The Implementation of SPS Agreements
Daniel Burgoyne, B.Sc.(Agr.) M.Sc.
International Affairs Directorate
Canada’s Context
Canada is a large country with a small population
• Smaller internal demand than production capacity
• Major agri-food exporter for grains, oilseeds, pulses, animals, meat
and forestry products
Canada has long and cold winters
• Costly to grow fresh fruits and vegetables
• dependency on imports of fresh fruits and vegetables
2
How Canada deals with large trade flows
Regulatory and science-based decision making
Professional and stable workforce able to plan
projects over the long term
Laboratories for food, animals and plants
Procedures and regulations are transparent
3
Unique approach to managing food safety,
animal health and plant protection
CFIA was created in 1997 by the unification of 4
inspection ministries
• Agriculture – animal, plant and processed fuits and
vegetables
• Health – unregistered food sector under the Food
and Drugs Act
• Fisheries and Oceans – fish and seafood inspection
• Industry – consumer protection e.g labelling, weights
and measures, etc.
Inherited a large network of laboratories across the
country
4
What does CFIA do?
Conduct « on-the-gound » inspection
Set standards and regulate animal health, plant
protection
Manages food recalls
• not only for tainted food or undeclared allergens but
also when the food presents a danger e.g. choking
for children
Independant Agency - reports to the Minister of
Agriculture
5
Risk Analysis
CFIA performs risk assessments for imports of
products of animal and plant origin for concerns
related to animal health and plant protection
• Within CFIA, risk assessment work is at arm’s length from risk
management and risk communication activities
Health Canada performs risk assessments for human
health concerns
6
What does Health Canada do?
Sets standards for all food
• Nutrition
• Fortification
• MRLs
• Contaminants
• Microbiology
Approves veterinary drugs
Approves pesticides
7
Canada Border Services Agency (CBSA)
Separate entity
Conducts inspections at the points of entry (border,
airports, seaports)
CFIA is not present at the border unless called in by
CBSA to deal with unexpected issues
8
International representation
CFIA represents Canada at the World Organisation for
Animal Health (OIE), the International Plant
Protection Convention (IPPC) and the North
American Plant Protection Organisation (NAPPO)
Health Canada and CFIA rotate chairs for
representation at the Codex Alimentarius
Commission
At SPS Committee Meetings, CFIA leads a
multidepartmental team with delegates from Health,
Agriculture and Trade Ministries
9
The WTO SPS Agreement – Meeting our
Obligations
In developing new standards and regulations
• Using the principle of non-discrimination between
domestic and imports for products of similar risk
profiles
• Consistent with OIE, IPPC and Codex guidelines
and recommendations
• Science-based justification when implementing
measures above international standards
10
Being Transparent
Notifications
• Notification of all new measures which:
•
•
deviate from an internationally agreed standard, recommendation or
guideline
have a significant impact on trade
• Give members sufficient time to comment ahead of
the final adoption of the measure to take comments
into consideration
• Provide other members translations of background
documents via the Secretariat when available
11
Enforcing our Rights
Bilaterally
• Raise issues with our trade partners and sharing
information at the expert’s level first
• Use our network of embassies abroad to make
representations to other governments, in their
language.
• at first, not a formal, heavy, diplomatic approach but rather by
direct contact, phone and emails
• delivering letters from CFIA to our counterparts
• these posts also report back on issues and receive information
from CFIA in order to be up-to-date
• elevating if approach has not yielded results
12
Enforcing our rights (2)
At the SPS Committee
• If elevating issue at diplomatic level has not worked,
intervention at Committee is considered
• Use the opportunity to meet on the side of the
meeting in Geneva to resolve before the formal
meeting
• Report positively to the Committee if progress made
13
Discuss Policy
Canada holds regular meetings with « like-minded »
trade partners e.g. New Zealand, Australia
Canada participates actively in Committee discussions
aimed at maintaining the SPS Agreement and
influencing the debate over the Agreement’s
interpretation
14
How we prepare for the SPS Meetings
• Throughout the year, notifications are reviewed and
comments are prepared, when necessary, on:
• issues that affect our exports directly or indirectly
• measures that are not science-based
• measures inconsistent with SPS Agreement
• CFIA coordinates papers, development of positions,
interventions and bilateral and informal meetings
15
How we prepare for the SPS Meetings (2)
• Canada advises WTO Secretariat of issues for
agenda
• Briefing notes are prepared, distributed inside CFIA
and outside CFIA for comments before approval by
Head of Delegation
• Formal instructions are drafted for the Canadian
delegation
16
Issues under discussions recently at
SPS Committee
Equivalency
Regionalisation
Special and Differential Treatment
Review of the SPS Agreement
17
Equivalency Provisions
• Canada applies whenever possible to improve
efficiency e.g. with USA, we have no formal
declaration of equivalency but on meat exports, we
sign USDA certificates
• Prefer a systems basis with audit rather than plant
by plant approval
• With Mexico, we have started an exercise in
reciprocal recognition of the two systems which is an
equivalence of outcomes and not how the inspection
is performed
• e.g. pork
• This was applied successfully to other trading
partners, most recently Brazil and Chile
18
Regionalisation
• Canada supports the developement of
regionalisation guidelines by the standard setting
bodies e.g. IPPC – ISPM 15
• We have regionalised other countries e.g. Brazil for
Newcastle disease, the European Union for highly
pathogenic avian influenza
• Countries have regionalised Canada e.g. avian
influenza
19
Regionalisation (2)
• Another example in following the recent discovery of
Golden Nematode in the province of Québec
• US/Idaho had also found last spring
• in 6 weeks, USA and Canada were able to develop conditions for
regulated areas which allow products outside the areas to be
traded
20
Review of SPS Agreement
Canada has proposed 3 items:
• Clarification of terms: Measures vs. Regulations
• Clarification on relationship between SPS
Committee and the international standard setting
bodies (OIE, IPPC, Codex)
• Transparency in notifying all measures (including
those not based on the ISSB’s)
21
Special and Differential Treatment
Doha/ Development Round – make S&DT provisions
of Agreement more « precise »
• Canada supports further work to assist the Committe
address underlying concerns of developing countries
• How to make greater use of SPS Committee
• How to effectively evaluate which SPS requirements of trade
partners present trade problems
22
Other SPS Arrangements
• NAFTA – formal
• European Union – veterinary agreement
• Chile – SPS Committee
• Brazil – SPS Mechanism
23
Results
• Routine contacts at professional and scientific level
• Cooperation on regulatory issues
• Mutual understanding of each others’ regulatory
systems
• Exchange of ideas and technologies
24
Conclusion
• The SPS Agreement is relatively new
• It has presented challenges for all members
• Canada had to adapt its organisational structure to
cope
• Since its adoption in 1995, we have seen an
evolution
• Measures need to be based on sound scientific
principles
• Requires commitment to participate in International
Standard Setting Bodies (OIE, IPPC and Codex)
25
Future
Will things stay static?
NO!
• The SPS Agreement will reach its maximum
usefulness if we have:
• full participation of its members and,
• full implementation of its principles
26
27