The Implementation of SPS Agreements

Daniel Burgoyne, B.Sc.(Agr.) M.Sc.

International Affairs Directorate

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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

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How Canada deals with large trade flowsRegulatory 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

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Unique approach to managing food safety, animal health and plant protectionCFIA 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

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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

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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

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What does Health Canada do?

Sets standards for all food• Nutrition• Fortification• MRLs• Contaminants• Microbiology

Approves veterinary drugs

Approves pesticides

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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

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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

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The WTO SPS Agreement – Meeting our ObligationsIn 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

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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

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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

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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

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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

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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

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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

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Issues under discussions recently at SPS CommitteeEquivalency

Regionalisation

Special and Differential Treatment

Review of the SPS Agreement

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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

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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

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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

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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)

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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

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Other SPS Arrangements

• NAFTA – formal

• European Union – veterinary agreement

• Chile – SPS Committee

• Brazil – SPS Mechanism

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Results

• Routine contacts at professional and scientific level

• Cooperation on regulatory issues

• Mutual understanding of each others’ regulatory systems

• Exchange of ideas and technologies

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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)

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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

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