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