SPS Agreement

advertisement
Aquatic Animal Health Programmes: their benefits for global food security
Panama City, Panama, 28 – 30 June 2011
Aquatic animal health and trade
Dr Sarah Kahn
Head, International Trade Dept.
Contents
•
•
•
•
•
•
Legal framework for international trade
Role of the OIE in international trade
Trade: sanitary considerations
Resolving trade problems
Challenges
Conclusions
International Trade: legal framework
SPS Measures are taken to protect:
Human or
animal health from
risks arising from additives,
contaminants, toxins or disease
organisms in food, drink, feedstuff
Human life
from
plant- or animal-carried diseases
Animal or
plant life
from
pests, diseases, disease-causing
organisms
A country
from
other damage caused by entry,
establishment or spread of pests
WTO SPS Agreement 1995
SPS Agreement: Key Provisions
1. Non-discrimination
2. Scientific justification
•
•
•
•
3.
4.
5.
6.
7.
harmonization
risk assessment
consistency
least trade-restrictiveness
Equivalence
Regionalization
Transparency
Technical assistance/special treatment
Control, inspection and approval procedures
SPS Agreement: Key Provisions
Article 2.2
Members shall
ensure that any
SPS measure is:
based on scientific principles
applied only to the extent necessary to protect
human, animal or plant life or health (least trade
restrictive)
not maintained without sufficient scientific
evidence
except as provided for in Article 5.7
International Trade: legal framework
Scientific justification
SPS Agreement Articles 3 & 5
Measures must be based on:
International standards
OIE and CAC (animal products)
OR
Risk assessment
OIE/Codex recommendations
6
Trade measures: transparency
(Article 7, Annex B and G/SPS/7/Rev.3)
Members shall
notify other Members of new or
changed SPS regulations when
establish an Enquiry Point
AND
designate a Notification Authority
For more information see:
http://spsims.wto.org
no international standard exists
OR
the new regulation is different to the
international standard
AND
regulation may
have significant
effect on trade
International trade: OIE role
• OIE, CAC and IPPC ( ‘3 sisters’) set official
standards for purposes of the SPS Agreement
• OIE sets vertical (disease) standards
e.g. disease free countries/zones/compartments; safe commodities;
trade measures; inactivation of pathogens…
• and horizontal standards, e.g. risk assessment,
judgement of equivalence and zoning
including animal production food safety
• Codex is the reference ISSO for food safety
• OIE and Codex collaborate to ensure seamless
coverage of the food production continuum
SPS Trade Concerns by subject (1995-2010)
Plant Health
26%
Other
6%
Animal Health
40%
Animal Health
Food Safety
Food Safety
28%
Plant Health
Other
9
Trade: sanitary considerations
• Increasing aquaculture development increases
the risk of international spread of aquatic animal
pathogens, for example via:
• the introduction of non-native species into new environments
• sourcing brood stock for aquaculture development
• uncontrolled entry of imported aquatic animals and their products
into the aquatic environment
• Introduction of new feeds, for species not previously cultured or
for reasons of cost/convenience.
• As well as risks associated with the deliberate or
unintentional translocation of potential ‘invasive
alien species’.
Trade: sanitary considerations
• The Aquatic Animal Code contains ‘vertical’
standards (disease specific) with provisions for
‘safe commodities’ (for which no additional
sanitary measures are needed) and measures
for commodities not considered as ‘safe’
…and horizontal chapters, which address issues of general
relevance, such as hazards in aquatic animal feed; disease
surveillance; certification; recognition of equivalence.
• The Aquatic Manual provides standards for
disease diagnosis and relevant scientific
information.
Trade: sanitary considerations
• Most agents of significant aquatic diseases
(viruses, bacteria) are not zoonotic;
• Risks associated with zoonotic parasites can be
addressed by freezing or cooking;
• Food safety is an important consideration,
including water quality (especially for molluscs);
drug/chemical residues; processing hygiene
• Codex Alimentarius, Code of Practice for Fish
and Fishery Products (CAC/RCP 52-2003) and
related standards eg Code of practice – general
principles of food hygiene (CAC/RCP 1-1969).
