Current Issues in the SPS CommitteeCurrent Issues in

the SPS Committee

Gretchen H. Stanton

Senior Counsellor

Agriculture and Commodities Division

WTO

The SPS Committee 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 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 CommitteeAgenda - 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)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 (1995-2007)261 TotalSpecific Trade Concerns (1995-2007)261 Total

2

11

24 23

1310

29

42

29

21

31

10

16

0

5

10

15

20

25

30

35

40

45

Nu

mb

er o

f n

ew is

sues

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Plant health, 28%

Animal health, 37%

Food safety, 31%

Other, 4%

Trade Concerns by Subject (1995-2007)Trade Concerns by Subject (1995-2007)

G/SPS/GEN/204/Rev.8 (Adds. 1-3)

Other animal health, 30%

TSE, 36%

FMD, 22%

Avian influenza,

12%

Concerns Related to Animal Health & Zoonoses (1995-2007)Concerns Related to Animal Health & Zoonoses (1995-2007)

Participation by WTO Members (1995-2007)Participation by WTO Members (1995-2007)

169

121

181

126

177

126

1

2

0 20 40 60 80 100 120 140 160 180 200

Members Maintaining theMeasure in Question

Supporting Members

Members Raising theIssue

Developed Countries Developing Countries Least-Developed Countries

Nu

mb

er o

f Is

sues

Solved Trade Concerns (1995-2007)Solved Trade Concerns (1995-2007)

18

75

168

0

20

40

60

80

100

120

140

160

180

No solution reported Solution reported Partial solution reported

Top 10 Members Maintaining Measures Complained AgainstTop 10 Members Maintaining Measures Complained Against

Country Number of measures

European Communities 57

United States 27

Japan 22

Australia 16

China 14

Certain Members 11

Korea, Republic of 11

Brazil 10

India 8

Mexico 8

Top 10 Members Raising SpecificTrade ConcernsTop 10 Members Raising SpecificTrade Concerns

Country Number of measures

United States 71

European Communities 59

Argentina 33

Canada 21

China 19

Brazil 15

Thailand 9

Australia 8

Chile 7

Switzerland 5

Top 10 Members Maintaining Measures – Classification per KeywordTop 10 Members Maintaining Measures – Classification per Keyword

9 measures5%

61 measures34%

60 measures34%

49 measures27%

Food Safety

Animal health

Plant health

Other concerns

Top 10 Members Raising Concerns – Classification per KeywordTop 10 Members Raising Concerns – Classification per Keyword

12 measures5%

60 measures27%

96 measures43%

56 measures25%

Food Safety

Animal health

Plant health

Other

China – Complaints Raised (1/6)China – Complaints Raised (1/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Import restrictions on prawns and prawn products; revised generic IRA for prawns and prawn products Australia

Thailand,

Sri Lanka, Indonesia, Malaysia, Philippines, Viet Nam, EC 2001

Not reported

Notification on Chinese fruit imports Philippines 2002

Partially resolved

Amendment of the food sanitation law Japan Korea 2002

Not reported

China – Complaints Raised (2/6)China – Complaints Raised (2/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Restrictions on imports of Chinese potted plants in growing medium US EU 2002

Not reported

EC proposed regulation on maximum residue levels of pesticides EU

Argentina, Bolivia, Brazil, Chile, China, Colombia, Cuba, Honduras, Mexico, Paraguay, Uruguay 2003

Not reported

China – Complaints Raised (3/6)China – Complaints Raised (3/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Revision of standards and specifications for food and additive Japan 2003

Not reported

Maximum residue levels for pesticides on food EU 2004

Not reported

EC regulation on aflatoxins and Ocratoxin A in foods for infants and young children EU 2004

Not reported

China – Complaints Raised (4/6)China – Complaints Raised (4/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Standards and specifications for food additives (boscalid) Japan 2004

Not reported

US rule on materials derived from cattle and record-keeping requirements US 2004

Not reported

Directives on residual pesticide tolerance and inspection methods for tea

EC India2005

Not reported

Positive list system for pesticides, veterinary drugs and feed additives MRLs Japan

US, Australia, Philippines 2005

Not reported

China – Complaints Raised (5/6)China – Complaints Raised (5/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Restrictions on Ya pears imports US EC 2005

Not reported

Safety insurance and quality improvement standards for feed and feed additives Japan 2005

Not reported

Import suspension of heat-processed straw and forage for feed

Japan2005

Resolved

Import restrictions on wooden Christmas tree US 2006

Not reported

China – Complaints Raised (5/6)China – Complaints Raised (5/6)

Title

Member maintaining the measure

Members supporting the

concern

First date

raised Status

Import restrictions on cooked poultry products from China EU 2007 Resolved

Import restrictions on cooked poultry products from China US 2007

Not reported

Restrictions on applesUS

2008

Not reported

China – Measures Maintained (1/4)China – Measures Maintained (1/4)

Title

Members raising the

concern

Members supporting the

concern

First date

raised Status

Food safety regulations affecting agricultural

products produced from modern biotechnology United States

Argentina, Australia, Canada 2002

Not reported

Import restrictions for citrus and other fruits

related to fruit fly Argentina Canada 2002 Resolved

China – Measures Maintained (2/4)China – Measures Maintained (2/4)

Title

Members raising the

concern

Members supporting the

concern

First date

raised Status

Import ban on products of Dutch origin EU 2002 Resolved

Import requirements for cosmetics EU 2002

Not reported

Zero tolerance for e-coli US 2002Not

reported

Regulation on wood packaging material EU 2002

Not reported

China – Measures Maintained (3/4)China – Measures Maintained (3/4)

Title

Members raising the

concern

Members supporting the

concern

First date

raised Status

Quarantine measures for the entry and exit of

aquatic products EU US 2003 Resolved

Lack of transparency for certain SPS measures US 2004

Not reported

Measures on US poultry US Canada 2004 Resolved

Import restrictions on products of animal origin

due to dioxin EU 2007 Resolved

China – Measures Maintained (4/4)China – Measures Maintained (4/4)

Title

Members raising the

concern

Members supporting the

concern

First date

raised Status

Zero tolerance for pathogens on raw meat and

poultry products US 2007Not

reported

Application of regionalization and

prohibition of bovine meat Brazil US 2007Not

reported

Avian influenza restrictions US 2007

Not reported

Varietal restrictions on US apples US 2007

Not reported

What is « equivalence »?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  

EquivalenceArticle 4EquivalenceArticle 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 practiceEquivalence – 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)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)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 - NotificationsEquivalence - Notifications

Two notifications so far:

• Dominican Republic – USA

• Panama – United States

SPS and Developing CountriesSPS 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 TreatmentSpecial 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 AgreementS&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 AgreementS&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. StantonThe World Trade Organization

Centre William Rappardrue de Lausanne 154CH–1211 Geneva 21

Switzerland

Tel: +41 (0)22 739 50 86email: gretchen.stanton@wto.org

website: www.wto.org