PETER CHEN Counsellor (Agr) The Canadian Embassy 2008/12/02 Hang Zhou, China Implementing WTO/SPS Agreement: Canadian Experience

2 OUTLINE  WTO SPS/TBT Agreements  International Standards  Risk Assessment/Science  Roles & Responsibilities in Canada  Canadian Application of SPS Measures  Canadian Examples

3 SPS Agreement  “Agreement on the Application of Sanitary and Phytosanitary Measures”  Related to TBT Agreement  Permits SPS measures necessary to protect human, animal or plant life/health  But not as “disguised barriers to trade”  Prevent arbitrary/unjustified discrimination between countries where the same conditions prevail  Transparency in applying SPS measures

4 International Harmonization &Equivalence  WTO encourages harmonized approach SPS measures to be based on international standards, guidelines & recommendations Condex (food), OIE (Animal) & IPPC(plant) May introduce higher level of protection if scientifically justified (by Article 5) e.g. selenium in corn under certain circumstance Equivalence is encouraged.. If measures meet ALOP (protection) of importing Members ALOP = “ Acceptable Level of Risk ”

5 RISK ASSESSMENT and SCIENCE  Measures are based on assessment of risk  Take into account risk assessment methods techniques developed by international org’s  Take into account available scientific evidence  Take into account relevant economic factors  Consistency across Members and over time  No more trade restrictive than necessary  Where relevant scientific evidence is insufficient, permits provisional adoption of measures, but seek to obtain additional info within a reasonable time period

6 SPS MEASURES INCLUDE: All relevant laws, decrees, regulations Requirements and procedures including end product criteria (processed vs raw:Se in raw peas vs starch) Processing/production methods (how/results) Testing, inspection, certification, approval procedures Provisions on statistical methods: sampling procedures Methods of risk assessment Packaging, labelling requirements related to food safety (e.g. Omega 3 verification in CA)

7 PRINCIPLE & ROLE OF SCIENCE IN DECISIONS Based on sound scientific analysis Consider legitimate factors relevant to the protection of health, fair practice of trade Food labelling (TBT) and IPPC marks play an important role to achieve the objectives when difference in views, members may abstain from acceptance of a relevant international standard (e.g. Se std Codex)

8 SPS RESPONSIBLITIES IN CANADA  HEALTH Dept of CANADA Sets health/safety policies & standards, for all food sold in Canada Administers the FDA related to health, safety Approves use of veterinary drugs in livestock, of pesticides in plants and sets Maximum Residual Limits (MRL) Conducts health risk assessment chemical, microbial contaminations, natural toxicants, food additives, novel & GM food

9 SPS RESPONSIBLITIES IN CANADA  CANADIAN FOOD INSPECTION AGENCY (CFIA) responsible for:  Enforcing the FDA, the policies, standards set by Health Canada governing all food sold in CA  Provides inspection services related to food safety, SPS fraud, trade-related requirements  Work Programs including: quality/grade, animal diseases, plant/forestry products pests  Conducts inspection services at 18 regions  Provides single access food labelling services  Implementing bilateral access agreements

10 SPS IMPLEMENTATION IN CANADA  Across Canada: over 700 specialists (vet, scientist, chemists, biologists, lab technicians)  14 CFIA Labs and with 7 other govt departments (Sci tech support) to test: Pesticide residuals (e.g. CN questioned CA std) Veterinary drug residuals (rectopamine MRL, GMO, enviro pigs) Food ingredients, additives (health/safety) Contaminants (environmental Se, processing add in) Nutrition and composition (Omega-3)

11 CANADIAN IMPLEMENATION EXPERIENCE  EXAMPLE: Selenium level in Cdn peas 2006 exports of Cdn peas exceeded Chinese Se standard of 0.3ppm China ’ s CIQs implement a GB of 1990s Codex has no standard for Se - international Health experts of China and Canada (MoH-HC) Working Group to discuss Se risk MoH conducted a risk assessment with input from Cdn Dept of Health Scientific consensus: natural Se-a nutrient, not a contaminant But changing a standard takes time AQSIQ/CIQ implement new std once changed (e.g. CN questioned CA difference in MRL: sweet potato vs potato)

12 CANADIAN IMPLEMENATION EXPERIENCE  NAPPO AGM draft regulations (transparency) NAPPO proposed measures to prevent AGM and circulated draft regs for consultation China, Japan, Korea concerned the impact on trade, providing comments The key concern: unnecessarily impact trade The challenge: how to protect the forestry but affect trade as little as possible NAPPO and North Asia to discuss AGM prevention to reach the balance A transparent plurilateral consultation and based on science SPS committee as one mechanism

13 e.g:WOOD PACKAGING MATERIALS: IPPC MARK  Most trade shipments involve Wood Packaging Materials (WPM) - governed by ISPM#15  ISPM-15: “guideline for regulating WPM in international trade” issued by IPPC  Future shipments must meet this requirement  Problems: non-compliance happens  1. claim treated wood, but detected live pests (investigate what/why? Effective treat? or negligence, or other pests in food)  2. some counterfeited phytosanitary certificates were used (solution: IPPC Mark with e-certification)

14 Observation and Remarks  Scientific justification requires risk analysis  Consistency across Members and over time  Importance of Bilateral and multilateral consultation (FAO/WHO science, WTO policy)  Need to work together for world trade of safe ag, food and forestry products  Commitment to the implementation process.