Overview of the WTO SPS Agreement and the role of National Notification Authority & Enquiry Points 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 SPS Definition SPS Measures Key Provisions of the SPS Agreement National Enquiry and Notification Points Under the WTO SPS agreement, it states that each member shall establish a SPS National Notification Authority and Enquiry Point. Thus, at the time of accession, the Bahamas must have a National Notification Authority and Enquiry Point in place.

ANIMAL PLANT HEALTH HEALTH What is SPS? SPS = Sanitary and Phytosanitary Standards ANIMAL PLANT HEALTH HEALTH

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”

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

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

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

Key Provisions of the SPS Agreement Non-discrimination Scientific justification harmonization risk assessment consistency least trade-restrictiveness Equivalence Regionalization Transparency Technical assistance/special treatment

Non-discrimination Article 2.3 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.

Scientific justification Article 2.2 based on scientific principles Members shall ensure that any SPS measure is: 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 (insufficient information)

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

Standard-setting organizations Scientific justification Harmonization Article 3 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 Risk Assessment Article 5.1 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 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

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

Members may provisionally adopt SPS measures Scientific justification Exception: Provisional measures Article 5.7 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

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

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 or parts of several countries all of a country part of a country

Transparency Article 7 & Annex B establish an Enquiry Point AND designate a Notification Authority Members shall 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

National Notification Authority & Enquiry Point 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 Effective Enquiry Points and National Notification Authorities are important! 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 thus preserving trade

SPS National Notification Authority 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 Via the NNA, WTO Members are responsible for notifying all SPS measures that are 1) new or changed 2) Significantly impact international trade and 3) Are substantially different from the internationally recognized standards, guidelines, or recommendations (OIE,CODEX, IPPC). Members are encouraged to notify measures compliant with the OIE, Codex, and IPPC. If you adopt an international standard, I encourage you to notify the measure to the WTO as this adds to transparency and sometimes slight changes in the international standard language may have a huge trade Impact. Also, each measure is to be published at an early stage to ensure that other Members have an opportunity to review measures to incorporate comments. (The WTO recommends a 60 day comment period from date of WTO publication) The NNA also provides copies of the proposed regulation to other Members upon request (FYI…OIE - World organisation for animal health; IPPC - International Plant Protection Convention)

SPS Enquiry Point 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 Let’s move onto the operations of the Enquiry Point. The Enquiry Point coordinates official government comments on foreign SPS notifications that could impact trade to notifying WTO Member countries The Enquiry Point monitors WTO Members’ notifications and ensures domestic stakeholders/constituents are made aware of these changes Responds to foreign government requests for information or comments on U.S. notifications

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

Summary 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 NNA reports on YOUR country changes in regulations EP monitors FOREIGN GOVERNMENT changes in regulations Communication is critical (Wide review of notifications by both government and private sector) Sound science is important in guiding policy discussions (and thus impacts notification); It’s important that Policy makers understand the obligation and importance of this Adoption of Int’l standards bodies (Codex, OIE, IPPC). Publish a notice at an early stage such that other Members have an opportunity to review the particular regulation