PrecautionWTO Symposium, 6-7 July 2001Current issues facing the World Trading SystemSession:Food Safety and SPS

D. TAEYMANS, DirectorScientific & Regulatory Affairs

PrecautionWTO Symposium, 6-7 July 2001Current issues facing the World Trading SystemSession:Food Safety and SPS

D. TAEYMANS, DirectorScientific & Regulatory Affairs

Precaution & EnvironmentPrecaution & Environment

• Rio Declaration:Principle 15:

“in order to protect the environment, the precautionary approach shall be widely applied by States according to their capability. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”

• Rio Declaration:Principle 15:

“in order to protect the environment, the precautionary approach shall be widely applied by States according to their capability. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”

PrecautionPrecaution

Should it be extended to other fields?

Such as food safety?

Should it be extended to other fields?

Such as food safety?

WTO Agreement on the Application of SPSWTO Agreement on the Application of SPS

Article 2.2 states: “Members shall ensure that any SPS measure… is based on scientific principles and is not maintained without scientific evidence, except as provided for in Article 5.7”

Scientific principles = RISK ANALYSIS

Article 2.2 states: “Members shall ensure that any SPS measure… is based on scientific principles and is not maintained without scientific evidence, except as provided for in Article 5.7”

Scientific principles = RISK ANALYSIS

Risk Analysis - Codex conceptsRisk Analysis - Codex concepts

• Risk assessment• Risk management• Risk communication

• Risk assessment• Risk management• Risk communication

WTO Agreement on SPS, Art 5.7: “In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from relevant international organisations as well as from SPS measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the SPS measure accordingly within a reasonable period of time”

WTO Agreement on SPS, Art 5.7: “In cases where relevant scientific evidence is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from relevant international organisations as well as from SPS measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the SPS measure accordingly within a reasonable period of time”

Precaution & Plant, Animal and Human HealthPrecaution & Plant, Animal and Human Health

PrecautionPrecaution

•Precaution should be considered within a structured approach to risk analysis•Precaution is particularly relevant to risk management•Precaution, which is used by decision-makers in risk management, should not be confused with the element of caution (prudential approach) that scientists apply in their assessment of scientific data

•Precaution should be considered within a structured approach to risk analysis•Precaution is particularly relevant to risk management•Precaution, which is used by decision-makers in risk management, should not be confused with the element of caution (prudential approach) that scientists apply in their assessment of scientific data

PrecautionPrecaution

• For economic operators, precaution is not welcomed– because it has the potential to create

non-justified barriers to trade.– But, in exceptional circumstances,

decision-makers may need to take such measures to protect human health

• In such exceptional circumstances, the measures taken should comply with several criteria

• For economic operators, precaution is not welcomed– because it has the potential to create

non-justified barriers to trade.– But, in exceptional circumstances,

decision-makers may need to take such measures to protect human health

• In such exceptional circumstances, the measures taken should comply with several criteria

Precautionary measuresPrecautionary measures

• Exceptional• Provisional• Proportional• Non-discriminatory• Consistent• Based on a cost/benefit analysis• Assign burden of proof• Allow consultation of stakeholders

• Exceptional• Provisional• Proportional• Non-discriminatory• Consistent• Based on a cost/benefit analysis• Assign burden of proof• Allow consultation of stakeholders

Precaution - Codex discussionsPrecaution - Codex discussions

• Codex develops Working Principles for Risk Analysis

• In the frame of this discussion, Codex discussed how to integrate precautionary approach in risk management possibly through definition of guidelines

• Codex develops Working Principles for Risk Analysis

• In the frame of this discussion, Codex discussed how to integrate precautionary approach in risk management possibly through definition of guidelines

Precaution - Codex recommendationPrecaution - Codex recommendation

“When there is evidence that a risk to human health exists but that scientific data are insufficient or incomplete, the CAC should not proceed to elaborate a standard but should consider the need for a Codex related text, such as a code of practice, provided that such a text would be supported by the available scientific evidence”

CAC, July 2001

“When there is evidence that a risk to human health exists but that scientific data are insufficient or incomplete, the CAC should not proceed to elaborate a standard but should consider the need for a Codex related text, such as a code of practice, provided that such a text would be supported by the available scientific evidence”

CAC, July 2001

Precaution - ConclusionsPrecaution - Conclusions

• Risk analysis– Risk assessment– Risk management– Risk communication

remains the rule

• Precautionary measures should remain the exception

• Risk analysis– Risk assessment– Risk management– Risk communication

remains the rule

• Precautionary measures should remain the exception