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Quality and Safety Regulations in Fish Trade

Quality and Safety Regulations in Fish Trade. by Esther Garrido Food Safety and Quality Specialist Products, Trade and Marketing Branch, FAO & Iddya Karunasagar. 1.The WTO Agreement on the Application of Sanitary and Phytosanitary Measures. SPS Agreement.

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Quality and Safety Regulations in Fish Trade

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  1. Quality and Safety Regulations in Fish Trade by Esther Garrido Food Safety and Quality Specialist Products, Trade and Marketing Branch, FAO & Iddya Karunasagar

  2. 1.The WTO Agreement on the Application of Sanitary and Phytosanitary Measures SPS Agreement

  3. 1.1.What is new in the SPS Agreement? The Agreement on the Application of Sanitary and Phytosanitary Measures sets out the basic rules for : • food safety • animal health • plant health

  4. 1.2.SPS Agreement Objectives To protect plant, animal and consumers health To ensure fair trade practices in food production and distribution To facilitate international trade in food

  5. 1.3.What is the SPS Committee? • The SPS Agreement established a Committee on sanitary measures, to provide a forum for governments to discuss food safety and animal health measures which affect trade. • The SPS committee is open to all the WTO member countries. • Representatives of several intergovernmental organizations are observers: Codex, OIE, WHO, UNCTAD, ISO.

  6. 1.4.Codex and OIE • With regard to food safety measures, members should base their national measures on international standards, guidelines adopted by Codex Alimentarius Commission (CAC). • For Animal life and health, measures should be based on standards and guidelines adopted by the International Office of Epizootics (OIE).

  7. 1.4.CODEX: Code of practice for fish and fishery products ftp://ftp.fao.org/codex/publications/Booklets/Practice_code_fish/CCFFP_2012_FR.pdf

  8. 1.4.CODEX: Food import and export inspectionand certification systems ftp://ftp.fao.org/codex/publications/Booklets/Inspection/CCFICS_2012_FR.pdf

  9. 1.5.How do you know if a measure is SPS or TBT? The SPS Agreement covers all measures whose purpose is to protect: • human or animal health from food-borne risks; • human health from animal- or plant-carried diseases; • animals and plants from pests or diseases; • the territory of a country from damage caused by pests; whether or not these are technical requirements.

  10. 1.5.How do you know if a measure is SPS or TBT? The TBT (Technical Barriers to Trade) Agreement covers all technical regulations: Voluntary standards and the procedures to ensure that these are met, except when these are sanitary or phytosanitary measures as defined by the SPS Agreement.

  11. 2. SPS/TBT Agreements General Principles • Sovereignty • Harmonization • Equivalency • Scientific basis • Transparency • Technical Assistance • Special and differential treatment • Consultation and dispute settlement

  12. 2.1.General Principles: Sovereignty The SPS Agreement establishes basic rights of members (Article 2): • To establish appropriate levels of protection. • Outlines the application of scientific evidence in establishing sanitary/phytosanitary measures. • Prohibits discriminatory, disguised or unnecessary restrictive trade measures.

  13. 2.2.General Principles: Harmonization Establishment, Recognition and Application of Common Sanitary/Phytosanitary Measures by Members (Article 3): • Members shall base Sanitary and Phytosanitary Measures on international standards, guidelines and Recommendations • Measures which conform to international standards are consistent with Agreement • Higher level of protection may be used, justified by a scientific risk assessment (not discriminatory) • Members are to fully participate in relevant international organizations • WTO to monitor progress of international harmonization

  14. 2.3.General Principles: Equivalency Article 4: • Members shall accept other Member measures as equivalent, if final results are the same. • Members shall consult to achieve bilateral and multilateral agreement (Mutual Recognition Agreements).

