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.