department of agriculture south african food and ...nda.agric.za/docs/npposa/wto_ ispm 15.pdf ·...
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DEPARTMENT: AGRICULTURE
World Trade Organization
Agreement on the Application of Sanitary and Phytosanitary Measures
World Trade Organization
Agreement on the Application of Sanitary and Phytosanitary Measures
Department of AgricultureSouth African Food and Quarantine Inspection
Services
DEPARTMENT: AGRICULTURE
MULTILATERAL TRADING SYSTEMMULTILATERAL TRADING SYSTEM
• WTO SUCCESSOR TO GATT IN 1995
• EXCEPTIONAL GROWTH IN WORLD TRADE
• GATT AND WTO HELPED TO CREATE STRONG AND PROSPEROUS
TRADING SYSTEM
• DEVELOPED THROUGH SERIES OF TRADE NEGOTIATIONS
ROUNDS HELD UNDER GATT
• GATT ESTABLISHED IN WAKE OF 2 ND WORLD WAR - 50 YEARS
OLD
DEPARTMENT: AGRICULTURE
• FIRST ROUND DEALT WITH TARIFF REDUCTIONS
• LATEST ROUND - URUGUAY ROUND LED TO CREATION OF WTO
• WTO’S OBJECTIVE IS TO HELP TRADE FLOW SMOOTHLY, FREELY,FAIRLY AND PREDICTABLY
• WTO HAS MORE THAN 130 MEMBERS
• DECISIONS MADE BY ENTIRE MEMBERSHIP - CONSENSUS
• WTO CONSISTS OF DIFFERENT COUNCIL’S, SPECIALISEDCOMMITTEES, WORKING GROUPS AND -PARTIES
• DEALING WITH AGREEMENTS AND AREAS SUCH AS ENVIRONMENT, DEVELOPMENT ETC.
DEPARTMENT: AGRICULTURE
WTO STRUCTURE
All WTO members may participate in all councils, committees, etc., except appellate body, Dispute Settlement panels Textiles Monitoring Body, and multilateral committees
Ministerial Conference
General Council meeting asTrade PolicyReview Body
General Council meeting asDispute Settlement
BodyGeneral Council
Committees on
Trade and Environment
Sub-committee on least DevelopedCountries
Regional Trade Agreements
Balance-of-Payments Restrictions
Budget, Finance and Administration
Working parties on
Accession
Working groups on
the Relationship between Trade andInvestment
the Interaction between Trade andCompetition Policy
Transparency in GovernmentProcurement
Council for Trade GoodsCommittees on
Market AccessAgricultureSanitary & Phytosanitary
MeasuresTechnical Barriers to TradeSubsidies & CountervailingmeasuresAnti-Dumping PracticesCustoms ValuationRules ValuationRules of OriginImport LicensingTrade-Related Investment MeasuresSafeguards
Textiles Monitoring Body
Working parties on
State-Trading Enterprises
P hi t I ti
Committees on
Trade in FinancialServices
SpecificCommitments
Working parties on
ProfessionalServices
GATS rules
Multilateral
Committee on Trade in Civil Aircraft
Committee on Government Procurement
The General Council also meets as the Trade Policy Review Body and Dispute Settlement Body
KeyReporting to General Council (or a subsidiary)Reporting to Dispute Settlement BodyMultilateral committees inform the General Council of their activities although theseagreements are not signed by all WTO members
Council for Trade-Related Aspectsof Intellectual Property Rights
Council for Trade Services
Appellate BodyDispute Settlement Panels
DEPARTMENT: AGRICULTURE
WTOWTO
• WTO RULES / AGREEMENTS ARE RESULT OF NEGOTIATIONS
• WTO MEMBERS OPERATE NO DISCRIMINATORY TRADING SYSTEM THROUGH AGREEMENTS
• EACH COUNTRY RECIEVES GUARANTEES EXPORTS BETREATED FAIRLY IN OTHERS MARKETS
• EACH PROMISES SAME FOR IMPORTS INTO OWN MARKETS
• DISPUTE SETTLEMENT PROCEDURES
DEPARTMENT: AGRICULTURE
WTO AGREEMENTS
• SANITARY AND PHYTOSANITARY MEASURES
• TECHNICAL BARRIERS TO TRADE
• INTELLECTUAL PROPERTY RIGHTS
DEPARTMENT: AGRICULTURE
AGREEMENT ON SPS MEASURES
SPS MEASURES ARE ANY MEASURES APPLIED TO
• Protect human or animal life from risks arising from additivescontaminants, toxins or disease-causing organisms in food
• Protect human life from plant- or animal carried diseases (zoonoses);or
• Protect animal or plant life from pests, diseases or disease-causingorganisms; or
• Prevent or limit other damage to a country from the entry, establishmentor spread of pests.
