SANITARY AND SANITARY AND PHYTOSANITARY PHYTOSANITARY HARMONIZATIONHARMONIZATION

MERCOSURMERCOSUR

Treaty of AsunciónTreaty of AsunciónMarch 1991March 1991

Art. 1 establishes:Art. 1 establishes: Objective: free movementObjective: free movement What instruments: What instruments: - HARMONIZATION national legislations- HARMONIZATION national legislations

Where? : Working Sub-Groups (SGTs) Where? : Working Sub-Groups (SGTs)

SGT 8 AGRICULTURESGT 8 AGRICULTURE

ORIGINAL STRUCTUREORIGINAL STRUCTURE

CURRENT StructureCURRENT Structure

Common Market Group (GMC)

SGT8

COMMISSIONS AD-HOC COMMISSIONS

ANIMAL HEALTH SEEDS PLANT HEALTH WINE

STANDING WORKING GROUP (GTP) ON PLANT QUARANTINE

REGULATORY FRAMEWORK. REGULATORY FRAMEWORK. CHARACTERISTICSCHARACTERISTICS

IntergovernmentalIntergovernmental Approval by consensusApproval by consensus MandatoryMandatory TransparencyTransparency Scope: Territory of States Parties, trade Scope: Territory of States Parties, trade

between them and third party importsbetween them and third party imports Consistency with multilateral trade rulesConsistency with multilateral trade rules

SANITARY AND PHYTOSANITARY SANITARY AND PHYTOSANITARY HARMONIZATION. CHARACTERISTICSHARMONIZATION. CHARACTERISTICS

Facilitate tradeFacilitate trade

Respects States Parties' health statusRespects States Parties' health status

Standards set based on health status of Standards set based on health status of country/area of origin and destination.country/area of origin and destination.

International reference standards (Codex, OIE, International reference standards (Codex, OIE, IPPC) key pillar in harmonization process, with IPPC) key pillar in harmonization process, with regional standards based on multilaterally agreed regional standards based on multilaterally agreed requirements. requirements.

SANITARY AND PHYTOSANITARY REGULATORY SANITARY AND PHYTOSANITARY REGULATORY FRAMEWORK FRAMEWORK

DECISION 6/93DECISION 6/93 Approves Sanitary and Phytosanitary Agreement between MERCOSUR Approves Sanitary and Phytosanitary Agreement between MERCOSUR

States Parties.States Parties.

Fostered the use of harmonized sanitary and phytosanitary measures Fostered the use of harmonized sanitary and phytosanitary measures between MERCOSUR States Parties, based on international and regional between MERCOSUR States Parties, based on international and regional standards, guidelines and recommendations (CODEX, OIE, IPPC)standards, guidelines and recommendations (CODEX, OIE, IPPC)

Recommended States Parties' full participation in competent Recommended States Parties' full participation in competent international and regional organizations, to promote the development international and regional organizations, to promote the development and periodic review of standards, guidelines and recommendations and periodic review of standards, guidelines and recommendations related to all aspects of sanitary and phytosanitary measures.related to all aspects of sanitary and phytosanitary measures.

Created a MERCOSUR SANITARY COMMITTEECreated a MERCOSUR SANITARY COMMITTEE

SANITARY AND PHYTOSANITARY SANITARY AND PHYTOSANITARY REGULATORY FRAMEWORK REGULATORY FRAMEWORK

Marrakesh Agreement. SPS Agreement is Marrakesh Agreement. SPS Agreement is approvedapproved

DECISION No. 6/96DECISION No. 6/96 : (REPEALS Dec. 6/93). : (REPEALS Dec. 6/93).

WTO SPS Agreement adopted as a regulatory WTO SPS Agreement adopted as a regulatory framework for domestic trade, between framework for domestic trade, between MERCOSUR States , and with other WTO MERCOSUR States , and with other WTO MembersMembers

SAFETY REGULATORY FRAMEWORKSAFETY REGULATORY FRAMEWORK

DECISION No. 58/00DECISION No. 58/00: : WTO Agreement on Technical Barriers to WTO Agreement on Technical Barriers to

Trade adopted as a regulatory framework Trade adopted as a regulatory framework for the application of technical standards, for the application of technical standards, technical regulations and conformity technical regulations and conformity assessment procedures for domestic assessment procedures for domestic trade, between MERCOSUR States, and trade, between MERCOSUR States, and with other WTO Memberswith other WTO Members

MERCOSUR import requirements, both general MERCOSUR import requirements, both general and product-specific, are based on IPPC and product-specific, are based on IPPC international standardsinternational standards

COSAVE regional standards are also adopted COSAVE regional standards are also adopted where regional harmonization has been donewhere regional harmonization has been done

MERCOSUR ’s approved standards establish MERCOSUR ’s approved standards establish harmonized phytosanitary requirements, both harmonized phytosanitary requirements, both general and product risk category-specificgeneral and product risk category-specific

General and specific import requirements are General and specific import requirements are applied to MERCOSUR or extra-zone countries applied to MERCOSUR or extra-zone countries indistinctly.indistinctly.