  15. 2.4.General Principles: Scientific basis Risk Assessment should take into account (Article 5): • available scientific evidence • relevant processes and production methods • inspection/sampling/testing methods • prevalence of specific diseases or pests • existence of pest/disease free areas • ecological/environmental conditions • quarantine or other treatment

  16. 2.4.General Principles: Scientific basis Risk Assessment should take into account (Article 5): • SPS Measures should minimize negative trade effects • Arbitrary or unjustified measures shall not be considered • Members may provisionally adopt international Standards • Protection level shall not be trade restrictive • Explanations may be requested by Members

  17. 2.5.General Principles: Transparency Article 7: • Publication of regulations and provide lead time for comment • Establish Enquiry Point • Establish Notification Procedures • General Reservations (related to Confidential information)

  18. 2.6.General Principles: Technical Assistance Article 10: • Members agree to facilitate technical assistance, especially to developing countries • If substantial investment is needed, technical assistance should be provided

  19. 2.7.General Principles: Special and differential treatment • Members are to consider needs of other Member countries • Time limit exception (granted by SPS Committee upon request) • Longer time frames for compliance with this agreement • Developing countries should actively participate in international organizations

  20. 2.8.General Principles: Consultation and dispute settlement Article 11: • Rules established by GATT (Article XXII and XXIII) • Technical/Scientific - advise from experts, advisory panels or relevant international organizations • Other existing international agreements may be used

  21. 2.9.General Principles: Consultation and dispute settlement Administration ,The SPS Committee was established to (Article 11): • encourage the use of International Standards • maintain contact with international organizations • develop procedures to monitor harmonization • monitor for duplication of procedures • examine specific standards • review operational procedures after3 years

  22. 3. SPS Achievements and Challenges Harmonization Equivalence Scientific basis Special and differential treatment/Technical assistance

  23. 3.1.Achievements and Challenges: Harmonization Achievements: • HACCP-based systems widely accepted • Codex Alimentarius Commission accepted as the international standards setting body Shortcomings: • Different inspection and control schemes • Different fish standards applied • High rates of detentions/rejections

  24. 3.2.Achievements and Challenges: Equivalence Achievements: • “Food chain” and “Control at source” approaches • Cost-effectiveness of these approaches Shortcoming: • Very few agreements

  25. 3.3. Achievements and Challenges: Scientific basis Achievements: • Risk analysis widely accepted • National and International work undertaken Shortcomings: • Needs exceed by far activities undertaken • Lack of resources in developing countries • Many standards not scientifically based

  26. 3.4.Special and differential treatment/Technical assistance Achievements: • Regional and national initiatives (EC-ACP) • STDF (Standard and Trade Development Fund) • Trust Fund for CAC Shortcomings: • Developing countries obliged to meet market requirements • Needs exceed by far initiatives • Lack of resources in developing countries • Many standards not scientifically based

  27. 3.5."Example of a risk assessment leading to standard development at international level" • When Listeria Monocytogenes was identified as a foodborne pathogen, the first response of the regulators was to have zero tolerance. • This affected trade because industry can not achieve zero. • This then led to request to FAO/WHO to do MRA MICROBIOLOGICAL RISK ASSESSMENT A scientific process which consists of determining the likelihood and severity of an adverse health effect in a population exposed to a certain pathogen/food combination

  28. 3.5.And example:

  29. 3.5.Exposure assessment model

  30. 3.5. FACTORS USED TO MODEL EXPOSURE • Production and consumption of smoked fish products. • Contamination rates and levels. • Time and temperature of storage. • Physico-chemical parameters of cold-smoked fish. • Growth potential and microbial ecology of vacuum-packed products.

  31. 3.5.Codex standard: CAC/GL 61 - 2007 GUIDELINES ON THE APPLICATION OF GENERAL PRINCIPLES OF FOOD HYGIENE TO THE CONTROL OF LISTERIA MONOCYTOGENES IN FOODS

  32. 6.Scientifically based standards led to harmonization What does harmonization mean? Harmonization with international food safety standards means basing national requirements on the standards developed by the FAO/WHO Joint Codex Alimentarius Commission. They are based on the input of leading scientists in the field and national experts on food safety who operate without political interference. In many cases, the standards developed by Codex are higher than those of individual countries.

  33. 7.What difficulties do developing countries face in implementing the SPS Agreement? Will they receive any assistance in this regard? The SPS Agreement delayed all requirements, other than those dealing with transparency (notification and the establishment of Enquiry Points), until 1997 for developing countries, and until 2000 for the least developed countries. This means that these countries were not required to provide a scientific justification for their sanitary or Phytosanitary requirements before that time. Countries which needed Longer time periods, for example for the improvement of their veterinary services or for the implementation of specific obligations of the agreement, could request the SPS Committee to grant them further delays.

  34. 8.Conclusions National governments and international Organizations such as WTO, FAO, OIE, etc., try to set up fair and scientific based rules with regard to food safety measures to facilitate trade between countries.

