agreement on sanitary and phtyo-sanitary meseaures

8/9/2019 Agreement on Sanitary and Phtyo-Sanitary Meseaures

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Workshop on WTOJuly 8th 2010

Uttar Pradesh Academy of Administration & ManagementLucknow


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Standards and Safety

Article 20 of the General Agreement on Tariffs and Trade (GATT)allows governments to act on trade in order to protect human,

animal or plant life or health, provided they do not discriminate or

use this as disguised protectionism.

In addition, there are two specific WTO agreements dealing with

food safety and animal and plant health and safety, and with

product standards in general.

Both try to identify how to meet the need to apply standards and

at the same time avoid protectionism in disguise.

These issues are becoming more important as tariff barriers fall some compare this to seabed rocks appearing when the tide goes

down.


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Food, Animal and Plant Products: How Safe is Safe?

A separate agreement on food safety and animal andplant health standards (the Sanitary and Phytosanitary

Measures Agreement or SPS) sets out the basic rules.

It allows countries to set their own standards. But it also

says regulations must be based on science. They should be applied only to the extent necessary to

protect human, animal or plant life or health.

They should not arbitrarily or unjustifiably discriminate

between countries where identical or similar conditionsprevail.


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Why SPS

Over US$ 600 billion agricultural products

Over US$ 400 billion food trade per year

About 500 million tons of food products

About 75% is exported to and imported fromindustrialized countries

More than 50% of fruits and vegetables, sugar,

non-alcoholic beverages, fish and fishery productsare imported from developing countries


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Expanded International Trade

Results In movement of products that may pose health

risks LIKE

BSE Disease since 1997 resulted in massive cattle

slaughter in the UK and severely affects Europeanexports of meat and cattle

Imports of live poultry and poultry products from

several Asian countries suspended due to severe

outbreaks of the highly contagious Avian

Influenza...


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Agreement On The Application of Sanitary &

Phytosanitary Measures (SPS)

Came into force in 1995

Negotiated in parallel with major

agricultural trade negotiations

Applies to all measures used to protect

human, animal and plant life and health

which may directly or indirectly affect

trade


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Definition of an SPS measure

Human or animal life or health

Risks arising from additives, contaminants, toxins ordisease causing organisms in their food & beverage

Human life or health

Diseases carried by Plant or animal

Animal or plant life or health

Pest diseases or disease-causing organisms

A country

Damage caused by the entry, establishment orspread of pest


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Spcifications of SPS

Animal includes wild fauna and fish

Plants include forest and wild flora

Parasites include weeds

Contaminants include pesticide residues,

veterinary drug residues and extraneous

matter


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Types of MeasuresEnd product criteria

Process & production methods

Testing, sampling and inspection

Certification & approval procedures

Risk assessment methods

Quarantine treatments related totransportation

Packaging & labeling requirements


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Other Types of Measures

Not Covered by SPS Agreement but

may be TBT Measures

Protectionof the

environment

Consumerinterests

other than

health

Animalwelfare


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Objectives of the SPS Agreement

1

To protect and improve the current human health,animal health and phytosanitary situation of allMember countries

2

To protect Members from arbitrary or unjustifiablediscrimination due to different sanitary andphytosanitary standards

3

To maintain the sovereign right of any Govt. toprovide an appropriate level of protection i.e. allowcountries to set their own standards for health andsafety


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Rights & Obligations Members have the right to apply sanitary & phytosanitary

measures (Article 2.1) So Countries have right to take SPSmeasures necessary for the protection of human, animalor plant life or health

Obligations Members shall ensure that any sanitary or phytosanitary

measure is applied only to the extent necessary for theprotection of human, animal & plant life or health (Article 2.2)To be applied only to the extent necessary

National Treatment Shall not arbitrarily or unjustifiably discriminate between

countries or act as disguised restriction on internationaltrade


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Key Features

ScientificJustification

Article 5

Harmonization

Article 3

EquivalenceArticle 4

Disease-freeareas Article 6

Technical

assistanceArticle 9

Transparency

Article 7


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Key Features.

