Current Issues in the SPS Committee Gretchen H. Stanton Senior Counsellor Agriculture and Commodities Division WTO

The SPS Committee Implementation of SPS Agreement Reviews compliance Potential trade impacts Co-operation with technical organizations 3 regular meetings per year - Geneva

SPS Committee - Membership All 153 WTO Members Observer governments (acceding members) Intergovernmental organizations –Codex, IPPC, OIE –FAO, UNCTAD, WHO, ISO, World Bank –ACP, EFTA, IICA, OIRSA, OECD

Agenda - SPS Committee Activities of Members Specific trade concerns Transparency Special and differential treatment Equivalence Pest- or disease-free areas Technical assistance Issues arising from second review of the SPS Agreement (G/SPS/36) Third Review of SPS Agreement Monitoring use of international standards Information from observer organizations Requests for observer status Other business

Specific Trade Concerns (STCs) Suggested Actions: Consult previous STCs (G/SPS/GEN204/Rev...., and addenda) Communicate intention to raise a STCs for inclusion SPS Committee meeting agenda - At least 11 calendar days before the meeting - In writing - Inform the other country concerned Seek support from other interested exporting Members Present the STC at the SPS Committee meeting

Specific Trade Concerns ( ) 261 Total

Trade Concerns by Subject ( ) G/SPS/GEN/204/Rev.8 (Adds. 1-3)

Concerns Related to Animal Health & Zoonoses ( )

Participation by WTO Members ( ) Number of Issues

Solved Trade Concerns ( ) No solution reportedSolution reportedPartial solution reported

Top 10 Members Maintaining Measures Complained Against CountryNumber of measures European Communities57 United States27 Japan22 Australia16 China14 Certain Members11 Korea, Republic of11 Brazil10 India8 Mexico8

Top 10 Members Raising Specific Trade Concerns CountryNumber of measures United States71 European Communities59 Argentina33 Canada21 China19 Brazil15 Thailand9 Australia8 Chile7 Switzerland5

Top 10 Members Maintaining Measures – Classification per Keyword

Top 10 Members Raising Concerns – Classification per Keyword

China – Complaints Raised (1/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Import restrictions on prawns and prawn products; revised generic IRA for prawns and prawn productsAustralia Thailand, Sri Lanka, Indonesia, Malaysia, Philippines, Viet Nam, EC2001 Not reported Notification on Chinese fruit importsPhilippines2002 Partially resolved Amendment of the food sanitation lawJapanKorea2002 Not reported

China – Complaints Raised (2/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Restrictions on imports of Chinese potted plants in growing mediumUSEU2002 Not reported EC proposed regulation on maximum residue levels of pesticidesEU Argentina, Bolivia, Brazil, Chile, China, Colombia, Cuba, Honduras, Mexico, Paraguay, Uruguay2003 Not reported

China – Complaints Raised (3/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Revision of standards and specifications for food and additiveJapan2003 Not reported Maximum residue levels for pesticides on foodEU2004 Not reported EC regulation on aflatoxins and Ocratoxin A in foods for infants and young childrenEU2004 Not reported

China – Complaints Raised (4/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Standards and specifications for food additives (boscalid)Japan2004 Not reported US rule on materials derived from cattle and record-keeping requirementsUS2004 Not reported Directives on residual pesticide tolerance and inspection methods for tea ECIndia 2005 Not reported Positive list system for pesticides, veterinary drugs and feed additives MRLsJapan US, Australia, Philippines2005 Not reported

China – Complaints Raised (5/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Restrictions on Ya pears importsUSEC2005 Not reported Safety insurance and quality improvement standards for feed and feed additivesJapan2005 Not reported Import suspension of heat- processed straw and forage for feed Japan 2005 Resolved Import restrictions on wooden Christmas treeUS2006 Not reported

China – Complaints Raised (5/6) Title Member maintaining the measure Members supporting the concern First date raisedStatus Import restrictions on cooked poultry products from ChinaEU2007Resolved Import restrictions on cooked poultry products from ChinaUS2007 Not reported Restrictions on apples US 2008 Not reported