Resolving trade differences
 OIE voluntary mediation procedure
• Technical evaluation based on standards adopted
by OIE Members; no involvement of lawyers; less
costly. Report confidential unless parties agree to
release - outcomes are not binding
 WTO dispute settlement procedure
• Legal evaluation with possibility of appeal; is
costly but outcomes are binding – report is
released publicly once parties have commented.
13
Resolving trade differences
Article 9: technical assistance
Members agree to facilitate provision of technical assistance
– To help countries comply with SPS measures
• technology, research, infrastructure
• advice, credits, donations, grants
• technical expertise, training, equipment
– To help countries maintain and expand market access
Role of the WTO Standards and Trade
Development Facility (STDF)
TECHNICAL ASSISTANCE
• e-Training Courses on the SPS Agreement
–Available all year long https://etraining.wto.org/
• National SPS Seminars
–Two or three per year - Available upon request
–(See G/SPS/GEN/997 for reference)
• Thematic SPS Workshop
–Workshop on National Coordination - 17-21 October 2011 (In the
margins of the SPS Committee Meeting)
• Regional SPS Workshop
–Regional SPS workshop for: English and French-speaking Africa;
Caribbean and Latin America; Middle East and Arab Countries (2011)
• Advanced SPS Course
–Advanced SPS Course - English – 10-28 October 2011
Challenges
Productivity and sustainability of the aquaculture
sector is challenged by:
• the emergence of new diseases/syndromes
• the need to establish optimal culture conditions
(including feed), especially for new species
 applied scientific research is needed
• In addition, there is increasing consumer
sensitivity to food safety problems
 loss of consumer confidence, even short term, can
cause major trade losses, and lost markets may be
difficult to regain
Challenges
• New trade requirements continue to arise,
particularly in ‘corporate social responsibility’
• OIE sets standards for the welfare of farmed
fish, based on the fact that animal health makes
a major contribution to animal welfare
• ISO 26000 ‘Social Responsibility’ (2011) see:
http://www.iso.org/iso/social_responsibility
Challenges
• Private standards (PS) are under review by the
SPS Committee in light of Members’ concerns
 implications for market access & development
 legal issues
• Private standard setting organisations (PSSO)
include private companies, national retailers’
associations and international organisations
• Potential positive effects?
 more stable presence in other markets
 enhanced competition
 facilitate compliance with international standards
 better brand reputation > easy credit.
Private standards: possible implications
• Exceed international standards
• Go beyond official requirements
• Become de facto market access requirements
• Multiple different schemes
• Little possibility for harmonisation
• Costs associated with qualification
… certification alone estimated at US$ 2-8,000 p.a.
• Impact on small- and medium- sized enterprises
• Is there legal recourse under the SPS Agreement??
SPS Committee: proposed actions
 agree on definition of SPS-related PS
 pursue info exchange with Codex/OIE/IPPC
 follow relevant developments in other WTO fora
 encourage Members to communicate with PSSO
 develop materials on importance of international interest
 facilitate info exchange among Members and with PSSO
 forum for discussion of specific trade concerns/PS
 develop guidelines on Article 13
 develop transparency mechanism for PS
 develop Code of Good Practice
 develop guidelines for Members to liaise
 seek clarification on applicability of SPS Agreement
Conclusions
• The WTO SPS system and the reference
standards of the OIE and CAC provide a clear
framework for safe international trade in aquatic
animals and their products
• There are challenges to this framework
 However, official standards set by OIE and Codex are the sole
acceptable basis for animal health and food safety
 The OIE is working with PSSOs and Members to advocate this.
• Developing countries may lack the infrastructure
and resources needed to meet official standards
and thereby credibility in issuing certification.
Conclusions
• Capacity to implement efficient aquatic animal
health programs must be strengthened,
especially in developing countries
 Collaboration between the OIE and FAO as well as regional
organisations should be further developed;
 Members should support the OIE twinning initiative for aquatic
animal health laboratories.
• Some challenges can only be addressed by
applied scientific research
 Support of governments and donors is needed
• Good collaboration between the public and
private sector is key to market access.
Conclusions
The PVS Pathway can help Members to comply
with the OIE international standards for quality of
Veterinary Services and Aquatic Animal Health
Services…
Helping to improve the domestic
supply of safe, affordable food and
provide the basis for participation
in regional and international markets..
Leading to improved food security
Thank you for your attention
With thanks to
WTO Secretariat
email:
enquiries@wto.org
website: www.wto.org
Download