SUMMARY OF THE MEETING OF 26-27 MARCH 2015
NOTE BY THE SECRETARIAT[1]
1 ADOPTION OF THE AGENDA. 4
2 INFORMATION ON
RELEVANT ACTIVITIES. 4
2.1 Information from Members. 4
2.1.1 Peru - Results of the 46th
Meeting of the Codex Committee on Food Hygiene, held in Lima on 17-21 November
2014 (G/SPS/GEN/1396) 4
2.1.2 Russian Federation – Information
regarding the regional workshop on food standards within CCEURO, to be held in
Saint Petersburg (Russia) on 17-18 September 2015. 4
2.1.3 Russian Federation – Possible scenario
on African swine fever spread in the Eurasian region 4
2.1.4 European Union - Update on the
epidemiological situation of African swine fever 4
2.1.5 Japan - Update on the response to
TEPCO's Fukushima Daiichi nuclear power station accident and on import
restrictions on Japanese food regarding radioactive nuclides. 5
2.1.6 United States of America – New
self-reporting tool of the US Food Safety Inspection Service 5
2.1.7 Indonesia – Information regarding the
29th Session of the Asia Pacific Plant Protection Commission (APPPC) 5
2.1.8 Belize – Information on a national
Codex workshop held in the capital city of Belmopan on 28-29 January 2015. 5
2.2 Information from the relevant SPS
standard-setting bodies. 5
2.2.1 CODEX. 5
2.2.2 IPPC. 6
2.2.3 OIE (G/SPS/GEN/1394) 6
3 SPECIFIC TRADE
CONCERNS (g/sps/gen/204/rev.15). 6
3.1 New issues. 6
3.1.1 China's measures on bovine meat –
Concerns of India. 6
3.1.2 General import restrictions due to
African swine fever – Concerns of the European Union. 7
3.1.3 General import restrictions due to
highly pathogenic avian influenza - Concerns of the European Union 7
3.1.4 Mexico's measures on imports of
hibiscus flowers – Concerns of Nigeria. 7
3.1.5 Chinese Taipei's strengthened import
restrictions on food with regard to radionuclides - Concerns of Japan. 7
3.1.6 US proposed rule for user fees for
agricultural quarantine and inspection services – Concerns of Mexico 8
3.2 Issues previously raised. 8
3.2.1 Application and modification of the EU
Regulation on Novel Foods - Concerns of Peru (No. 238) 8
3.2.2 Korea's strengthened import
restrictions on food and feeds with regard to radionuclides – Concerns of Japan
(No. 359) 9
3.2.3 China's import restrictions in response
to the nuclear power plant accident – Concerns of Japan (No. 354) 10
3.2.4 European Union revised proposal for
categorization of compounds as endocrine disruptors – Concerns of the United
States of America (No. 382) 10
3.2.5 France's Ban on Bisphenol A
(BPA) – Concerns of the United States of America (No. 346) 11
3.2.6 Australia and US non-acceptance of OIE
categorization of India as "negligible risk country" for BSE -
Concerns of India (No. 376 and 375) 11
3.2.7 General import restrictions due to BSE
- Concerns of the European Union (No. 193) 12
3.2.8 Turkey's requirements for importation
of sheep meat - Concerns of Australia (No. 340) 12
3.2.9 India's import conditions for pork and
pork products – Concerns of the European Union (No. 358) 13
3.2.10 US measures on catfish – Concerns of
China (No. 289) 13
3.2.11 US high cost of certification for
mango exports – Concerns of India (No. 373) 13
3.2.12 EU ban on certain vegetables from
India – Concerns of India (No. 374) 14
3.2.13 Indonesia's port closures – Concerns
of Chile (No. 330) 14
3.2.14 EU withdrawal of equivalence for
processed organic products – Concerns of India (No. 378) 14
3.3 Information on resolution of issues in
G/SPS/GEN/204/Rev.15. 15
4 operation of
transparency provisions (G/SPS/GEN/804/Rev.7). 15
4.1 Russian Federation – Information
regarding amendments to the common sanitary requirements (G/SPS/N/RUS/50/Add.1) 15
4.2 Nigeria – Additional information on the
operation of transparency provisions. 15
5 IMPLEMENTATION OF
SPECIAL AND DIFFERENTIAL TREATMENT. 15
6 EQUIVALENCE - ARTICLE
4. 15
