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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Overview of the WTO Agreement on SanitaryOverview of the WTO Agreement on Sanitary& Phytosanitary Measures& Phytosanitary Measures
(SPS)(SPS)
Andrew L. Stoler
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
WTO SPS AgreementWTO SPS Agreement
Recognizes:
-- right of Governments to adopt measuresnecessary to protect human, animal or plant
health.
Ensures that:
-- such measures are necessary through need to
base restrictions on scientific justification
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Definition of an SPS MeasureDefinition of an SPS Measure
Measure to Protect: Human or animal life
Animal or plant life
A country
From: Risks arising from additives,
contaminants, toxins or disease-causing organisms;
Plant- or animal-carried diseases(zoonoses);
Pests, diseases, or disease-causing organisms
Damage caused by entry,establishment or spread of pests
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Examples of SPS MeasuresExamples of SPS Measures
Import ban on live cattle from herds infected by BSE /Justification: the prevent the introduction and spread of the
disease to domestic herds;
Restrictions on imports of citrus fruit grown with certain types ofpesticides proven toxic for human consumption /
Justification: the protection of human health;
Quarantine Measures on food, plant & animal imports are SPS
Measures
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6
TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Key SPS PrinciplesKey SPS Principles
1. Harmonizationencouraged through common
international standards of protection2. Equivalenceof differing measures
3. Adaptation to regional conditions
4. Transparency
5. Measures must be based onscientific justification
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7
TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Scientific JustificationScientific Justification Scientific justification for SPS measures should take into account
recognized risk assessment techniques, ideally developed byinternational organizations
In risk assessment, consider PPMs, relevant inspection, testingand sampling methods, prevalence of specific diseases or pests,relevant ecological conditions
In deciding appropriate level of protection, consideration to begiven to costs of response, potential economic damage, relativecost effectiveness of approaches.
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
The Precautionary PrincipleThe Precautionary Principle
(Article 5, Paragraph 7)(Article 5, Paragraph 7)When faced with a particular potential threat and where
relevant scientific evidence is insufficient, provisional
SPS measures may be adopted on the basis ofavailable pertinent informationBUT
In such circumstances, Governments are obliged toseek additional scientific information necessary forproper risk assessment within a reasonable period of
time.
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9
TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Harmonization / International StandardsHarmonization / International Standards
Use of international standards encouraged, as well asparticipation in appropriate bodies for development of common
international standards
Typical International Bodies for SPS
FAO/WHO Codex Alimentarius Commission Office International des Epizooties
FAO Secretariat International Plant Protection Convention
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
EquivalenceEquivalence
WTO Members are obligated to:Accept SPS measures of other Members as equivalent to their
own, even if different, if exporting country objectivelydemonstrates to importing country that its measures achieveimporting countrys appropriate level of SPS protection.
Enter into consultations upon request with the aim of achievingbilateral and multilateral agreements on recognition of theequivalence of specific SPS measures.
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11
TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Adaptation to Regional ConditionsAdaptation to Regional Conditions
SPS Agreement recognizes that conditions warranting SPSmeasures may not prevail in all areas of the country (exporting or
importing) and mandates regional adaptation
Mandated recognitionof:
Pest and disease-free areasAreas of low pest or disease prevalence
Subject to proof and possible inspection
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
SPS TransparencySPS Transparency
Publication Requirements
Notification RequirementsEnquiry Points
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Publication ObligationsPublication Obligations
All sanitary and phytosanitary regulations (including laws,decrees or ordinances) adopted must be published promptly in
such a way as to enable interested parties to become acquaintedwith the regulations.
Except in urgent circumstances, exporters are to be given areasonable period of timebetween SPS regulation publicationand entry into force in order to adapt products and methods ofproduction to changed requirements.
