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Current Issues in the SPS CommitteeCurrent Issues in
the SPS Committee
Gretchen H. Stanton
Senior Counsellor
Agriculture and Commodities Division
WTO
The SPS Committee The SPS Committee
• Implementation of SPS Agreement
• Reviews compliance• Potential trade impacts• Co-operation with technical
organizations
3 regular meetings per year - Geneva
SPS Committee - Membership SPS Committee - Membership
• All 153 WTO Members
• Observer governments (acceding members)
• Intergovernmental organizations – Codex, IPPC, OIE
– FAO, UNCTAD, WHO, ISO, World Bank
– ACP, EFTA, IICA, OIRSA, OECD
Agenda - SPS CommitteeAgenda - SPS Committee
• Activities of Members• Specific trade concerns• Transparency• Special and differential treatment• Equivalence• Pest- or disease-free areas• Technical assistance• Issues arising from second review of the SPS Agreement (G/SPS/36)• Third Review of SPS Agreement• Monitoring use of international standards• Information from observer organizations• Requests for observer status• Other business
Specific Trade Concerns (STCs)Specific Trade Concerns (STCs)
Suggested Actions:• Consult previous STCs (G/SPS/GEN204/Rev...., and
addenda)
• Communicate intention to raise a STCs for inclusion SPS Committee meeting agenda - At least 11 calendar days before the meeting- In writing- Inform the other country concerned
• Seek support from other interested exporting Members
• Present the STC at the SPS Committee meeting
Specific Trade Concerns (1995-2007)261 TotalSpecific Trade Concerns (1995-2007)261 Total
2
11
24 23
1310
29
42
29
21
31
10
16
0
5
10
15
20
25
30
35
40
45
Nu
mb
er o
f n
ew is
sues
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
Plant health, 28%
Animal health, 37%
Food safety, 31%
Other, 4%
Trade Concerns by Subject (1995-2007)Trade Concerns by Subject (1995-2007)
G/SPS/GEN/204/Rev.8 (Adds. 1-3)
Other animal health, 30%
TSE, 36%
FMD, 22%
Avian influenza,
12%
Concerns Related to Animal Health & Zoonoses (1995-2007)Concerns Related to Animal Health & Zoonoses (1995-2007)
Participation by WTO Members (1995-2007)Participation by WTO Members (1995-2007)
169
121
181
126
177
126
1
2
0 20 40 60 80 100 120 140 160 180 200
Members Maintaining theMeasure in Question
Supporting Members
Members Raising theIssue
Developed Countries Developing Countries Least-Developed Countries
Nu
mb
er o
f Is
sues
Solved Trade Concerns (1995-2007)Solved Trade Concerns (1995-2007)
18
75
168
0
20
40
60
80
100
120
140
160
180
No solution reported Solution reported Partial solution reported
Top 10 Members Maintaining Measures Complained AgainstTop 10 Members Maintaining Measures Complained Against
Country Number of measures
European Communities 57
United States 27
Japan 22
Australia 16
China 14
Certain Members 11
Korea, Republic of 11
Brazil 10
India 8
Mexico 8
Top 10 Members Raising SpecificTrade ConcernsTop 10 Members Raising SpecificTrade Concerns
Country Number of measures
United States 71
European Communities 59
Argentina 33
Canada 21
China 19
Brazil 15
Thailand 9
Australia 8
Chile 7
Switzerland 5
Top 10 Members Maintaining Measures – Classification per KeywordTop 10 Members Maintaining Measures – Classification per Keyword
9 measures5%
61 measures34%
60 measures34%
49 measures27%
Food Safety
Animal health
Plant health
Other concerns
Top 10 Members Raising Concerns – Classification per KeywordTop 10 Members Raising Concerns – Classification per Keyword
12 measures5%
60 measures27%
96 measures43%
56 measures25%
Food Safety
Animal health
Plant health
Other
China – Complaints Raised (1/6)China – Complaints Raised (1/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Import restrictions on prawns and prawn products; revised generic IRA for prawns and prawn products Australia
Thailand,
Sri Lanka, Indonesia, Malaysia, Philippines, Viet Nam, EC 2001
Not reported
Notification on Chinese fruit imports Philippines 2002
Partially resolved
Amendment of the food sanitation law Japan Korea 2002
Not reported
China – Complaints Raised (2/6)China – Complaints Raised (2/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Restrictions on imports of Chinese potted plants in growing medium US EU 2002
Not reported
EC proposed regulation on maximum residue levels of pesticides EU
Argentina, Bolivia, Brazil, Chile, China, Colombia, Cuba, Honduras, Mexico, Paraguay, Uruguay 2003
Not reported
China – Complaints Raised (3/6)China – Complaints Raised (3/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Revision of standards and specifications for food and additive Japan 2003
Not reported
Maximum residue levels for pesticides on food EU 2004
Not reported
EC regulation on aflatoxins and Ocratoxin A in foods for infants and young children EU 2004
Not reported
China – Complaints Raised (4/6)China – Complaints Raised (4/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Standards and specifications for food additives (boscalid) Japan 2004
Not reported
US rule on materials derived from cattle and record-keeping requirements US 2004
Not reported
Directives on residual pesticide tolerance and inspection methods for tea
EC India2005
Not reported
Positive list system for pesticides, veterinary drugs and feed additives MRLs Japan
US, Australia, Philippines 2005
Not reported
China – Complaints Raised (5/6)China – Complaints Raised (5/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Restrictions on Ya pears imports US EC 2005
Not reported
Safety insurance and quality improvement standards for feed and feed additives Japan 2005
Not reported
Import suspension of heat-processed straw and forage for feed
Japan2005
Resolved
Import restrictions on wooden Christmas tree US 2006