6.1 Information from Members on their
experiences. 15
6.2 Information from relevant observer
organizations. 15
7 PEST- AND DISEASE-FREE
AREAS - ARTICLE 6. 16
7.1 Information from Members on their pest or
disease status. 16
7.1.1 Nigeria – Avian influenza situation
(G/SPS/GEN/1397) 16
7.1.2 Mexico – Information on pest- or
disease-free areas and areas of low pest or disease prevalence 16
7.1.3 South Africa – Foot and mouth disease
(FMD) status. 16
7.2 Information from Members on their
experiences in recognition of pest- or disease-free areas 16
7.3 Information from relevant observer
organizations. 17
8 Technical Assistance
and Cooperation.. 17
8.1 Information from the Secretariat 17
8.1.1 WTO SPS activities
(G/SPS/GEN/521/Rev.10, G/SPS/GEN/997/Rev.5) 17
8.1.2 STDF (G/SPS/GEN/1384) 17
8.2 Information from Members. 18
8.2.1 Technical assistance activities
provided by the European Union in 2014 (G/SPS/GEN/1139/Add.3) 18
8.3 Information from observer organizations. 18
9 Review of the
Operation and Implementation of the SPS Agreement. 19
9.1 Fourth Review.. 19
9.1.1 Report of the Informal Meeting. 19
9.1.2 Adoption of report of Fourth Review
(G/SPS/W/280/Rev.2) 21
9.1.3 Proposals submitted during the Fourth
Review.. 21
10 Monitoring of the Use
of International Standards. 22
10.1 New Issues. 22
10.1.1 United States of America – HPAI
restrictions not consistent with the OIE international standard 22
10.2 Issues previously raised. 22
11 Concerns with Private
and Commercial Standards. 22
11.1 Report of the Informal Meeting. 22
12 Observers. 25
12.1 Information from observer organizations. 25
12.2 Requests for observer status. 26
12.2.1 New requests. 26
12.2.2 Outstanding requests. 26
13 ELECTION OF THE
CHAIRPERSON.. 26
14 Other Business. 27
15 Date and Agenda for
Next Meetings. 27
1.1. The Committee on Sanitary and Phytosanitary Measures (the
"Committee") held its sixty-second regular meeting on 26 and 27 March
2015. The proposed agenda for the meeting was adopted with amendments
(WTO/AIR/SPS/2).
2.1. Peru
provided information about the 46th meeting of the Codex Committee
on Food Hygiene held in Lima
in November 2014. The general objective of the meeting had been to discuss and
evaluate the proposed draft Codex standards relating to food hygiene. The
topics discussed included principles of hygiene to control parasites in food;
guidelines to prevent the Trichinella parasite
in pork meat; and general principles of hygiene for products with low moisture
content. The meeting had reinforced the close ties between Peru's National
Codex Committee and other Codex Committees worldwide. More information can be
found in document G/SPS/GEN/1396.
2.2. The Russian Federation
announced a regional workshop on food standards for members of the FAO/WHO
Coordinating Committee for Europe (CCEURO), to be held in Saint Petersburg on 17‑18 September 2015. Russia thanked the Netherlands for the cooperation in
organizing this workshop and invited CCEURO members to participate.
2.1.3 Russian Federation – Possible scenario on
African swine fever spread in the Eurasian region
2.3. The Russian
Federation drew Members' attention to the
African swine fever (ASF) situation within the Eurasian region. New outbreaks
of the disease were reported in Russia
and Ukraine in 2014 and the
quarantine zone border in Europe had shifted
250 km deeper into the EU territory. In Russia's view the European Union
had underestimated the risk, resulting in the further spread of the disease. In
particular, Russia expressed
concern about the spread of ASF in Estonia,
and the resulting risks for ASF introduction to the Leningrad
regions of Russia.
Russia
appreciated that constructive discussions had started on the matter and
reaffirmed its willingness to share any information on its epizootic situation
and to propose solutions to the problem.
