World Trade Organization. Agreement on the Application of Sanitary and Phytosanitary Measures

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1 World Trade Organization EPARTMENT: AGRICULTURE Agreement on the Application of Sanitary and Phytosanitary Measures Department of Agriculture South African Food and Quarantine Inspection Services

2 MULTILATERAL TRADING SYSTEM GATT ESTABLISHED IN WAKE OF 2 ND WORLD WAR - 50 YEARS OLD 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

3 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, SPECIALISED COMMITTEES, WORKING GROUPS AND -PARTIES DEALING WITH AGREEMENTS AND AREAS SUCH AS ENVIRONMENT, DEVELOPMENT ETC.

4 O STRUCTURE WTO members may participate in all councils, committees, etc., except appellate dy, Dispute Settlement panels Textiles Monitoring Body, and multilateral mmittees Ministerial Conference General Council meeting as Trade Policy Review Body General Council General Council meeting as Dispute Settlement Body Appellate Body Dispute Settlement Panels tees on and Environment mmittee on least Developed ies al Trade Agreements e-of-payments Restrictions t, Finance and Administration parties on ion groups on lationship between Trade and ent eraction between Trade and tition Policy arency in Government Council for Trade Goods Committees on Market Access Agriculture Sanitary & Phytosanitary Measures Technical Barriers to Trade Subsidies & Countervailing measures Anti-Dumping Practices Customs Valuation Rules Valuation Rules of Origin Import Licensing Trade-Related Investment Measures Key Safeguards Textiles Monitoring Body Working parties on Council for Trade-Related Aspects of Intellectual Property Rights Committees on Trade in Financial Services Specific Commitments Working parties on Professional Services GATS rules Council for Trade Services Multilateral Committee on Trade in Civil Aircraft Committee on Government Procurement Reporting to General Council (or a subsidiary) Reporting to Dispute Settlement Body Multilateral committees inform the General Council of their activities although these agreements are not signed by all WTO members The General Council also meets as the Trade Policy Review Body DEPARTMENT: AG

5 WTO WTO RULES / AGREEMENTS ARE RESULT OF NEGOTIATIONS WTO MEMBERS OPERATE NO DISCRIMINATORY TRADING SYSTEM THROUGH AGREEMENTS EACH COUNTRY RECIEVES GUARANTEES EXPORTS BE TREATED FAIRLY IN OTHERS MARKETS EACH PROMISES SAME FOR IMPORTS INTO OWN MARKETS DISPUTE SETTLEMENT PROCEDURES

6 WTO AGREEMENTS SANITARY AND PHYTOSANITARY MEASURES TECHNICAL BARRIERS TO TRADE INTELLECTUAL PROPERTY RIGHTS

7 AGREEMENT ON SPS MEASURES SPS MEASURES ARE ANY MEASURES APPLIED TO Protect human or animal life from risks arising from additives contaminants, 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-causing organisms; or Prevent or limit other damage to a country from the entry, establishment or spread of pests. Include SPS measures taken to protect health of fish and wild fauna, as well as of forests and wild flora Measures for environmental protection, per se, or to protect welfare of animals not covered by SPS

8 Continue / MAIN DETERMINATIONS Members shall accept the SPS measures of other members as equivalent In setting SPS measures, members must make use of three sisters; Codex Alimentarius, IPPC and OIE More stringent measures can be set if substantiated by scientific evidence

9 Technical regulations must be based on an international standard DEPARTMENT: AG Continue / MAIN DETERMINATIONS Members shall ensure that in respect of technical regulations products imported from any member shall be accorded treatment as less favourable than that accorded to domestic products or products from any other country Technical regulations shall not be prepared, adopted or applied to create unnecessary obstacles to international trade Technical regulations shall not be more trade restrictive than necessary to fulfill a legitimate objective inter alia national security requirements prevention of deceptive practices protection of human health or safety, animal or plant like of health, or the environment

10 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 Objective? (of technical regulation, standard or conformity assessment procedure) NO (Next Page) Any other Objective Protect Human Life Protect Animal Life Protect Plant Life Protect a Country From risks arising from, From risks arising from, From risks arising from, From risks arising from, BT Additives contaminants toxins or diseasecausing organism in their foods plant or animal carried diseases Additives toxins pests diseases disease-causing organisms Pests diseases disease-causing organisms SPS Damage caused by the entry,establishm ent, or spread of pests DEPARTMENT: AG

11 PORT/EXPORT/LOCAL BUSINESS PROCESS OF DOA: NR DEVELOP NORMS AND STANDARDS QUALITY CONTROL PLANT HEALTH INTERNATIONAL NATIONAL INTERNATIONAL NATIONAL INITIATE NORMS AND STANDARDS nternational Liaison National Liaison NRS: SAAFQIS PLANT HEALTH FS & QA AH GR QUARANTINE FACILITIES GRADING FIRST LEVEL IMPLEMENT NORMS AND STANDARDS DIAGNOSTIC FACILITIES INSPECTION SECOND LEVEL ANALYTICAL FACILITIES AUDIT THIRD LEVEL DEPARTMENT: AG

12 EXPECTATIONS OF RISK MANAGEMENT IN TERMS OF SPS ORGANISATION WHICH : IS ABLE TO MAINTAIN INTERNATIONAL STATUS IS SELF SUFFICIENT AND MORE EFFECTIVE ELIMINATE DUPLICATION

13 Continue / ORGANISATION WHICH: IS SCIENTIFIC JUSTIFIED WITH REGARD TO THE DECISION-MAKING PROCESS AND POLICY FORMULATION IS ABLE TO SATISFY RISK MANAGEMENT OBJECTIVES OF A COUNTRY AND MUST GUARANTEE REQUIRED LEVEL OF PROTECTION FOR PLANT HEALTH AND THE ENVIRONMENT

14 Continue / ORGANISATION WHICH: ENSURE PROTECTION AGAINST UNFAIR AND FRAUDULENT TRADE PRACTICES OPTIMALLY UTILISES THE AVAILABLE RESOURCES