The WTO SPS Agreement and its relevance to international standards
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Transcript of The WTO SPS Agreement and its relevance to international standards
Health andConsumers
Health andConsumers
The WTO SPS Agreementand its relevance to international standards
Ella StricklandHead of unitEuropean Commission, DG Health and ConsumersMultilateral International Relations Unit
19 February 2014, Brussels
Health andConsumers
Health andConsumers
Why trade?
• Economic advantages Creates jobs and promotes growth Greater variety of goods at lower prices to consumers Helps to reduce poverty Boosts competition Leads to specialisation and higher efficiency Spreads innovation
• Political advantages No trade restriction - no tension
Health andConsumers
Health andConsumers
EU’s position in global trade
The EU is the world's largest trading block
Central pillar of the world economyBiggest market in the world - 500 million consumers Well-informed consumers looking for high quality productsCommitted to free trade – active participant in international foraOpen trade system - transparent rules Political capacity to conclude trade agreements
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Health andConsumers
World Trade Organization
Established on 1 January 1995 Succeeded GATT (General Agreement
on Tariffs and Trade) - 1948-1994 Bali – 1st new WTO agreement since
1995
Based in Geneva 159 Members Member-driven Decisions by consensus 30 negotiated agreements Dispute settlement
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Health andConsumers
WTO Agreements
12 specialised agreements on trade in goodsAgriculture
Sanitary and Phytosanitary (SPS)
Technical Barriers to Trade (TBT)
Textiles and clothing
etc General agreement on trade in services Agreement on trade-related aspects of intellectual property
rights Agreement on dispute settlement Plurilateral agreements
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Health andConsumers
WTO SPS Agreement
In force since 1 January 1995
Sets out rules that WTO members are obliged to follow when they set SPS measures on food safety, animal health and plant health
Recognises Members' rights to impose SPS measures to achieve the appropriate level of protection (ALOP)
- if this level is higher than international standard, it must be supported by scientific evidence
Applies to all measures that may affect international trade Underlying objective is to promote stability and predictability in the system
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Health andConsumers
WTO SPS Agreement
Basic principles
SPS Measures shall be:» Transparent» Based on international standards» Based on scientific principles and risk assessment» Proportionate » Non-discriminatory» No more trade restrictive than necessary
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Health andConsumers
International standard-setting
WTO SPS Agreement encourages the use of standards developed by the international standard-setting bodies
The Three Sister Organisations:
• Food safety – FAO/WHO CODEX Alimentarius Commission• Plant protection – International Plant Protection Convention (IPPC) • Animal health – World Organisation for Animal Health (OIE)
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Health andConsumers
Why harmonize internationally?
• In order to facilitate trade by:
providing health protection based on scientific evidence avoiding market disturbances - stability facilitating investment ensuring consumers' confidence by ensuring high quality facilitating access to third country markets simplifying control procedures on the basis of
guarantees
Health andConsumers
Health andConsumers
Decision-making in the WTO
Ministerial ConferenceGeneral CouncilCouncil for Trade in Goods
Technical Committees: SPS, TBT
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Health andConsumers
WTO SPS Committee
Meets three times per year
Forum to exchange information, raise trade problems, review the Agreement
Horizontal issues: ad hoc consultation, private standards, issues under the fourth review
The three sisters have observer status as well as a number of other organisations
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Health andConsumers
The work of the European Commission (DG SANCO/DG TRADE)
Works closely with EU stakeholders Ensures that EU legislation meets the obligations of the SPS
Agreement Tackles unjustified and unreasonable SPS barriers Requests bilateral discussions with third country authorities Raises specific trade concerns in the plenary meeting of the
SPS Committee Negotiates the chapter on SPS in international agreements Provides capacity building to developing countries Actively participates in the standard setting work of the three
sisters
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Health andConsumers
Transparency – SANCO responsibilities
DG SANCO is the EU SPS notification authority/enquiry pointAssists Member States to notify their SPS measures to the WTO Notifies any EU legislation which has an effect on international trade, responds to comments receivedDiscusses trade measures with partnersMonitors notifications (legislative changes) of other WTO membersMaintains records of all notifications via the SPS notifications database
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Health andConsumers
Trade concerns involving the EU
74 concerns raised by the EU since 1995
Examples:
BSE – against several countries, since 2004
Import ban on live animals – against Russia, raised in 2012
Schmallenberg virus – against several countries, raised in 2012
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Health andConsumers
Trade concerns involving the EU
73 concerns raised against the EU since 1995
Examples:EU temperature treatment requirements for imports of processed meat products – Russian FederationRestrictions on poultry exports – US
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Health andConsumers
Dispute settlement
Dispute Settlement Understanding (DSU) — the main WTO agreement on settling disputes
Not a quick-fix solution More than 450 disputes – in all areas - had formally been
raised until 15 November 2013 42 alleged violation of the SPS Agreement - 24 of which
resulted in the establishment of a dispute settlement panel These panels were established to look at 15 different SPS
issues
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Health andConsumers
Dispute cases when a panel was established
Canada and the United States' - against the European Communities' measures - meat and meat products (ban on meat treated with growth-promoting hormones);
European Communities - against Canada and the United States - their continued suspension of obligations relating to the EC-Hormones dispute;
United States - against the European Communities' measures - poultry meat and poultry meat products;
Canada – against the European Communities' measures – prohibiting the importation and marketing of seal products
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Health andConsumers
Thank you for your attention!
• Useful Links:WTO • http://wto.orgDG SANCO •http://ec.europa.eu/dgs/health_consumer/index_en.htm