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Mr Marinus Huige Chairman, WTO SPS Committee

Geneva Dialogue on China’s Sustainable Trade Strategy Panel two: Standards, market and public policy objective. Mr Marinus Huige Chairman, WTO SPS Committee. WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The right to protect human, animal

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Mr Marinus Huige Chairman, WTO SPS Committee

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  1. Geneva Dialogue on China’s Sustainable Trade StrategyPanel two: Standards, market and public policy objective Mr Marinus Huige Chairman, WTO SPS Committee

  2. WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) The right toprotect human, animal or plant life or health Avoiding unnecessary barriers to trade

  3. from from from from SPS measures to be taken only when necessary to protect: Human or risks arising from additives, animal health contaminants, toxins or disease organisms in food, drink, feedstuff Human life plant- or animal-carried diseases Animal or pests, diseases, disease-causing plant life organisms A country other damage caused by entry, establishment or spread of pests

  4. If necessary to impose an SPS measure: Where to start (1)? Is there a relevant international standard (Codex, IPPC or OIE)?  Yes Does the measure “conform to” the int’l standard? If yes, then the measure is OK (“safe harbour”)

  5. Where to start (2)? Is there a relevant international standard? Yes Does the measure “conform to” the int’l standard? (Or if there is no int’l standard) NO Is their sufficient scientific evidence // an appropriate risk assessment to maintain the measure?

  6. Article 3.3 Members may introduce or maintain SPS measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the ALOPin accordance with the relevant provisions of paragraphs 5.1 – 5.8 Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines or recommendations shall not be inconsistent with any other provision of this Agreement. * For the purposes of paragraph 3 of Article 3, there is a scientific justification if, on the basis of an examination and evaluation of available scientific information in conformity with the relevant provisions of this Agreement, a Member determines that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of sanitary or phytosanitary protection.

  7. International standards and scientific justication concerns at the WTO

  8. Specific Trade Concerns by Area (1995-2007) -G/SPS/GEN/204/Rev.8 (Adds. 1-3)

  9. Some specific trade concerns raised in the SPS Committee regarding measures by China

  10. Some specific trade concerns raised by China in the SPS Committee

  11. Some specific trade concerns raised in the SPS Committee regarding measures by India

  12. Some specific trade concerns raised in the SPS Committee regarding measures by India

  13. Some specific trade concerns raised in the SPS Committee regarding measures by the US

  14. Some specific trade concerns raised in the SPS Committee regarding measures by the US

  15. Some specific trade concerns raised in the SPS Committee regarding measures by the EC

  16. Some specific trade concerns raised in the SPS Committee regarding measures by the EC

  17. Some specific trade concerns raised in the SPS Committee regarding measures by the EC

  18. Last but not least: The need for Transparency New or modified regulation + No existing international standard or Different than the international standard + Significant impact on trade (restricting or facilitating) NOTIFY

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