  35. Potential Markets and Regulations Risk-based approach systems to ensure the safety of imported fishery and aquaculture products

  36. EU Countries, members of WTO The EU, a Potential Market

  37. Useful Websites EUR-Lex http://eur-lex.europa.eu/homepage.html Export Helpdesk http://exporthelp.europa.eu/thdapp/index.htm http://exporthelp.europa.eu/thdapp/display.htm?page=rt/rt_SanitaryAndPhytosanitaryRequirements.html&docType=main&languageId=EN

  38. EU, Food safety and hygiene: • REGULATION (EC) No 178/2002 • REGULATION (EC) No 852/2004 (derogated by Commission Regulation (EC) No. 2074/2005) • REGULATION (EC) No 853/2004 (amended by Commission Regulation (EC) No. 2074/2005) • COMMISSION DECISION 2006/765/EC • COMMISSION REGULATION (EC) No 450/2009 • REGULATION (EC) No 1935/2004 • REGULATION (EC) No 1333/2008 (Annex II amended by Commission Regulation (EC) No. 1129/2011 and No. 1068/2013) (Annex III amended by Commission Regulation (EC) No. 1130/2011) (Annexes II and III laid down in Commission Regulation (EU) No 231/2012 (amended and corrected by Commission Regulation (EC) No. 1274/2013)) (Annexes II and III amended by Commission Regulation (EC) No. Commission Regulation (EC) No. 817/2013) (Annexes II and III amended and corrected by Commission Regulation (EC) No. 1274/2013) • REGULATION (EC) No 1334/2008 • REGULATION (EC) No 2065/2003 • COMMISSION IMPLEMENTING REGULATION (EU) No 1321/2013 • COMMISSION REGULATION (EC) No 1881/2006

  39. Fish and fishery products requirements: • Commission Implementing Regulation (EU) No 1420/2013 • COMMISSION REGULATION (EEC) No 3703/85 • COMMISSION REGULATION (EC) No. 1250/2008 (amending Regulation (EC) No. 2074/2005)

  40. Consumer information: • REGULATION (EU) No 1379/2013 • COMMISSION IMPLEMENTING REGULATION (EU) No 1420/2013 • REGULATION (EC) No 1924/2006 • REGULATION (EU) No 1169/2011 (amended by REGULATION (EU) No 1169/2011 (amended by REGULATION (EC) No 109/2008)) (amended by COMMISSION REGULATION (EU) No 116/2010)(amended by REGULATION (EC) No 107/2008)

  41. Controls: • REGULATION (EC) No 882/2004 (laid down in by Commission Regulation (EC) No. 2074/2005) • REGULATION (EC) No 854/2004 (derogated by Commission Regulation (EC) No. 2074/2005) • COMMISSION REGULATION (EC) No 2073/2005 • Council Regulation (EC) No 2406/96 • COMMISSION DECISION of C1 14 August 2002 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results. • COMMISSION REGULATION (EC) No 333/2007 • COMMISSION REGULATION (EC) No 2074/2005 • COMMISSION DECISION 2006/766/EC

  42. By-products: • COMMISSION REGULATION (EU) No 294/2013 of 14 March 2013 amending and correcting Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 • REGULATION (EC) No 1069/2009

  43. By-products controls: • COMMISSION REGULATION (EU) No 142/2011 (amended by Commission Regulation (EU) No. 749/2011) • COMMISSION REGULATION (EU) No 749/2011 • COMMISSION REGULATION (EU) No 1063/2012 • COMMISSION DECISION 2006/766/EC

  44. Japan and FDA EU, the US and Japan have comprehensive, risk-based approach systems to ensure the safety of imported fishery and aquaculture products. Japan: http://www.mhlw.go.jp/english/topics/importedfoods/1.html http://www.japaneselawtranslation.go.jp/?re=02 USA: http://www.fda.gov/food/guidanceregulation/guidancedocumentsregulatoryinformation/seafood/default.htm

  45. FAO GLOBEFISH http://www.globefish.org/homepage.html

  46. Thank you for your attention Esther Garrido Food Safety and Quality Specialist Products, Trade and Marketing Branch (FIPM) Fisheries and Aquaculture Policy and Economics Division (FIP) Food and Agriculture Organization of the United Nations (FAO) & Iddya Karunasagar

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