SPS Committee: Second Review, Regionalization and

Transparency

SPS Committee: Second Review, Regionalization and

Transparency

Gretchen H. StantonSenior Counsellor

Agriculture and Commodities Division

2

Review of SPS AgreementReview of SPS Agreement

• Article 12.7:

3 years after entry into force– First Review completed March 1999 (G/SPS/12)

• Ministerial Decision:

reviews at least every 4 years– Second Review completed June 2005 (G/SPS/36) – Third Review to be completed in 2009

3

Issues arising from Second Review Issues arising from Second Review

• Transparency• Good offices of the Chair/ specific concerns• Relationship with 3 sisters• Undue delays• Good Regulatory Practices• Implementation of control measures (Article 8)• Examination of relationship between the right to

maintain SPS measures and the “least trade restrictive” obligation

• Clarification of “measure” vs. “regulation”• Pest- and disease-free areas• Database

4

Third ReviewThird Review

• Procedure agreed - G/SPS/W/228• Background document – G/SPS/GEN/887• Members to identify issues for consideration

– 28 November 2008– 9 February 2009

• Members to submit papers on issues proposed for Review– 9 February 2009– 27 March 2009

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Article 6:

Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas

and Areas of Low Pest or Disease Prevalence

“Regionalization”

Article 6:

Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas

and Areas of Low Pest or Disease Prevalence

“Regionalization”

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Regionalization Regionalization

• Adapt measures based on prevalence

of pests or diseases in a region

• Can be – All or part of a country– All or part of several countries

• Consider conditions of both exporting and importing region(s)

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Regionalization Regionalization

• Take into account– geography– ecosystems– epidemiological surveillance– effectiveness of eradication and control programmes– OIE and IPPC guidelines

• Exporter to provide evidence– Reasonable access for inspection by importer

8

Regionalization – SPS CommitteeRegionalization – SPS Committee

Guidelines adopted May 2008 - G/SPS/48

Objective of the guidelines:• Improve transparency, exchange of information,

predictability, confidence and credibility between importing and exporting Members– Indicate who does what– Time frames– References to work of OIE and IPPC

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Guidelines:

I. General Considerations

II. Initial Discussions:• Clarify the process, required information,

calendar (if possible)

III. Typical Administrative Steps

IV. Expedited Procedure

V. Monitoring

Regionalization – SPS CommitteeRegionalization – SPS Committee

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Regionalization – SPS CommitteeRegionalization – SPS Committee

• 19 STCs related directly to application of concept of regionalization

• Commmittee will monitor implementation (statement of the EC at last mtg regarding meat exports from Argentina, Brazil, Uruguay)

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– Official recognition of freedom from 4 diseases - specific procedures for each disease

• FMD • Rinderpest• Contagious bovine pleuropneumonia• Bovine spongiform encephalopathy

– Recommendations on how to establish and maintain free zones

– Recommendations on “compartmentalization”

Regionalization –OIE Regionalization –OIE

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OIE - Self recognitionOIE - Self recognition

• Member Countries can also declare themselves free of diseases for which there is no specific OIE procedure

– they must provide the relevant epidemiological information to importing countries in proof of their position.

– the data provided must conform to the standard measures contained in the Terrestrial Animal Health Code

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OIE Code definitionsOIE Code definitions

• Zone– a clearly defined part of a country …

• Compartment– one or more establishments under a common biosecurity

management system …

... containing an animal subpopulation with a distinct health status with respect to (a) specific disease(s)for which required surveillance, control and biosecurity measures have been applied for the purpose of international trade

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Regionalization - IPPCRegionalization - IPPC

• ISPM No. 04 (1995)

• ISPM No. 08 (1998)

• ISPM No. 10 (1999)

• Requirements for the establishment of Pest Free Areas

Determination of pest status in an area

• Requirements for the establishment of pest free places of production and pest free production sites

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Regionalization - IPPCRegionalization - IPPC

• ISPM No. 22 (2005)

• ISPM No. 26 (2006)

ISPM No. 29 (2007)

• Requirements for the establishment of areas of low pest prevalence

• Establishment of pest free areas for fruit flies (Tephritidae)

• Recognition of pest free areas and areas of low pest prevalence

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Why Transparency?Why Transparency?

• Enhanced clarity, predictability

• Affects market access

• Legal obligations under the SPS Agreement

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Transparency elementsTransparency elements

Obligations - Article 7, Annex B• Notification of draft SPS regulations• Publication of SPS regulations• Enquiry points

– Provides answers to reasonable questions

Beyond obligations• Taking advantage of notifications

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New or modified regulation+

No existing international standard or Different than the international standard

+Significant impact on trade(restricting or facilitating)

What to notify? --- Legal Obligations

NOTIFY

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New or modified regulation or adoption of final rules

+No existing international standard or

Different than the international standardeven if based on international standard

+Significant impact on trade(restricting or facilitating)

even if just for one Member

What to notify? -- Recommendations(G/SPS/7/Rev.3)

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When to notify?

Emergency measures IMMEDIATELY!!

Regular measures

Allow 60 day comment period!!Allow 60 day comment period!!

When modifications are still possible(draft text)

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Addenda, Corrigenda and RevisionsAddenda, Corrigenda and Revisions

• Addendum – provide additional information or changes to an original notification

• Corrigendum – used to correct an error in an original notification

• Revision – replaces an existing notification

Addendum & corrigendum must be read in conjunction with the original notification

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What else to notify?

SPS Committee:• Recognition of equivalence• Recognition of pest- or disease-free status

– Measure recognized– Products affected

• Special and differential treatment (G/SPS/33)– If an exporting developing Member has difficulties

with a notified measure

• Availability of informal translations

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TranslationsTranslations

If they exist or are plannedIdentify them.

Send them.

Developed countries:

furnish documents or summaries in

WTO working language

Developed countries:

furnish documents or summaries in

WTO working language

Unofficial translationsUnofficial translations

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Notifications circulated Notifications circulated

0

100

200

300

400

500

600

700

800

900

1000

# n

oti

fica

tio

ns

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

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Members notifying since 1995 Members notifying since 1995

020406080

100120140160

DevelopedCountries

DevelopingCountries

Least-developedcountries

Total

Num

ber

of M

embe

rs

Not notified

Notified

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SPS Notifications – Regional Breakdown (1995-2007)

Latin America and the Caribbean

19%

Africa and the Middle East

3%

Asia29%

Europe12%

North America34%

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TransparencyNumber of notifications, January 1995 – November 2008

227337

58 38 110

413

1887

0

200

400

600

800

1000

1200

1400

1600

1800

2000

No

tifi

ca

tio

ns

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Publication of regulationsPublication of regulations

Publish what?Publish what?SPS regulationsSPS regulations

PromptlyPromptlyWhen?When?

allow a reasonable interval (6 months) before entry into

force(except in urgent

circumstances)

allow a reasonable interval (6 months) before entry into

force(except in urgent

circumstances)

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Transparency timelineTransparency timeline

1. Drafting of the regulation

2. Publication of a notice

3. Notification to other Members

4. Draft text upon request (or website)

5. Receive & discuss comments

7. Adoption of the regulation

8. Publication of the regulation...

Tim

e...

9. Entry into force of the regulationMin. 6 months

Min. 60 days

6. End of comment period

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Enquiry Point

Other government bureausPrivate sector

Geneva missionOIE, Codex, and IPPC

WTO Secretariat

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Using the Enquiry Point: Beyond Obligations

• Collect/disseminate SPS information– SPS documents

– SPS notifications received that could affect exports

• Inform other government agencies, private sector• Coordinate comments on other

countries’ notifications