• Include SPS measures taken to protect health of fish and wild fauna, aswell as of forests and wild flora
• Measures for environmental protection, per se, or to protect welfare ofanimals not covered by SPS
DEPARTMENT: AGRICULTURE
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MAIN DETERMINATIONS
• Members shall accept the SPS measures of other members asequivalent
• In setting SPS measures, members must make use of threesisters; Codex Alimentarius, IPPC and OIE
• More stringent measures can be set if substantiated by scientificevidence
DEPARTMENT: AGRICULTURE
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MAIN DETERMINATIONS
• Members shall ensure that in respect of technical regulationsproducts imported from any member shall be accorded treatment asless favourable than that accorded to domestic products or productsfrom any other country
• Technical regulations shall not be prepared, adopted or appliedto create unnecessary obstacles to international trade
• Technical regulations shall not be more trade restrictive thannecessary to fulfill a legitimate objective inter alia
• national security requirements
• prevention of deceptive practices
• protection of human health or safety, animal orplant like of health, or the environment
• Technical regulations must be based on an internationalstandard
DEPARTMENT: AGRICULTURE
Coverage of SPS and TBT Agreements
Is the proposed measure a technical regulation, a standard or a conformity assessment procedure ?
(see TBT Agreement Annex 1 for definition
YES NO
Objective ?(of technical regulation,standard or conformityassessment procedure)
(Next Page)
Any other Objective
ProtectHuman Life
Protect Animal Life
ProtectPlant Life
Protecta Country
TBT
From risks arising from, From risks arising from, From risks arising from, From risks arising from,Additivescontaminantstoxins or disease-causing organism in their foods
plant or animal carried diseases
Additives
toxins
pests
diseases
disease-causing organisms
Pests
diseases
disease-causing organisms
Damage caused by the entry,establishment, or spread of pests
SPS
DEPARTMENT: AGRICULTURE
IMPORT/EXPORT/LOCAL BUSINESS PROCESS OF DOA: NRS
QUARANTINE FACILITIES
QUALITYCONTROL
PLANTHEALTH
INTERNATIONAL NATIONAL
DEVELOPNORMS AND STANDARDS
DIAGNOSTIC FACILITIES
GRADING FIRST LEVEL
INSPECTION SECOND LEVEL
AUDIT THIRD LEVEL
INITIATENORMS AND STANDARDS
NRS:• SAAFQIS• PLANT HEALTH• FS & QA• AH • GR ANALYTICAL
FACILITIES
IMPLEMENTNORMS AND STANDARDS
InternationalLiaison
NationalLiaison
INTERNATIONAL NATIONAL
DEPARTMENT: AGRICULTURE
EXPECTATIONS OF RISK MANAGEMENT IN TERMS OF SPS
EXPECTATIONS OF RISK MANAGEMENT IN TERMS OF SPS
ORGANISATION WHICH :
• IS ABLE TO MAINTAIN INTERNATIONAL STATUS
• IS SELF SUFFICIENT AND MORE EFFECTIVE
• ELIMINATE DUPLICATION
DEPARTMENT: AGRICULTURE
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ORGANISATION WHICH:
• IS SCIENTIFIC JUSTIFIED WITH REGARD TOTHE DECISION-MAKING PROCESS AND POLICY FORMULATION
• IS ABLE TO SATISFY RISK MANAGEMENT OBJECTIVES OF A COUNTRY AND MUST GUARANTEE REQUIRED LEVEL OF PROTECTIONFOR PLANT HEALTH AND THE ENVIRONMENT
DEPARTMENT: AGRICULTURE
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ORGANISATION WHICH:
• ENSURE PROTECTION AGAINST UNFAIR AND FRAUDULENT TRADE PRACTICES
• OPTIMALLY UTILISES THE AVAILABLE RESOURCES