SPS measures to be based on scientific riskassessment

Countries should base their SPS measures oninternational standards like Codex, OIE & IPPC

Countries may have higher level of SPS measures butshall be based on scientific risk assessment

Transparency - all proposed, new and changed

measures are to be notified by members to the SPSCommittee of WTO Secretariat


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Key Features..

assessment of risks to human, animal or plant life orhealth, taking into account risk assessment techniquesdeveloped by international organizations.

available scientific evidences; process and productionmethods; inspection & sampling methods; prevalence ofspecified disease or pests; existence of pests/disease-freeareas, etc

relevant economic factors & cost effectiveness ofalternate approaches

Avoid arbitrary/unjustifiable distinctions in the levels indifferent situations if these result in disguised restrictions


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Key Features..

To take provisional measures in case of insufficientscientific evidence

Adaptation of SPS measures to regional conditions,including pest- or disease- free areas, differing climaticconditions & different pest or diseases or food safety

conditions so as to lead to the development/imposition ofdifferent SPS requirements

Members are required to notify all sanitary andphytosanitary regulations which are adopted or proposedto be adopted

Notifications made in the event of non-existence of aninternational standard or where substantially differentfrom it or where there is a significant effect on trade


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Key Features..

Enquiry Points to be notified by each Member to

disseminate information about existing andproposed SPS regulations, control and inspectionprocedures, quarantine treatment etc./ TBT

standards, technical regulations & CAprocedures

Provision of Emergency Notification

Take account special needs of developing countrieswhen developing SPS measures


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Problems Faced by India in Implementingthe SPS Provisions

Participation in international standardising bodies

Non representativeness of international standards

Plethora of standardising bodies at the national and sub-national levels & lack of role clarity

Absence of a national notification system

A general lack of awareness

Some aspects not very well developed traceability, riskassessment, R&D, residues, data


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Difference Between SPS &TBT

Regulation regarding fertilisersSPS if relating to residues in food or animal feed (objective

protection of human/ animal health)

TBT if related to quality or efficacy of the product or health

risk to handlers

Labelling requirements for foodsSPS if related to food safety

TBT if the regulation concerns issues such as; positioning,

letter size, nutrient content, grade, etc.

Regulation regarding containers for the shipment of grains

SPS if relating to fumigation or other treatment of these containers, i.e.,

disinfection in order to prevent the spread of disease, whereas under

TBT if the regulation regards the size or structure of the containers


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Nodal Ministry

Ministry of Commerce (Trade Policy Division)

Enquiry Points

SPS - Plant Protection Division (Deptt. of Agri. &

Coop.), Ministry Of Health, Ministry of CommerceTBT - Bureau of Indian Standards

TBT and SPS Portals (Centre for WTO Studies)TBT:-

http://cc.iift.ac.in/tbt/index.asp

SPS:- http://cc.iift.ac.in/sps/index.asp
http://cc.iift.ac.in/tbt/index.asphttp://cc.iift.ac.in/sps/index.asphttp://cc.iift.ac.in/sps/index.asphttp://cc.iift.ac.in/tbt/index.asp


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Main Government Agencies

Directorate General of Health Services - PFA (1955)

Export Inspection Council - Export Inspection & Quality

Control Act

Bureau of Indian Standards - Food & AgricultureDepartment

Department of Animal Husbandry & Directorate of Plant

Protection, Ministry of Agriculture, Dairying & Fisheries

Ministry of Food Processing Industries - Food ProductsOrder 1955, Integrated Food Law


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Relevant Legislations

Directorate General of Health Services - PFA (1955)

Export Inspection Council - Export Inspection & Quality

Control Act

Bureau of Indian Standards - Food & AgricultureDepartment

Department of Animal Husbandry & Directorate of Plant

Protection, Ministry of Agriculture, Dairying & Fisheries

Ministry of Food Processing Industries - Food ProductsOrder 1955, Integrated Food Law


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Relevant Legislations and Institutional Set-up

Insecticide Act Milk and Milk Product Control Order (MMPO)

Meat Food Product Order 1973

Ministry ofAgriculture

Directorate of Marketing and Inspection (DMI)

Agricultural Produce (Grading and Marking) Act

Ministry of Rural

Development

Prevention of Food Adulteration Act 1954

Fruits & Vegetable Products (Control) OrderFPO 1955 Ministry of Health & Family Welfare