2.4. The European Union believed that this was not the right venue to
discuss Russia's
allegations against the European Union since the case was in the hands of the
Dispute Settlement Body. The European Union also deplored the tone and language
used by Russia
in its statement.
2.5. The European Union provided, for the fourth time, a factual update
on the current epidemiological situation of ASF within its borders. In addition
to the well-known endemic situation on the island
of Sardinia, the virus had been
introduced into the European Union from Russia
through Belarus
in January 2014. Since then it had been detected in four EU member States (Lithuania, Poland,
Latvia and Estonia), with
cases concentrating along their eastern borders. The European Union had put in
place a comprehensive set of harmonized legislation. Zoning/regionalization was
being applied as a tool to limit the impact on trade while eradicating and
preventing the spread of the disease. The limited geographical spread of the
disease more than a year after ASF was introduced into the European Union was
an important indicator of the effectiveness of the control and regionalization
measures applied. The European Union expressed concern that its repeated
requests for information on the surveillance and control measures taken by Belarus and Russia had not been answered. The
European Union also indicated that, upon its initiative, a standing group of
experts on ASF in the Baltic and Eastern Europe
region had been established last year, under the OIE/FAO framework. Members of
this expert group were Russia,
Belarus, Ukraine, the
four affected EU member States and the European Commission, while the OIE acted
as the secretariat. Since ASF was a trans-boundary disease, the aim of this
standing group was to enhance collaboration between all affected countries to
ensure better control of the disease.
2.1.5 Japan - Update on the response
to TEPCO's Fukushima
Daiichi nuclear power station accident and on import restrictions on Japanese
food regarding radioactive nuclides
2.6. Japan provided an update on the situation of Japanese foods following the
nuclear power station accident. Japan
noted that multi-layer countermeasures against contaminated water and strict
monitoring for seafood products were in place. To further promote accurate
understanding of the safety of Japanese fishery products, the Fishery Agency of
Japan had released a report on the monitoring of radionuclides in fishery
products and had circulated it at the SPS Committee in July 2014. Japan reported
that in February 2015, TEPCO had detected a puddle of contaminated water
accumulating on the rooftop of one of the reactor buildings that could have
reached the ocean through a drainage outlet. The Ministry of Economy, Trade and
Industry had ordered TEPCO to conduct a review and present suitable
countermeasures. Japan
noted that close monitoring of the marine environment demonstrated that the
radioactive level in seawater – including near the drainage outlet - showed no
significant change and that radioactive levels in fishery products had been stably
declining. Japan thanked the
Kingdom of Bahrain,
Brunei Darussalam, Oman, the
Kingdom of Saudi
Arabia, Thailand
and the United States of
America for easing their import restrictions
on Japanese food products.
2.1.6 United
States of America – New self-reporting tool of the US Food Safety
Inspection Service
2.7. The United States announced that USDA's Food Safety and Inspection
Service (FSIS) had recently made available to all WTO Members a new web-based
equivalence self-reporting tool (SRT), notified to the WTO through document
G/SPS/N/USA/2511/Add.1. The new SRT had been created to help Members provide or
update information on their inspection systems. This would speed FSIS review of
requests for equivalence and would increase transparency, as countries would be
able to review their request status online. Members who were interested in
learning more were encouraged to refer to the notification or to contact the US delegation
during the meeting.
2.1.7 Indonesia – Information regarding
the 29th Session of the Asia
Pacific Plant Protection Commission (APPPC)
2.8. Indonesia announced that the 29th Session of the Asia Pacific
Plant Protection Commission (APPPC) would be held in Bali, Indonesia,
on 7-11 September 2015. Indonesia
invited all members of the APPPC to participate and indicated that the
invitation letters would be sent out during the first week of August 2015.
2.1.8 Belize – Information on a
national Codex workshop held in the capital city of Belmopan on 28-29 January 2015
2.9. Belize
reported on a national Codex workshop held in Belize on 28-29 January 2015, in
collaboration with several national entities, the Codex contact point of Costa
Rica, and IICA. The workshop had covered initiatives to further strengthen the
work of the national Codex committee; critical components for a national work
plan; and recommendations on how best to engage the private sector in Codex
initiatives at national level. Belize
thanked the government of Costa
Rica and IICA for their support.
