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RTAs and SPS provisions

RTAs and SPS provisions. Analysis of 194 RTAs – notified and in force as of November 2010 Do the RTAs “go beyond” the SPS Agreement and if so, in what way?. Amount of RTAs that contain SPS provisions. Percentage of RTAs that contain SPS provisions. RTAs with SPS provisions.

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RTAs and SPS provisions

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  1. RTAs and SPS provisions • Analysis of 194 RTAs – notified and in force as of November 2010 • Do the RTAs “go beyond” the SPS Agreement and if so, in what way?

  2. Amount of RTAs that contain SPS provisions

  3. Percentage of RTAs that contain SPS provisions

  4. RTAs with SPS provisions 73 RTAs – Simple SPS provision/s 53 RTAs - Dedicated SPS Chapter

  5. Overview • Seventy-three ‘simple’ SPS provisions • Often: General affirmation of the SPS Agreement • Also present: Harmonization, technical cooperation .. • Generally, non-mandatory language “should” or “agree to facilitate”,or loosely formulated obligations such as “shall apply SPS measures in a non-discriminatory fashion” .. • Fifty-three SPS Chapters • Most often comprehensive Also present: Annexes, Memorandums of Understanding, Implementing Arrangements , Side Letters ..

  6. Substantive coverage • Harmonization – 44 RTAs • Equivalence – 39 RTAs • Risk assessment – 15 RTAs • Regional conditions – 24 RTAs • Transparency – 46 RTAs • Control, inspection and approval procedures – 26RTAs • Technical assistance and cooperation – 41 RTAs • Special and differential treatment - 0 RTAs • SPS consultations and dispute settlement – 51 RTAs • SPS institutional arrangements – 59 RTAs

  7. Harmonization - 44 • Harmonization to non-international standards • Harmonization generally • Mirror SPS Agreement • Expand on SPS Agreement: • “Other relevant organizations” • “Specialized regional fora” • Specific regional organization (North American Plant Protection Organization) 28 16

  8. Transparency - 46 • Only SPS-specific transparency provisions • Mirror SPS Agreement • Expand on SPS Agreement • Contact / focal points • Details on notifications (for example disease breakouts) • Notifications to a regional authority 6 40

  9. SPS institutional arrangements (59): Overview • With two exceptions, concluded either among developing countries, or between developing and developed countries • No geographical trend • Joint Working Group, Expert group, Joint SPS Committee .. Parties’ representatives from relevant governmental bodies • Discretionary – often indication to hold meetings at least every two years

  10. SPS institutional arrangements: Review implementation • Enhance mutual understanding of parties’ national SPS measures • Transparency .. • Forum for cooperation • Capacity building, technical assistance, exchange of experts • Forum for consultations • Positions for participation in int’l for a, scientific working groups, dispute settlement • No legally enforceable decisions, but can further operation of RTA by creating implementing arrangements, reviewing agreement ...

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