peter chen counsellor (agr) the canadian embassy 2008/12/02 hang zhou, china implementing wto/sps...
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PETER CHEN
Counsellor (Agr)
The Canadian Embassy
2008/12/02 Hang Zhou, China
Implementing WTO/SPS Agreement:Canadian Experience
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OUTLINE
WTO SPS/TBT Agreements
International Standards
Risk Assessment/Science
Roles & Responsibilities in Canada
Canadian Application of SPS Measures
Canadian Examples
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SPS Agreement
“Agreement on the Application of Sanitary and Phytosanitary Measures”
Related to TBT Agreement
Permits SPS measures necessary to protect human, animal or plant life/health
But not as “disguised barriers to trade”
Prevent arbitrary/unjustified discrimination between countries where the same conditions prevail
Transparency in applying SPS measures
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International Harmonization &Equivalence
WTO encourages harmonized approach SPS measures to be based on international
standards, guidelines & recommendations Condex (food), OIE (Animal) & IPPC(plant) May introduce higher level of protection if
scientifically justified (by Article 5) e.g. selenium in corn under certain circumstance
Equivalence is encouraged.. If measures meet ALOP (protection) of
importing Members ALOP =“Acceptable Level of Risk”
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RISK ASSESSMENT and SCIENCE
Measures are based on assessment of risk
Take into account risk assessment methods techniques developed by international org’s
Take into account available scientific evidence
Take into account relevant economic factors
Consistency across Members and over time
No more trade restrictive than necessary
Where relevant scientific evidence is insufficient, permits provisional adoption of measures, but seek to obtain additional info within a reasonable time period
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SPS MEASURES INCLUDE:
All relevant laws, decrees, regulations Requirements and procedures including end
product criteria (processed vs raw:Se in raw peas vs starch)
Processing/production methods (how/results) Testing, inspection, certification, approval
procedures Provisions on statistical methods: sampling
procedures Methods of risk assessment Packaging, labelling requirements related to
food safety (e.g. Omega 3 verification in CA)
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PRINCIPLE & ROLE OF SCIENCE IN DECISIONS
Based on sound scientific analysis Consider legitimate factors relevant to the
protection of health, fair practice of trade Food labelling (TBT) and IPPC marks play an
important role to achieve the objectives when difference in views, members may
abstain from acceptance of a relevant international standard (e.g. Se std Codex)
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SPS RESPONSIBLITIES IN CANADA
HEALTH Dept of CANADA Sets health/safety policies & standards, for
all food sold in Canada Administers the FDA related to health,
safety Approves use of veterinary drugs in
livestock, of pesticides in plants and sets Maximum Residual Limits (MRL)
Conducts health risk assessment chemical, microbial contaminations, natural toxicants, food additives, novel & GM food
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SPS RESPONSIBLITIES IN CANADA
CANADIAN FOOD INSPECTION AGENCY (CFIA) responsible for:
Enforcing the FDA, the policies, standards set by Health Canada governing all food sold in CA
Provides inspection services related to food safety, SPS fraud, trade-related requirements
Work Programs including: quality/grade, animal diseases, plant/forestry products pests
Conducts inspection services at 18 regions
Provides single access food labelling services
Implementing bilateral access agreements
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SPS IMPLEMENTATION IN CANADA
Across Canada: over 700 specialists (vet, scientist, chemists, biologists, lab technicians)
14 CFIA Labs and with 7 other govt departments (Sci tech support) to test:
Pesticide residuals (e.g. CN questioned CA std) Veterinary drug residuals (rectopamine MRL,
GMO, enviro pigs) Food ingredients, additives (health/safety) Contaminants (environmental Se, processing
add in) Nutrition and composition (Omega-3)
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CANADIAN IMPLEMENATION EXPERIENCE
EXAMPLE: Selenium level in Cdn peas 2006 exports of Cdn peas exceeded Chinese
Se standard of 0.3ppm China’s CIQs implement a GB of 1990s Codex has no standard for Se - international Health experts of China and Canada (MoH-HC)
Working Group to discuss Se risk MoH conducted a risk assessment with input
from Cdn Dept of Health Scientific consensus: natural Se-a nutrient, not
a contaminant But changing a standard takes time AQSIQ/CIQ implement new std once changed (e.g. CN questioned CA difference in MRL: sweet
potato vs potato)
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CANADIAN IMPLEMENATION EXPERIENCE
NAPPO AGM draft regulations (transparency) 2007-08 NAPPO proposed measures to prevent
AGM and circulated draft regs for consultation China, Japan, Korea concerned the impact on
trade, providing comments The key concern: unnecessarily impact trade The challenge: how to protect the forestry but
affect trade as little as possible NAPPO and North Asia to discuss AGM
prevention to reach the balance A transparent plurilateral consultation and
based on science SPS committee as one mechanism
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e.g:WOOD PACKAGING MATERIALS: IPPC MARK
Most trade shipments involve Wood Packaging Materials (WPM) - governed by ISPM#15
ISPM-15: “guideline for regulating WPM in international trade” issued by IPPC
Future shipments must meet this requirement
Problems: non-compliance happens
1. claim treated wood, but detected live pests (investigate what/why? Effective treat? or negligence, or other pests in food)
2. some counterfeited phytosanitary certificates were used (solution: IPPC Mark with e-certification)
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Observation and Remarks
Scientific justification requires risk analysis
Consistency across Members and over time
Importance of Bilateral and multilateral consultation (FAO/WHO science, WTO policy)
Need to work together for world trade of safe ag, food and forestry products
Commitment to the implementation process.