Specific import requirements for intra-zone trade Specific import requirements for intra-zone trade are set based on origin and destination health are set based on origin and destination health status, but risk permitting, requirements may be status, but risk permitting, requirements may be reduced for existing information, previous risk reduced for existing information, previous risk analysis, and confidence in health services. analysis, and confidence in health services.

PLANT HEALTH PLANT HEALTH HARMONIZATIONHARMONIZATION

REGIONAL COORDINATION: PLANT HEALTHREGIONAL COORDINATION: PLANT HEALTH

COSAVE is a Regional Plant Protection COSAVE is a Regional Plant Protection Organization (RPPO) of the IPPC. Organization (RPPO) of the IPPC.

Integrated by Argentina, Bolivia, Brazil, Chile, Integrated by Argentina, Bolivia, Brazil, Chile, Paraguay, Uruguay.1991 Council of Ministers is Paraguay, Uruguay.1991 Council of Ministers is integrated integrated

It is a regional body for the coordination and It is a regional body for the coordination and consultation of plant health issues. consultation of plant health issues.

Currently in the context of the Southern Currently in the context of the Southern Agricultural Council (CAS) Agricultural Council (CAS)

Technical forum for the discussion and Technical forum for the discussion and preparation of standards. preparation of standards.

Coordination with MERCOSUR.Coordination with MERCOSUR.

ANIMAL HEALTH HARMONIZATION ANIMAL HEALTH HARMONIZATION

Standards observe the OIE criteria .Standards observe the OIE criteria .

Rules are product-specific (animals) and not Rules are product-specific (animals) and not disease-specific.disease-specific.

The principle of sanitary regionalization has The principle of sanitary regionalization has been incorporated, with the identification of been incorporated, with the identification of regions or zones within each State Party.regions or zones within each State Party.

The individual epidemiological status of each The individual epidemiological status of each country is preserved. country is preserved.

There are There are ““singlesingle” ” import requirements for import requirements for animals and reproductive material, i.e. they animals and reproductive material, i.e. they are enforceable for both States Parties and are enforceable for both States Parties and imports from other origins, thus existing a imports from other origins, thus existing a ““singlesingle” ” rule for intra-zone trade as well as rule for intra-zone trade as well as for extra-zone countries. for extra-zone countries.

REGIONAL COORDINATION: ANIMAL HEALTHREGIONAL COORDINATION: ANIMAL HEALTH

OIE Regional Representative for the Americas. 1998. OIE Regional Representative for the Americas. 1998. Buenos Aires. Buenos Aires.

Regional work is done in the Regional work is done in the Standing Veterinary Standing Veterinary Committee (CVP) created in 2003 in the context of the Committee (CVP) created in 2003 in the context of the Southern Agricultural Council (CAS)Southern Agricultural Council (CAS)

CAS is integrated by the Ministers of Agriculture of CAS is integrated by the Ministers of Agriculture of Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. IICA has the Technical and Administrative SecretariatIICA has the Technical and Administrative Secretariat

It coordinates policies of the Region.It coordinates policies of the Region.

CVP consisting of national animal health directors.CVP consisting of national animal health directors.

They coordinate positions in the OIE. They coordinate positions in the OIE.

They coordinate the implementation of animal health They coordinate the implementation of animal health policies and programs at sub-regional level and for policies and programs at sub-regional level and for MERCOSUR.MERCOSUR.

SAFETY HARMONIZATION SAFETY HARMONIZATION

International reference standards are always International reference standards are always considered as the basis (Codex Alimentarius).considered as the basis (Codex Alimentarius).

MERCOSUR food legislation is prepared by the Food MERCOSUR food legislation is prepared by the Food Commission of the SGT 3 Technical Regulations and Commission of the SGT 3 Technical Regulations and Conformity Assessment and the SGT 8 AgricultureConformity Assessment and the SGT 8 Agriculture..

The legislation, resulting from this harmonization The legislation, resulting from this harmonization process within the SGT 3, is applied in the territory of process within the SGT 3, is applied in the territory of the States Parties both to trade between them and to the States Parties both to trade between them and to extra-zone imports.extra-zone imports.

The harmonization has cross-cutting criteria as well as The harmonization has cross-cutting criteria as well as specific technical regulations to ensure the quality of specific technical regulations to ensure the quality of products, protect consumer health and avoid products, protect consumer health and avoid misleading practices.misleading practices.

