Overview

1. Invasive Alien Species and Trade: Designing Effective Prevention MeasuresInternational Plant Health Risk Assessment WorkshopNiagara Falls, October 2005Stas Burgiel, Ph.D.

2. Overview • Assumptions and perspectives • Context for discussing risk analysis of pests and invasive alien species • Multilateral environmental agreements • Free trade agreements • Principles for designing effective prevention measures

3. Assumption 1:Continued Growth in World Trade • Trade in merchandise • increased 16% to US$7.3 trillion (2003) • increased 21% to US$8.9 trillion (2004) • Commercial services • expanded 12% to US$1.8 trillion (2003) • expanded 16% to US$2.1 trillion (2004) • Developed country exports rose 17% (2003) • Developing country exports to be boosted by WTO Doha Development Round

4. Assumption 2Increasing Threats from Invasives More trade in goods = more introductions More introductions = higher probability of establishment More countries in global trade = more potential habitats of/for invasives Greater variety of goods and modes of transport = greater potential array of invasives and pathways for introduction Faster modes of transport = increased chances of survival System is as strong as its weakest link

5. Assumption 3Prevention is Optimal Strategy • Prevention is the most effective strategy for reducing IAS threats (as opposed to eradication, management and control) • Risk assessment plays a key role in prevention efforts

6. Assumption 4Questionable Effectiveness of Existing System • Small handful of model countries • US • Inspection rate of 1-2% of goods • Reluctance to place invasives on black lists • Under-resourced regulatory authorities • Recent incursions by emerald ash-borer, Asian longhorned beetle, European wood wasp, erythrina gall wasp, blackberry fungus…

7. ResultSituation of Extreme Risk • Look at risks posed by particular species and pathways • Look at risks posed by • overall situation of growth in trade • available regulatory/institutional resources • economic, environmental and human health impacts

8. International Legal Framework ENVIRONMENT TRANSPORT Convention on Biological Diversity Cartagena Protocol on Biosafety Ramsar Convention CITES ITPGRFA Int’l Maritime Organization Int’l Civil Aviation Organization UN Convention on the Law of the Sea TRADE World Trade Organization SPS Agreement Int’l Plant Protection Convention Office Int’l des Epizooties Codex Alimentarius

9. Convention on Biological Diversity • Article 8(h) – Prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species • Guiding Principles addressing prevention, introduction and mitigation of impacts (Dec.VI/23) • Joint work plan with IPPC • Work on gaps and inconsistencies in the international legal framework • Global Plant Conservation Strategy (Target X – management plans for at least 100 major invasive alien species) • Global Taxonomy Initiative • Work programmes on forests, agriculture, drylands, inland waters

10. Cartagena Protocol on Biosafety • Article 15 (Risk assessment) “… to identify and evaluate the possible adverse effects of living modified organisms on the conservation and sustainable use of biological diversity” • Annex III (Risk Assessment) – objectives, use, principles and methodology • Differences with SPS Agreement, Article 5 (Assessment of Risk)

11. Ramsar Convention on Wetlands of Int’l Importance Resolution VIII.18 (Invasive Species & Wetlands) • 12. URGES Contracting Parties to address the problems posed by invasive species in wetland ecosystems in a decisive and holistic manner, making use, as appropriate, of the tools and guidance developed by various institutions and processes, including any relevant guidelines or guiding principles adopted under other conventions; • 14. INSTRUCTS the Ramsar Bureau to continue cooperating as closely as possible with the institutions and processes that are dealing with invasive species issues, particularly those of direct relevance to wetland ecosystems; • 15. URGES Contracting Parties to undertake risk assessments of alien species which may pose a threat to the ecological character of wetlands, taking into account the potential changes to ecosystems from the effects of global climate change, and applying the guidance available in Ramsar’s Risk Assessment Framework(Resolution VII.10);

12. Convention on the Int’l Trade in Endangered Species Conf. 13.10 (Trade in alien invasive species) CONSIDERING that alien species can pose significant threats to biodiversity, and that species of fauna and flora in commercial trade are likely to be introduced to new habitat as a result of international trade; THE CONFERENCE OF THE PARTIES TO THE CONVENTION RECOMMENDS that the Parties: a) consider the problems of invasive species when developing national legislation and regulations that deal with the trade in live animals or plants;

