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

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Location: Geneva, Switzerland

Established: 1 January 1995

   Membership:

153 countries

Budget: 185m Swiss francs, 2008

Secretariat staff: ~650

Head: Pascal Lamy (Director-general)

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WTO Members 2010(153)

WTO Members 2010(153)

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• Negotiate trade rules

• Implement trade agreements

• Resolve trade disputes

• Review national trade policies

Functions

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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)

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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

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recognizing right to protecthuman, animal,plant life or health

avoiding unnecessary barriers to trade

Objective of the SPS Agreement?

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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

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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

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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

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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

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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

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SPS measures include all relevant laws, decrees, regulations, requirements and procedures, including inter alia: product criteriaquarantine treatmentsproduction and processing requirementscertification and approval proceduresinspectiontesting

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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

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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

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Scientific JustificationArticles 3 & 5Scientific JustificationArticles 3 & 5

OR

International standards

Risk assessment

Measures must be based on

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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

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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

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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

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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

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• 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

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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))

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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)

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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

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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

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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)

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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

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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

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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”