CODEX ALIMENTARIUS COORDINATING CODEX ALIMENTARIUS COORDINATING COMMITTEESCOMMITTEES

• AfricaAfrica• AsiaAsia• EuropeEurope• Latin America and the Caribbean (33 Latin America and the Caribbean (33

members)members)• Near EastNear East• North America and South West PacificNorth America and South West Pacific

COORDINATING COMMITTEE FOR LATIN COORDINATING COMMITTEE FOR LATIN AMERICA AND THE CARIBBEAN (CCLAC)AMERICA AND THE CARIBBEAN (CCLAC)

They coordinated positions within the Codex They coordinated positions within the Codex context.context.

They work on multilateral negotiation issues of They work on multilateral negotiation issues of interest to the Region or with an impact on it.interest to the Region or with an impact on it.

They take the CODEX matters of interest to FAO They take the CODEX matters of interest to FAO meetings and conferences to raise political meetings and conferences to raise political issues.issues.

They have no direct institutional relation with They have no direct institutional relation with MERCOSUR Technical Commissions.MERCOSUR Technical Commissions.

CONTROL CONTROL

Each State Party implements the national system for Each State Party implements the national system for both intra-zone and extra-zone products. This is not both intra-zone and extra-zone products. This is not harmonized.harmonized.

Under Art. 4 of the SPS Agreement and Decision Under Art. 4 of the SPS Agreement and Decision G/SPS/19/Rev.2, it was agreed to work on the G/SPS/19/Rev.2, it was agreed to work on the equivalence of sanitary and phytosanitary controls and equivalence of sanitary and phytosanitary controls and mutual recognition agreements for conformity mutual recognition agreements for conformity assessment procedures. assessment procedures.

Criteria, principles, guidelines and parameters have Criteria, principles, guidelines and parameters have been agreed for the signature of bilateral equivalence been agreed for the signature of bilateral equivalence agreements concerning sanitary and phytosanitary agreements concerning sanitary and phytosanitary controls. controls.

Criteria, principles, guidelines and parameters have Criteria, principles, guidelines and parameters have been agreed for the signature of bilateral agreements been agreed for the signature of bilateral agreements on the mutual recognition of conformity assessment on the mutual recognition of conformity assessment procedures. procedures.

TRANSPARENCYTRANSPARENCY

Each State Party notifies SPS measures to the Each State Party notifies SPS measures to the SPS Committee under Art. 7 and Annex B of SPS Committee under Art. 7 and Annex B of the SPS Agreement and Decision the SPS Agreement and Decision G/SPS/7/Rev.3.G/SPS/7/Rev.3.

JOINT NOTIFICATION MECHANISM: In JOINT NOTIFICATION MECHANISM: In compliance with a 2010 mandate of the compliance with a 2010 mandate of the Council of the Common Market, work began Council of the Common Market, work began on the preparation of a mechanism for the on the preparation of a mechanism for the coordinated notification of SPS measures to coordinated notification of SPS measures to the WTOthe WTO..

REGIONAL COORDINATION: SPS REGIONAL COORDINATION: SPS COMMITTEECOMMITTEE

Coordination of positions and Coordination of positions and submission of proposals in relation to submission of proposals in relation to the Committee's agenda issues of the the Committee's agenda issues of the highest interest to the block. For highest interest to the block. For example: private standards.example: private standards.

Example of joint communications:Example of joint communications:

PRIVATE STANDARDS: G/SPS/W/245 – PRIVATE STANDARDS: G/SPS/W/245 – G/SPS/W/246 – G/SPS/W/249 G/SPS/W/246 – G/SPS/W/249

CHALLENGESCHALLENGES

REGIONAL IMPLEMENTATION OF REGIONAL IMPLEMENTATION OF WTO/SPS DISCIPLINESWTO/SPS DISCIPLINES

ENHANCEMENT OF REGIONAL ENHANCEMENT OF REGIONAL COORDINATION IN INTERNATIONAL COORDINATION IN INTERNATIONAL ORGANIZATIONS (CODEX OIE CIPF)ORGANIZATIONS (CODEX OIE CIPF)

REGIONAL COORDINATION OF REGIONAL COORDINATION OF NATIONAL CONTACT POINTS OF NATIONAL CONTACT POINTS OF INTERNATIONAL ORGANIZATIONS INTERNATIONAL ORGANIZATIONS (CODEX OIE CIPF)(CODEX OIE CIPF)

MERCOSUR LEGISLATIONMERCOSUR LEGISLATION

Mercosur legislation can be Mercosur legislation can be found on the following web site:found on the following web site:

http://www.mercosur.int

Thank you Thank you