Geneva Dialogue on China’s Geneva Dialogue on China’s Sustainable Trade StrategySustainable Trade Strategy

Panel two: Standards, market and public policy Panel two: Standards, market and public policy objectiveobjective

Mr Marinus Huige

Chairman, WTO SPS Committee

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The right to protecthuman, animalor plant lifeor health

Avoiding unnecessary barriers to trade

WTO Agreement on the Application of WTO Agreement on the Application of Sanitary and Phytosanitary Measures Sanitary and Phytosanitary Measures

(SPS Agreement)(SPS Agreement)

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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

from

from

from

from

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If necessary to impose an SPS measure: If necessary to impose an SPS measure: Where to start (1)?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”)

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Where to start (2)?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?

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Article 3.3Article 3.3Members 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 ALOP in 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.

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International standards and scientific International standards and scientific justication concerns at the WTOjustication concerns at the WTO

lack of use of int'l stds and/or scientific justification as % of

trade concerns (269) raised in SPS Committee

Sufficiency of Sc.

Evidence4% Lack of Int.

Stand.33%

Others63%

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Plant health, 28%

Animal health, 37%

Food safety, 31%

Other, 4%

Specific Trade Concerns by Area Specific Trade Concerns by Area (1995-2007)(1995-2007)

-G/SPS/GEN/204/Rev.8 (Adds. 1-3)

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Zero tolerance for pathogens on raw meat and poultry products United States   China 2007 pending

Application of regionalization and prohibition of bovine meat Brazil   China 2007 pending

Avian influenza restrictions United States   China 2007 pending

Varietal restrictions on US apples United States   China 2007 pending

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TitleMembers raising the concern

Members supporting the concern

Members maintaining the measure date Status

Regulation on wood packaging material

European Communities   China 2002 pending

Quarantine measures for the entry and exit of aquatic products

European Communities United States China 2003 Resolved

Lack of transparency for certain SPS measures United States   China 2004 pending

Measures on US poultry United States Canada China 2004 Resolved

Import restrictions on products of animal origin due to dioxin

European Communities   China 2007 Resolved

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Import restrictions on wooden Christmas trees China   United States 2006 pending

Import restrictions on cooked poultry products from China China  

European Communities 2007 pending

Import restrictions on cooked poultry products from China China   United States 2007 pending

Restrictions on Apples China   United States 2008 pending

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Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Directives on residual pesticide tolerance and inspection methods for tea China India European Communities 2005 pending

Positive list system for pesticides, veterinary drugs and feed additives MRLs

China, United States

Australia, Philippines Japan 2005 pending

Restrictions on Ya pears imports China

European Communities United States 2005 pending

Safety insurance and quality improvement standards for feed and feed additives China   Japan 2005 pending

Import suspension of heat-processed straw and forage for feed China   Japan 2005 Resolved

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

Title

Members raising the

concern

Members supporting the

concern

Members maintainin

g the measure date Status

Biotech labelling and

import approval process

regulations United StatesArgentina,

Brazil, Canada India 2006 pending

Export certification

requirements for dairy products United States   India 2007 pending

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

Title

Members raising the

concern

Members supporting the

concern

Members maintaining

the measure date Status

Phytosanitary import

restrictions

United States, European

Communities

Canada, Chile, New Zealand,

European Communities India 2004

Partially resolved

Non-notification of various SPS

measures United States

Australia, New Zealand, European

Communities India 2004 pending

Ban on food grade wax United States   India 2004 pending

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Regulatory process economic analysis requirement Brazil   United States 2008 pending

Import Restrictions on EC Dairy Products

European Communities New Zealand United States 2008 pending

Restrictions on Apples China   United States 2008 pending

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Restrictions on Ya pears imports China

European Communities United States 2005 pending

Import procedures for fruits and vegetables

European Communities Argentina United States 2005 pending

Import restrictions on wooden Christmas trees China   United States 2006 pending

Import restrictions on cooked poultry products from China China   United States 2007 pending

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Application and modification of the EC Regulation on novel foods

Colombia, Ecuador, Peru

Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, and others

European Communities 2006 pending

Restrictions on US poultry exports United States  

European Communities 2006 pending

Import restrictions on cooked poultry products from China China  

European Communities 2007 pending

Maximum Residue Levels for Ethephon in pineapple Ecuador Costa Rica

European Communities 2008 pending

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

TitleMembers raising

the concern

Members supporting the concern

Members maintaining the measure date Status

Application and modification of the EC Regulation on novel foods

Colombia, Ecuador, Peru

Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, India and others

European Communities 2006 pending

Restrictions on US poultry exports United States  

European Communities 2006 pending

Import restrictions on cooked poultry products from China China  

European Communities 2007 pending

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

Title

Members raising the concern

Members supporting the concern

Members maintaining the measure date Status

Geographical BSE risk assessment

Canada, Chile, India United States

European Communities 2001 Resolved

Transitional TSE measures Canada United States

European Communities 2001 Resolved

Application and modification of the EC Regulation on novel foods

Colombia, Ecuador, Peru

Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, and others

European Communities 2006 pending

Restrictions on US poultry exports United States  

European Communities 2006 pending

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New or modified regulation+

No existing international standard or Different than the international standard

+Significant impact on trade(restricting or facilitating)

Last but not least: The need for Last but not least: The need for TransparencyTransparency

NOTIFY