Ministry of Food

Processing

Industries

Export (Quality Control & Inspections) Act1963

Ministry ofCommerce


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Relevant Legislations and Institutional Set-up

Standards of Weights & Measures Act

Standards of Weights & Measures (Enforcement) Act

Solvent Extracted Oils, De-oiled Meal and Edible FlourControl Order, 1967

Vegetable Products Control Order, 1976

Bureau of Indian Standards (BIS) Act 1986

Ministry of CivilSupplies,

Consumer Affairsand Public

Distribution

Aquaculture Authority Notification 1997 & 2002

Environment (Protection) Act 1986, Environment

(Protection) Third Amendment Rules, 2002 Coastal Regulation Zone Notification 21 May 2002

Aquaculture Authority - Notification

Ministry of

Environment andForests


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Life after WTO

Increased Relevance of International Standards Need to harmonize avoid duplication & multiplicity ROLE

CLARITY

Countries implementing strong import controls (USA, EC, Canada,Australia, Japan etc)

Conformance to Int/ importing country requirements Provision for recognition of export control & certification systems as

equivalent

Equivalence Agreements MoUs/MRAs

Legislative framework

Infrastructural facilities - Labs, inspection/certification bodies

RENEWED RELEVANCE TO EXPORT CERTIFICATION OF EIC


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Problem Faced by India

Peanuts,other nuts and milk- Level of aflatoxin presence

Mangoes and Grapes- presence of certain flies

Coffee- level of Ochratoxin

Bone and Bone Products- non-grant of TSE free status

Cereals and Cereal Products-presence of impurities

Tobacco- level of DDT residue

Pesticides residue problem in various products such as EggProducts, grapes,gherkins, honey, meat and milk products

and tea and spices


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Problem Faced by India

Language barrier eg health certificates in Spanish- NTB

Regulatory Measures eg milk products

Voluntary Standards ISO 9000/ ISO 14000 restricts market access tillcountry upgrades, also cost of impln

SA 8000 Social Accountability deals with working conditions, better Q

of life, other socioeco issues importing country limiting imports Rapid Alert System No systematic approach- hundreds of consignments

over 2 years

Turtle extruder device

CE Marking Absence of designated CA Bodies in India cost increasing

due to foreign certifn & testing No information on specification, methods of sampling, inspection & test-

chance to comment, familiarize (eg bacterial inhibitors, vibrio)

New regulations implemented without sufficient notice period


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Standard-setting bodies The Three Sisters

Food safety

CODEX

Animal health

OIE

Plant health

IPPC

Joint FAO/WHO Codex Alimentarius CommissionCodex

Office International des Epizooties

OIE International Plant Protection Convention (FAO)IPPC


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Economic Impact Of some SPS Measures

Some developed importing countries fixing standardwithout risk assessment eg vibrio parahaemoliticus

Inspite of repeated requests risk evaluation not

made available Some countries stressing on infrastructural

aspects eg milking machines, flake icemachines; primary production etc


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Potential problems

Lack of transparency

Complexity of SPS standards

Threshold limits

Standard takers instead of Standard Setters

Relevance of the standard to the production

conditions of the exporting countries

Domestic Regulatory Problems


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Strategy for future

Upgradation of level of standards within India

Building-up scientific evidence to counter unreasonable SPS

Measures

Exporters/EPCs should examine WTO-compatibility of

health and sanitary regulations/product standards

Close co-ordination between Government and Exporters

regarding specific cases.

Need for framing of standards for manufacture, productionunits/processes, monitoring contaminants, sampling

procedures and additives


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Strategy for future -Conformity Assessment Issues

Test methods varying from international standards

high sensitivitybased on capability not risk (eg chloramphenicol,

aflatoxin)

non-validated (NorwayVibrio cholerae)

Different standards in different labs Results in increase in rejections

Solution joint testing, acceptance of certification of

exporting country & not retesting

Article 5 provides SPS measures to be based on riskassessmentand if requested by exporting countrymake

known details of assessment


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Thank You

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(+91) 94151 18971

agreement on sanitary and phtyo-sanitary meseaures

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