Geneva Dialogue on China

1
Geneva Dialogue on Chinas Sustainable Trade
StrategyPanel two Standards, market and public
policy objective

• Mr Marinus Huige
• Chairman, WTO SPS Committee

2
WTO Agreement on the Application of Sanitary and
Phytosanitary Measures (SPS Agreement)
The right to protect human, animal or plant
life or health
Avoiding unnecessary barriers to trade
3
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
4
If necessary to impose an SPS measure Where to
start (1)?

• Is there a relevant international standard
• (Codex, IPPC or OIE)?
• ? Yes
• Does the measure conform to the intl standard?
  
• If yes, then the measure is OK
• (safe harbour)

5
Where to start (2)?

• Is there a relevant international standard?
• ? Yes
• Does the measure conform to
• the intl standard? (Or if there is no intl
  standard)
• ? NO
• Is their sufficient scientific evidence // an
  appropriate risk assessment to maintain the
  measure?

6
Article 3.3

• Members 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.

7
International standards and scientific
justication concerns at the WTO
8
Specific Trade Concerns by Area (1995-2007)
-G/SPS/GEN/204/Rev.8 (Adds. 1-3)
9
Some specific trade concerns raised in the SPS
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
10
Title Members 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
11
Some specific trade concerns raised by China in
the 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
12
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
13
Some specific trade concerns raised in the SPS
Committee regarding measures by India
Title Members raising the concern Members supporting the concern Members maintaining the measure date Status
Biotech labelling and import approval process regulations United States Argentina, Brazil, Canada India 2006 pending
Export certification requirements for dairy products United States   India 2007 pending
14
Some specific trade concerns raised in the SPS
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
15
Some specific trade concerns raised in the SPS
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
16
Some specific trade concerns raised in the SPS
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
17
Some specific trade concerns raised in the SPS
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
18
Some specific trade concerns raised in the SPS
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, 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
19
Some specific trade concerns raised in the SPS
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
20
Last but not least The need for Transparency
New or modified regulation No existing
international standard or Different than the
international standard Significant impact on
trade (restricting or facilitating)
NOTIFY