Not reported
China – Complaints Raised (5/6)China – Complaints Raised (5/6)
Title
Member maintaining the measure
Members supporting the
concern
First date
raised Status
Import restrictions on cooked poultry products from China EU 2007 Resolved
Import restrictions on cooked poultry products from China US 2007
Not reported
Restrictions on applesUS
2008
Not reported
China – Measures Maintained (1/4)China – Measures Maintained (1/4)
Title
Members raising the
concern
Members supporting the
concern
First date
raised Status
Food safety regulations affecting agricultural
products produced from modern biotechnology United States
Argentina, Australia, Canada 2002
Not reported
Import restrictions for citrus and other fruits
related to fruit fly Argentina Canada 2002 Resolved
China – Measures Maintained (2/4)China – Measures Maintained (2/4)
Title
Members raising the
concern
Members supporting the
concern
First date
raised Status
Import ban on products of Dutch origin EU 2002 Resolved
Import requirements for cosmetics EU 2002
Not reported
Zero tolerance for e-coli US 2002Not
reported
Regulation on wood packaging material EU 2002
Not reported
China – Measures Maintained (3/4)China – Measures Maintained (3/4)
Title
Members raising the
concern
Members supporting the
concern
First date
raised Status
Quarantine measures for the entry and exit of
aquatic products EU US 2003 Resolved
Lack of transparency for certain SPS measures US 2004
Not reported
Measures on US poultry US Canada 2004 Resolved
Import restrictions on products of animal origin
due to dioxin EU 2007 Resolved
China – Measures Maintained (4/4)China – Measures Maintained (4/4)
Title
Members raising the
concern
Members supporting the
concern
First date
raised Status
Zero tolerance for pathogens on raw meat and
poultry products US 2007Not
reported
Application of regionalization and
prohibition of bovine meat Brazil US 2007Not
reported
Avian influenza restrictions US 2007
Not reported
Varietal restrictions on US apples US 2007
Not reported
What is « equivalence »?What is « equivalence »?
Article 4
Members shall accept the sanitary and phytosanitary measures of other Members as equivalent, even if these measures differ from
their own or from those used by other Members trading in the same product, if the exporting
Member objectively demonstrates to the importing Member that its measures achieve the importing Member’s appropriate level of sanitary
and phytosanitary protection
EquivalenceArticle 4EquivalenceArticle 4
Members shall
accept SPS measures of other Members as equivalent
If the exporting country objectively demonstrates that its measures achieve the ALOP of the importing country
Equivalence – in practiceEquivalence – in practice
• How determine if another measure / process / product is equally safe?
– Is aging equivalent to pasteurization re: cheese safety?
– Can cold treatment replace fumigation?– Can vaccination ensure disease freedom?
• What is the ALOP (acceptable risk level)?
Equivalence – Committee Guidelines (G/SPS/19/Rev.2)Equivalence – Committee Guidelines (G/SPS/19/Rev.2)
• Can be requested for individual measures / products or whole systems
• Importing country should identify risks and explain its ALOP
• Importing country should provide its risk assessment or technical justification for its own measure
• Respond to requests within 6 months
Equivalence – Committee Guidelines (G/SPS/19/Rev.2)Equivalence – Committee Guidelines (G/SPS/19/Rev.2)
• Take into account current history of trade• Provide technical assistance to developing
countries who request recognition of equivalence
• Notify SPS Committee when equivalence is recognized
• SPS Committee to follow recognition agreements, bilateral arrangements
• Encourage Codex, OIE and IPPC to develop guidelines for equivalence
Equivalence - NotificationsEquivalence - Notifications
Two notifications so far:
• Dominican Republic – USA
• Panama – United States
SPS and Developing CountriesSPS and Developing Countries
Preamble:
“Recognizing that developing country Members may encounter special difficulties in complying with the
sanitary or phytosanitary measures of importing Members, and as a consequence in access to markets,
and also in the formulation and application of sanitary or phytosanitary measures in their own territories, and
desiring to assist them in their endeavours in this regard;”
Special and Differential TreatmentSpecial and Differential Treatment
Article 10:– Take account of the special needs of developing
countries, and in particular of the least developed countries.
– Longer time frames for compliance, whenever
appropriate level of protection allows it.
– Upon request to the SPS Committee, ask for specified, time-limited exceptions from the Agreement.
– Encourage participation in international organizations.
S&D: SPS AgreementS&D: SPS Agreement
Annex B – Transparency
(Publication of Regulations)
Para. 2 - Except in urgent circumstances, Members shall allow a reasonable interval between the publication of a sanitary or phytosanitary regulation and its entry into force in order to allow time for producers in exporting Members, and particularly in developing country Members, to adapt their products and methods of production to the requirements of the importing Member.
S&D: SPS AgreementS&D: SPS Agreement
More time for compliance with new regulations
Article 10.2: when measures phased in, no less than 6 months (if ALOP allows)
Annex B.2: normally allow at least 6 months between
publication and entry into force
Doha Ministerial Decision on Implementation (WT/MIN(01)/17)
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