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Notification RequirementsNotification Requirements
When an international standard does not exist, or where aproposed SPS measure is substantially different from the
international measure, the adopting country must: Publish a notice
Notify relevant details through WTO
Provide copies of measure on request
Allow time to make comments on content of proposed measure
Procedures are simplified in cases of demonstrated emergency
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
NOTIFICATION
1. Member to Agreement notifying: AUSTRALIA
If applicable, name of local government involved:
2. Agency responsible: Food Standards Australia New Zealand (FSANZ)3. Products covered (provide tariff item number(s) as specified in
national schedules deposited with the WTO; ICS numbers should be
provided in addition, where applicable): Foods in general
4. Regions or countries likely to be affected, to the extent relevant orpracticable: All countries. Imported (as well as domestically produced)
foods sold in Australia.
5. Title, language and number of pages of the notified document:
Assessment Report for Application A591 Maximum Residue Limits(available in English, 38 pages)
6. Description of content: This application seeks to amend theAustralia
New Zealand Food Standards Code (the Code) to align maximum residue
limits (MRLs) for various agricultural and veterinary chemicals with othernational regulations relating to the safe and effective use of agricultural and
veterinary chemicals.
N i l A W k h
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
7. Objective and rationale: [ X ] food safety, [ ] animal health, [ ]
plant protection,
[ ] protect humans from animal/plant pest or disease, [ ] protect
territory from other damage from pests8. International standard, guideline or recommendation:
[ X ] Codex Alimentarius Commission, [ ] World Organization for
Animal Health (OIE), [ ] International Plant Protection Convention,
[ ] NoneIf an international standard, guideline or recommendation exists, give
the appropriate reference and briefly identify deviations:
9. Relevant documents and language(s) in which these are available:
Australia New Zealand Food Standards Code (available in English)
10. Proposed date of adoption: Notification to Government anticipated
August 2007 with adoption (gazettal) to follow, pending Government
consideration.
11. Proposed date of entry into force: Date of Gazettal pending Government
consideration (see 10. above).
N ti l A W k h
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
12. Final date for comments: 25 May 2007
Agency or authority designated to handle comments: [ X ] National
notification authority, [ ] National enquiry point, or address, fax number
and E-mail address (if available) of other body:
Food Standards Australia New ZealandPO Box 7186
Canberra BC ACT 2610
Australia
Fax: + 61 2 6271 2278
E-mail: [email protected]
13. Texts available from: [ X ] National notification authority, [ ] National
enquiry point, or address, fax number and E-mail address (if available) of
other body: Documents are available from the Food Standards Australia New
Zealand website: www.foodstandards.gov.au/standardsdevelopment
Copies are also available from:
The Australian SPS Notification Point
GPO Box 858
CANBERRA ACT 2601
AUSTRALIA
Fax: +61 2 6272 3678
Email: [email protected]
N ti l A W k h
mailto:[email protected]://www.foodstandards.gov.au/standardsdevelopmentmailto:[email protected]:[email protected]:[email protected]://www.foodstandards.gov.au/standardsdevelopment7/27/2019 wto Bhu1 Sps
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Enquiry PointsEnquiry PointsEach WTO Member must haveat least one enquiry point
charged with answering all reasonable questions re:Any proposed or adopted SPS measures
Any control and inspection procedures, production and
quarantine treatment, pesticide tolerance and food additiveapproval procedures
Risk assessment procedures followed
Membership and participation in international bodies andagreements bearing on SPS activities
Copies of requested documents should be supplied by theenquiry point at the same price charged to nationals
T dNational Awareness Workshop
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19
TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
SPS Wrap UpSPS Wrap Up
Agreement facilitates international trade through use ofinternational standards, recognition of equivalency and
transparency
SPS measures must be scientifically justifiable
Key role of national Enquiry Points and ability to comment ondraft SPS measures and prepare in advance for changed SPSregulations
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TradeInstitute for International Trade
The University of Adelaide,
Australia
National Awareness Workshop
on WTO Accession of Bhutan
Case Studies*Case Studies*
The SPS Agreement and Crisis Management: The Chile-EU Avian
Influenza Experience (Chapter 10)
Indonesias Shrimp Exports: Meeting the Challenge of Quality
Standards (Chapter 18)
Nepal: Exports of Ayurvedic Herbal Remedies and SPS Issues(Chapter 31)
* Managing the Challenges of WTO Participation: 45 Case Studies