RTAs and SPS provisions Analysis of 194 RTAs – notified and in force as of November 2010 Do the RTAs go beyond the SPS Agreement and if so, in what way?

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Presentation transcript:

RTAs and SPS provisions Analysis of 194 RTAs – notified and in force as of November 2010 Do the RTAs go beyond the SPS Agreement and if so, in what way?

Amount of RTAs that contain SPS provisions

Percentage of RTAs that contain SPS provisions

RTAs with SPS provisions 53 RTAs - Dedicated SPS Chapter 73 RTAs – Simple SPS provision/s

Overview Seventy-three simple SPS provisions Often: General affirmation of the SPS Agreement Also present: Harmonization, technical cooperation.. Generally, non-mandatory language should or agree to facilitate, or loosely formulated obligations such as shall apply SPS measures in a non- discriminatory fashion.. Fifty-three SPS Chapters Most often comprehensive Also present: Annexes, Memorandums of Understanding, Implementing Arrangements, Side Letters..

Substantive coverage Harmonization – 44 RTAs Equivalence – 39 RTAs Risk assessment – 15 RTAs Regional conditions – 24 RTAs Transparency – 46 RTAs Control, inspection and approval procedures – 26RTAs Technical assistance and cooperation – 41 RTAs Special and differential treatment - 0 RTAs SPS consultations and dispute settlement – 51 RTAs SPS institutional arrangements – 59 RTAs

Harmonization - 44 Harmonization to non-international standards Harmonization generally Mirror SPS Agreement Expand on SPS Agreement: Other relevant organizations Specialized regional fora Specific regional organization (North American Plant Protection Organization) 28 16

Transparency - 46 Only SPS-specific transparency provisions Mirror SPS Agreement Expand on SPS Agreement Contact / focal points Details on notifications (for example disease breakouts) Notifications to a regional authority 6 40

SPS institutional arrangements (59): Overview With two exceptions, concluded either among developing countries, or between developing and developed countries No geographical trend Joint Working Group, Expert group, Joint SPS Committee.. Parties representatives from relevant governmental bodies Discretionary – often indication to hold meetings at least every two years

SPS institutional arrangements: Review implementation Enhance mutual understanding of parties national SPS measures Transparency.. Forum for cooperation Capacity building, technical assistance, exchange of experts Forum for consultations Positions for participation in intl for a, scientific working groups, dispute settlement No legally enforceable decisions, but can further operation of RTA by creating implementing arrangements, reviewing agreement...