13. Int’l Treaty on Plant Genetic Resources for Food & Agriculture Article 5 – Conservation • 1(a) Survey and inventory plant genetic resources for food and agriculture, taking into account the status and degree of variation in existing populations, including those that are of potential use and, as feasible, assess any threats to them;

14. Multilateral Environmental Agreements: Recap • General, overarching objectives (prevention followed by eradication, management, control) • Less precise on actual steps • More leeway on how to implement • Some financial resources for assistance • Building and integrating data resources • Set the imperative for implementing prevention measures

15. Specific Environmental Obligations (Rights) in Free Trade Agreements Parallel to WTO’s Doha Development Agenda paragraph 31(i) – Specific trade obligations (“With a view to enhancing the mutual supportiveness of trade and environment, we agree to negotiations, without prejudging their outcome, on: (i) the relationship between existing WTO rules and specific trade obligations set out in multilateral environmental agreements (MEAs).

16. Specific Environmental Obligations/Rights:WTO • GATT Article XX (General Exceptions) for measures: • (b) necessary to protect human, animal or plant life or health • (g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption; • SPS Agreement • Article 2(1) – Members have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health... • Article 3(3) – Members may introduce or maintain SPS measures which result in a higher level of SPS 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 level of SPS protection a Member determines to be appropriate…

17. Int’l Plant Protection Convention • Article 1(1) – With the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control, the contracting parties undertake to adopt the legislative, technical and administrative measures specified in this Convention ... • Article 4(2) Responsibilities of an official national plant protection organization shall include: e) the protection of endangered areas and the designation, maintenance and surveillance of pest free areas and areas of low pest prevalence; • ISPM 11 (rev) – Pest risk analysis for quarantine pests including analysis of environmental risks and living modified organisms

18. North American Free Trade Agreement Article 712 (Basic Rights 7 Obligations) 1) Each Party may … adopt, maintain or apply any sanitary or phytosanitary measure necessary for the protection of human, animal or plant life or health in its territory, including a measure more stringent than an international standard, guideline or recommendation. 2) … each Party may, in protecting human, animal or plant life or health, establish its appropriate levels of protection ... Article 2101 (General Exceptions and incorporation of GATT Article XX) 1) … The Parties understand that the measures referred to in GATT Article XX(b) include environmental measures necessary to protect human, animal or plant life or health, and that GATT Article XX(g) applies to measures relating to the conservation of living and non-living exhaustible natural resources.

19. Free Trade Agreements:Recap • More precise language on how states can regulate invasive alien species • Yet legal precision can run afoul of biological realities • Generally includes right (vs. obligation) to take environmental measures • Despite “mutual supportiveness,” trade law rules the roost

20. Prevention & International Trade Rules: Principles for Action 1) Design prevention measures to be consistent with the legitimate objectives of the SPS agreement and other WTO agreements • The goals of WTO Agreements do not take primacy over prevention measures that further MEA goals, as these are of equal status under international law. • The prohibition against trade discrimination implicates only prevention measures that are arbitrary or unjustifiable. • Prevention measures that pursue legitimate, non-discriminatory objectives and that are applied in a non-discriminatory fashion do not violate the WTO. • National prevention measures and objectives can serve as a catalyst for regional and/or multilateral efforts.

21. Principles for Action (2) 2. Consider common factors when crafting prevention measures and scientific justifications • IAS present a low-probability, high-risk threat • There is an inherent, ongoing lack of knowledge about the behavior of newly introduced species • There are severe economic and practical limitations on the ability of government agencies to conduct detailed, quantitative risk assessments

22. Principles for Action (3) 3. Adopt a conservative, precautionary, and cumulative approach tailored to the problem 4. Link species and pathways when conducting risk assessments to facilitate an efficient, comprehensive approach to prevention. 5. Consider appropriate assignment of costs and analytical burdens in prevention systems, particularly where developing countries are involved

23. Thank you… For more information, contact: Stas Burgiel: sburgiel@defenders.org