China – Measures Maintained (1/4) Title Members raising the concern Members supporting the concern First date raisedStatus Food safety regulations affecting agricultural products produced from modern biotechnologyUnited States Argentina, Australia, Canada2002 Not reported Import restrictions for citrus and other fruits related to fruit flyArgentinaCanada2002Resolved

China – Measures Maintained (2/4) Title Members raising the concern Members supporting the concern First date raisedStatus Import ban on products of Dutch originEU2002Resolved Import requirements for cosmeticsEU2002 Not reported Zero tolerance for e-coliUS2002 Not reported Regulation on wood packaging materialEU2002 Not reported

China – Measures Maintained (3/4) Title Members raising the concern Members supporting the concern First date raisedStatus Quarantine measures for the entry and exit of aquatic productsEUUS2003Resolved Lack of transparency for certain SPS measuresUS2004 Not reported Measures on US poultryUSCanada2004Resolved Import restrictions on products of animal origin due to dioxinEU2007Resolved

China – Measures Maintained (4/4) Title Members raising the concern Members supporting the concern First date raisedStatus Zero tolerance for pathogens on raw meat and poultry productsUS2007 Not reported Application of regionalization and prohibition of bovine meatBrazilUS2007 Not reported Avian influenza restrictionsUS2007 Not reported Varietal restrictions on US applesUS2007 Not reported

What is « equivalence »? Article 4 Members shall accept the sanitary and phytosanitary measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if the exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Member’s appropriate level of sanitary and phytosanitary protection

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

Equivalence – in practice How determine if another measure / process / product is equally safe? –Is aging equivalent to pasteurization re: cheese safety? –Can cold treatment replace fumigation? –Can vaccination ensure disease freedom? What is the ALOP (acceptable risk level)?

Equivalence – Committee Guidelines (G/SPS/19/Rev.2) Can be requested for individual measures / products or whole systems Importing country should identify risks and explain its ALOP Importing country should provide its risk assessment or technical justification for its own measure Respond to requests within 6 months

Equivalence – Committee Guidelines (G/SPS/19/Rev.2) Take into account current history of trade Provide technical assistance to developing countries who request recognition of equivalence Notify SPS Committee when equivalence is recognized SPS Committee to follow recognition agreements, bilateral arrangements Encourage Codex, OIE and IPPC to develop guidelines for equivalence

Equivalence - Notifications Two notifications so far: Dominican Republic – USA Panama – United States

SPS and Developing Countries Preamble: “Recognizing that developing country Members may encounter special difficulties in complying with the sanitary or phytosanitary measures of importing Members, and as a consequence in access to markets, and also in the formulation and application of sanitary or phytosanitary measures in their own territories, and desiring to assist them in their endeavours in this regard;”

Special and Differential Treatment Article 10: –Take account of the special needs of developing countries, and in particular of the least developed countries. –Longer time frames for compliance, whenever appropriate level of protection allows it. –Upon request to the SPS Committee, ask for specified, time-limited exceptions from the Agreement. –Encourage participation in international organizations.

S&D: SPS Agreement Annex B – Transparency (Publication of Regulations) Para. 2 - Except in urgent circumstances, Members shall allow a reasonable interval between the publication of a sanitary or phytosanitary regulation and its entry into force in order to allow time for producers in exporting Members, and particularly in developing country Members, to adapt their products and methods of production to the requirements of the importing Member.

S&D: SPS Agreement More time for compliance with new regulations Article 10.2: when measures phased in, no less than 6 months (if ALOP allows) Annex B.2: normally allow at least 6 months between publication and entry into force Doha Ministerial Decision on Implementation (WT/MIN(01)/17)

Gretchen H. Stanton The World Trade Organization Centre William Rappard rue de Lausanne 154 CH–1211 Geneva 21 Switzerland Tel: +41 (0) website: