPS Portals (Centre for WTO Studies)TBT:-
http://cc.iift.ac.in/tbt/index.asp
SPS:- http://cc.iift.ac.in/sps/index.asp
http://cc.iift.ac.in/tbt/index.asphttp://cc.iift.ac.in/sps/index.asphttp://cc.iift.ac.in/sps/index.asphttp://cc.iift.ac.in/tbt/index.asp -
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Main Government Agencies
Directorate General of Health Services - PFA (1955)
Export Inspection Council - Export Inspection & Quality
Control Act
Bureau of Indian Standards - Food & AgricultureDepartment
Department of Animal Husbandry & Directorate of Plant
Protection, Ministry of Agriculture, Dairying & Fisheries
Ministry of Food Processing Industries - Food ProductsOrder 1955, Integrated Food Law
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Relevant Legislations
Directorate General of Health Services - PFA (1955)
Export Inspection Council - Export Inspection & Quality
Control Act
Bureau of Indian Standards - Food & AgricultureDepartment
Department of Animal Husbandry & Directorate of Plant
Protection, Ministry of Agriculture, Dairying & Fisheries
Ministry of Food Processing Industries - Food ProductsOrder 1955, Integrated Food Law
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Relevant Legislations and Institutional Set-up
Insecticide Act Milk and Milk Product Control Order (MMPO)
Meat Food Product Order 1973
Ministry ofAgriculture
Directorate of Marketing and Inspection (DMI)
Agricultural Produce (Grading and Marking) Act
Ministry of Rural
Development
Prevention of Food Adulteration Act 1954
Fruits & Vegetable Products (Control) OrderFPO 1955 Ministry of Health & Family Welfare
Ministry of Food
Processing
Industries
Export (Quality Control & Inspections) Act1963
Ministry ofCommerce
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Relevant Legislations and Institutional Set-up
Standards of Weights & Measures Act
Standards of Weights & Measures (Enforcement) Act
Solvent Extracted Oils, De-oiled Meal and Edible FlourControl Order, 1967
Vegetable Products Control Order, 1976
Bureau of Indian Standards (BIS) Act 1986
Ministry of CivilSupplies,
Consumer Affairsand Public
Distribution
Aquaculture Authority Notification 1997 & 2002
Environment (Protection) Act 1986, Environment
(Protection) Third Amendment Rules, 2002 Coastal Regulation Zone Notification 21 May 2002
Aquaculture Authority - Notification
Ministry of
Environment andForests
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Life after WTO
Increased Relevance of International Standards Need to harmonize avoid duplication & multiplicity ROLE
CLARITY
Countries implementing strong import controls (USA, EC, Canada,Australia, Japan etc)
Conformance to Int/ importing country requirements Provision for recognition of export control & certification systems as
equivalent
Equivalence Agreements MoUs/MRAs
Legislative framework
Infrastructural facilities - Labs, inspection/certification bodies
RENEWED RELEVANCE TO EXPORT CERTIFICATION OF EIC
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Problem Faced by India
Peanuts,other nuts and milk- Level of aflatoxin presence
Mangoes and Grapes- presence of certain flies
Coffee- level of Ochratoxin
Bone and Bone Products- non-grant of TSE free status
Cereals and Cereal Products-presence of impurities
Tobacco- level of DDT residue
Pesticides residue problem in various products such as EggProducts, grapes,gherkins, honey, meat and milk products
and tea and spices
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Problem Faced by India
Language barrier eg health certificates in Spanish- NTB
Regulatory Measures eg milk products
Voluntary Standards ISO 9000/ ISO 14000 restricts market access tillcountry upgrades, also cost of impln
SA 8000 Social Accountability deals with working conditions, better Q
of life, other socioeco issues importing country limiting imports Rapid Alert System No systematic approach- hundreds of consignments
over 2 years
Turtle extruder device
CE Marking Absence of designated CA Bodies in India cost increasing
due to foreign certifn & testing No information on specification, methods of sampling, inspection & test-
chance to comment, familiarize (eg bacterial inhibitors, vibrio)
New regulations implemented without sufficient notice period
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Standard-setting bodies The Three Sisters
Food safety
CODEX
Animal health
OIE
Plant health
IPPC
Joint FAO/WHO Codex Alimentarius CommissionCodex
Office International des Epizooties
OIE International Plant Protection Convention (FAO)IPPC
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Economic Impact Of some SPS Measures
Some developed importing countries fixing standardwithout risk assessment eg vibrio parahaemoliticus
Inspite of repeated requests risk evaluation not
made available Some countries stressing on infrastructural
aspects eg milking machines, flake icemachines; primary production etc
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Potential problems
Lack of transparency
Complexity of SPS standards
Threshold limits
Standard takers instead of Standard Setters
Relevance of the standard to the production
conditions of the exporting countries
Domestic Regulatory Problems
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Strategy for future
Upgradation of level of standards within India
Building-up scientific evidence to counter unreasonable SPS
Measures
Exporters/EPCs should examine WTO-compatibility of
health and sanitary regulations/product standards
Close co-ordination between Government and Exporters
regarding specific cases.
Need for framing of standards for manufacture, productionunits/processes, monitoring contaminants, sampling
procedures and additives
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Strategy for future -Conformity Assessment Issues
Test methods varying from international standards
high sensitivitybased on capability not risk (eg chloramphenicol,
aflatoxin)
non-validated (NorwayVibrio cholerae)
Different standards in different labs Results in increase in rejections
Solution joint testing, acceptance of certification of
exporting country & not retesting
Article 5 provides SPS measures to be based on riskassessmentand if requested by exporting countrymake
known details of assessment
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Thank You
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