SPS Committee: Second Review, Regionalization and Transparency

1. SPS Committee: Second Review, Regionalization and Transparency Gretchen H. Stanton Senior Counsellor Agriculture and Commodities Division

2. Review 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 • 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 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

5. Article 6: Adaptation to Regional Conditions, Including Pest- or Disease-Free Areas and Areas of Low Pest or Disease Prevalence“Regionalization”

6. 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) Regionalization

7. 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 Regionalization

8. Regionalization – 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

9. Regionalization – SPS Committee Guidelines: • General Considerations • Initial Discussions: • Clarify the process, required information, calendar (if possible) • Typical Administrative Steps • Expedited Procedure • Monitoring

10. Regionalization – 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)

11. Regionalization –OIE • 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”

12. OIE - 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 TerrestrialAnimal Health Code

13. OIE 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 13

14. 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 Regionalization - IPPC

15. 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 Regionalization - IPPC

16. Why Transparency? • Enhanced clarity, predictability • Affects market access • Legal obligations under the SPS Agreement

17. Transparency 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

18. What to notify? --- Legal Obligations New or modified regulation + No existing international standard or Different than the international standard + Significant impact on trade (restricting or facilitating) NOTIFY

19. What to notify? -- Recommendations(G/SPS/7/Rev.3) New or modified regulation or adoption of final rules + No existing international standard or Different than the international standard even if based on international standard + Significant impact on trade (restricting or facilitating) even if just for one Member

20. When to notify? When modifications are still possible (draft text) Regular measures Allow 60 day comment period!! IMMEDIATELY!! Emergency measures

21. Addenda, 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

22. 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

23. Translations If they exist or are planned Identify them. Send them. Unofficial translations Developed countries: furnish documents or summaries in WTO working language

24. Notifications circulated

25. Members notifying since 1995

26. SPS Notifications – Regional Breakdown (1995-2007)

27. TransparencyNumber of notifications, January 1995 – November 2008

28. Publication of regulations Publish what? SPS regulations When? Promptly allow a reasonable interval (6 months) before entry into force (except in urgent circumstances)

29. 9. Entry into force of the regulation Min. 8. Publication of the regulation 6 months 7. Adoption of the regulation 6. End of comment period 5. Receive & discuss comments Min. 60 days 4. Draft text upon request (or website) 3. Notification to other Members 2. Publication of a notice ...Time... 1. Drafting of the regulation Transparency timeline

30. Enquiry Point Other government bureaus Private sector Geneva mission OIE, Codex, and IPPC WTO Secretariat

31. 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