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1、SPS Issues in GlobalizationGretchen H. Stanton Senior Counsellor Agriculture and Commodities Division WTO9 October 20021What is an SPS measure?What is an SPS measure? SPS Agreement - Annex Ato protect:human or animal liferisks arising from additives, contaminants, toxins or disease- causing organism
2、s in their food, beverages, feedstuffs;from:human lifeplant- or animal-carried diseases (zoonoses);animal or plant lifepests, diseases, or disease-causing organisms;a countrydamage caused by the entry, establishment or spread of pests2Governments have the right to restrict international trade when i
3、t is necessary to protect human, animal or plant health however 3however, if this results in a trade dispute: they must be able to show that there is a risk to health, based on scientific evidence, or take a provisional, “precautionary” measure they must be “consistent” in the level of health protec
4、tion sought (G/SPS/15) they must use the least trade-restrictive means to achieve the level of health protection; and they must be transparent about the measures taken4Basic Provisions1.Scientific justification - or provisional 2. Harmonization 3.Consistency 4.Equivalence 5. Disease-free areas 6. Tr
5、ansparency 7. Technical assistance/special treatment5Scientific justification - issues How judge if “based on scientific principles?” What is “sufficient scientific evidence”? Whose science? Whose risk assessment? What is required in a risk assessment?6Scientific justification - interpretationsEC ho
6、rmones dispute (WT/DS26 and 48) theoretical uncertainty (the uncertainty remaining because science can never provide absolute certainty that a given substance will not ever have adverse health effects) is not the kind of risk to be considered7Scientific justification - interpretationsAustralia salmo
7、n dispute (WT/DS18)Three-pronged test (three cumulative requirements) 1.identify the disease(s) 2.evaluate the likelihood of entry, establishment or spread 3.according to the SPS measure which might be applied8Scientific justification - interpretationsJapan Variety Testing (WT/DS76) rational relatio
8、nship required between measure and scientific evidence must be determined on a case-by-case basis 9Provisional measures - issues Precaution or protectionism? When is scientific evidence “sufficient”? What is a reasonable period of time for review? How does this compare with the Precautionary Princip
9、le?10Precaution - interpretationsJapan Variety Testing (WT/DS76) Measure taken when insufficient relevant scientific information Adopted on the basis of available information Member must actively seek to obtain the necessary additional information Member must revise the measure within a reasonable p
10、eriod of time11Harmonization - issues Participation of developing countries in standard-setting Are the international standards appropriate? Going beyond international standards What about national treatment?12Standard-setting organizationsfood safety CODEXplant health IPPCanimal health OIECodex = j
11、oint FAO/WHO Codex Alimentarius Commission OIE = Office international des epizooties IPPC = International Plant Protection Convention (FAO)Harmonization13Harmonization - interpretationsEC Hormones (WT/DS26 and 48) “base on” does not mean identical to international standards countries have a right to
12、 impose more stringent requirements, but must demonstrate that based on a risk assessment14Harmonization - interpretationsCommittee monitors the use of international standards - adopted procedure - G/SPS/1115Consistency - issues Acceptable level of protection (ALOP) same as acceptable level of risk
13、sovereign right to establish - but no country defines ALOP with precision difficult to apply ALOP consistently - and difficult to maintain consistently16Consistency - interpretationEC Hormones and Australian salmon:Three-pronged test:1. different appropriate levels of protection in different situati
14、ons; 2. differences are “arbitrary or unjustifiable”3. the differences result in “discrimination or a disguised restriction on international trade”17 a Member should publicly express its ALOP a Member should compare levels of protection achieved by different measures it applies, to avoid arbitrary o
15、r unjustifiable distinctions each authority with responsibility for applying ALOP should be clearly aware of national policy on ALOP each competent authority should be aware of what other competent authorities are doingConsistency - interpretation Committee guidelines (G/SPS/15)18Consistency - guide
16、lines continued common approaches or consistent procedures should be used in evaluating the measures which might be applied to achieve ALOP if ALOP changes, existing measures need to be reviewed for consistency existing measures should be kept under review and revised where necessary to bring into line with current ALOP19Equivalence - issues Scope of equivalence - sys
