Tracy McCracken SPS Technical Advisor East Africa Region United States Agency for International Development (USAID) Kenya and East Aferica/Office of Regional Economic Integration Overview of the WTO SPS Agreement and the role of National Notification Authority & Enquiry Points

2 SPS Definition SPS Measures Key Provisions of the SPS Agreement National Enquiry and Notification Points Overview

What is SPS? SPS = Sanitary and Phytosanitary Standards 3 ANIMALPLANTHEALTH

The WTO SPS Agreement Basic Right Article 2.1 “Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, provided that such measures are not inconsistent with the provisions of this Agreement” 4

5 The right to protect human, animal or plant life or health Avoiding unnecessary barriers to trade Agreement on the Application of Sanitary and Phytosanitary Measures

6 SPS Measures Definition - Annex A Human or risks arising from additives, animal health contaminants, toxins or disease organisms in food, drink, feedstuff A measure taken to protect: Human lifeplant- or animal-carried diseases Animal or pests, diseases, disease-causing plant life organisms A countryother damage caused by entry, establishment or spread of pests from

7 SPS measures: laws, decrees, regulations… including: end product criteria processes and production methods testing, inspection, certification approval procedures, etc. quarantine treatments transport packaging and labelling requirements directly related to food safety

8 Key Provisions of the SPS Agreement 1. Non-discrimination 2. Scientific justification harmonization risk assessment consistency least trade-restrictiveness 3. Equivalence 4. Regionalization 5. Transparency 6. Technical assistance/special treatment

9 No unjustifiable discrimination between Members with similar conditions sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade. Non-discrimination Article 2.3

10 Members shall ensure that any SPS measure is : Scientific justification Article 2.2 applied only to the extent necessary to protect human, animal or plant life or health (least trade restrictive) based on scientific principles not maintained without sufficient scientific evidence except as provided for in Article 5.7 (insufficient information)

11 Scientific Justification Articles 3 & 5 OR International standards Risk assessment Measures must be based on

12 Standard-setting organizations food safety CODEX plant health IPPC animal health OIE Codex = Joint FAO/WHO Codex Alimentarius Commission OIE = World Organization for Animal Health IPPC = International Plant Protection Convention (FAO) Scientific justification Harmonization Article 3

13 Members shall ensure that their SPS measures are based on an assessment, as appropriate, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations. Scientific justification Risk Assessment Article 5.1

14 Scientific justification Consistency Article 5.5 Members shall avoid arbitrary distinctions in appropriate level of SPS protection (ALOP) considered in different situations if distinctions result in discrimination or disguised restrictions on trade

15 Scientific justification Least trade restrictive Article 5.6 Once have determined the NEED for an SPS measure AND Have determined the LEVEL of protection needed must select Least-trade restrictive measure (technically and economically feasible) to achieve level of health protection

16 Members may provisionally adopt SPS measures when relevant scientific information is insufficient on the basis of available information In such circumstances, Members shall seeks to obtain additional information to assess risk review the measure within a reasonable period of time Scientific justification Exception: Provisional measures Article 5.7

17 Equivalence Article 4 Members shall accept SPS measures of other Members as equivalent If the exporting country objectively demonstrates that its measures achieve the ALOP of the importing country

18 Pest- or disease-free areas Article 6 (Regionalization) Members shall ensure that their SPS measures are adapted o the SPS characteristics of an “area” all of a countrypart of a country all or parts of several countries

19 Transparency Article 7 & Annex B Members shall establish an Enquiry Point AND designate a Notification Authority notify other Members of new or changed SPS regulations when no international standard exists OR the new regulation is different than the international standard regulation may have significant effect on trade AND

20 Effective SPS Enquiry Points and National Notification Authorities are important in complying with WTO SPS Agreement obligations Changes in regulations can significantly affect world trade The WTO notification process facilitates the sharing of this important information with other Members in a timely manner The WTO notification process provides an opportunity for Members to review each others measures at the draft stage and comment on them before they are officially adopted National Notification Authority & Enquiry Point

21 Responsible for notifying all SPS measures that: Are new or changed Significantly impact international trade Are not substantially the same as internationally recognized standards (OIE,CODEX, IPPC) Via the NNA, Members shall Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation Provide copies of the proposed regulation to other Members upon request SPS National Notification Authority

22 The Enquiry Point monitors WTO Members’ notifications and ensures domestic stakeholders/constituents are made aware of these changes The Enquiry Point coordinates answers requests on SPS measures and information from other Members SPS Enquiry Point

23 Special & Differential Treatment and Technical Assistance Articles 9 & 10 Members......shall take account of the special needs of developing countries...should accord longer time frames for compliance...agree to facilitate provision of Technical Assistance

24 Sound science is important in guiding SPS policy Adoption of international standards (Codex, OIE, IPPC) is encouraged, but not required NNA reports on YOUR country changes in regulations EP monitors FOREIGN GOVERNMENT changes in regulations and coordinates SPS responses Communication is critical Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation Summary