Dispute Mediation Procedures The WTO Framework The OIE Framework Dr Gillian Mylrea Deputy Head, International Trade Department World Organisation for Animal Health

Dispute mediation procedure The WTO Framework Informal procedures: 1. Raise a Specific Trade Concern at SPS Committee meetings:  about SPS measures applied  often triggers bilateral discussions. If cannot resolve the matter: 2. ‘Good Offices by the Chair’  Parties request meeting with the Chair of the SPS Committee.

Dispute mediation procedure The WTO Framework Formal procedure WTO Dispute Settlement Mechanism -covers trade disputes under the various WTO Agreements, including SPS Agreement; -a dispute arises when a WTO Member believes another Member is violating an agreement or a commitment that it has made in the WTO; -a well defined structure and timeframe; -findings of the WTP Panel are binding; -very expensive for both Members: involves lawyers, technical experts.

Dispute mediation procedure The WTO Framework WTO Dispute Settlement Mechanism To date, the OIE has provided scientific and technical advice to all WTO Panels on disputes that concern animal health issues.

Dispute mediation procedure The OIE Framework  Voluntary, science based approach to resolve differences between OIE Members:  Not legally binding.

OIE Framework Initiation of the procedure: In case where a OIE Member considers that another Member does not comply with OIE standards; Request from both parties; Environment for friendly bilateral discussions. 6

OIE Framework A cooperative process Voluntary All parties consent in writing OIE experts: both parties agree Confidential Solution only binding if both parties previously agreed Termination at any time on request from one or both party(ies) 7

OIE Framework Designation of the experts Director General recommends a number of experts; Parties agree on proposed experts; Experts: neutral, independent and impartial; Experts try to find a science based consensus solution. 8

OIE Framework Conduct of the mediation procedure Parties must cooperate in good faith Start: inventory of the problem Parties may nominate additional experts Experts may hold joint or seperate meetings with parties 9

OIE Framework Developing a consensus and conclusion Focus on the scientific and tecnical aspects; Draft report: 1. scientific and tecnical aspects 2. findings and recommendations Draft provided to DG OIE transmits report to the parties. 10

OIE Framework Confidentiality and Administrative procedures All discussions, including final report are confidential, unless otherwise agreed by the parties; Administrative procedures are decided on at the first meeting: language(s), place, costs. 11

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