2.10. Codex gave an overview of its recent activities, noting that eleven
Codex sessions had been held since the last SPS Committee meeting. The 12th
session of the Committee on Food Additives was currently under way in China. The
Codex representative explained that Codex meetings were hosted by different
countries to save costs, but also to help increase awareness of the work of
Codex around the world. More information is contained in document
G/SPS/GEN/1403.
2.11. The IPPC reported on the 10th session of the Commission
of Phytosanitary Measure (CPM 10), which had met the previous week. The
Commission had decided to promote the proclamation of 2020 as the international
year of plant health, to raise political awareness about plant health; to
promote plant health as a public good; to increase commitments to national
plant health systems; and to better harmonize plant legislation at the national
and international level. At CPM 10 there had also been strong support for
the development of an electronic certification system for plant health
requirements. The IPPC was looking into the possibility of developing an
administrative and legal framework as well as a financial system for such a
hub. For the first time IPPC would be able to provide direct services to
national plant protection organizations. The IPPC had also adopted a
recommendation on sea containers that was important in relation to invasive
alien species (IAS).
2.12. The IPPC welcomed the proposal on risk assessment presented by the
United States (G/SPS/GEN/1401) and expressed its willingness to participate in
an informal session, prior to the July SPS Committee meeting, to share
practical experiences in the area of awareness raising and communication. The
IPPC welcomed collaborative efforts of the SPS Committee in this area.
2.13. The OIE outlined its report as contained in G/SPS/GEN/1394. Among
the items up for adoption at the General Session in May, the OIE highlighted
the revised chapter of the Terrestrial Animal Health Code on foot and mouth
disease (FMD); further amendments of the BSE chapter; a new chapter on
infection with epizootic haemorrhagic disease, and a revised chapter on
infection with African horse sickness virus.
3.1. The Secretariat drew attention to the recently released annual
compilation of specific trade concerns (G/SPS/GEN/204/Rev.15 and G/SPS/GEN/204/Rev.15/Corr.1).
The report compiled all issues raised in the SPS Committee during 2014. A total
of 29 specific trade concerns had been discussed, of which 14 were new
issues, 12 were previously raised, and three were reported as resolved.
3.2. India raised its concerns about China's import ban on bovine meat
due to the prevalence of FMD in India. The ban had first been imposed by China
in 1990 because of the incidence of rinderpest and FMD in India. Despite India
being declared free from rinderpest in 1995 through an OIE resolution, China
had not accepted India's rinderpest-free status until 2012. With regard to FMD,
India had informed the Chinese authorities about the implementation of a strong
FMD control programme through vaccinations that had created FMD-free areas,
from where bovine meat was exported to various countries. China had signed a
veterinary protocol for import of bovine meat from India in May 2013;
nonetheless a visit for inspections of meat processing plants by the Chinese
authorities from the General Administration of Quality Supervision, Inspection
and Quarantine (AQSIQ) was still pending. India also noted that all the
information requested by AQSIQ had been provided to the Chinese authorities.
India therefore requested China to carry out the required inspections at the
earliest so that trade in bovine meat could restart smoothly.
3.3. China noted that a questionnaire had been required to lift the ban
and that the first expert panel meeting had been convened in December 2013.
However, since the department of Agriculture of India had not sent any experts
to the meeting, technical exchange on prevention and control of FMD could not
be conducted. Furthermore, the technical data requested by China had not been
provided until July 2014. And were currently being assessed. China would hold
the second expert panel meeting in December 2015 in view of lifting the ban and
hoped that the Indian Department of Agriculture would assign a contact person
for technical issues to ensure smooth communication.
3.4. The European Union appreciated those trading partners that had not
taken any import measures due to the African swine fever (ASF) outbreaks,
trusting the strict EU control system. At the same time the European Union
expressed concerns with the country-wide bans imposed by several other trading
partners and stressed the importance and effectiveness of regionalization
measures. The European Union had demonstrated that it took all outbreaks of ASF
very seriously, ensuring delivery of safe pork meat and products both to the EU
market and to third countries. The robustness of the EU system, including its
surveillance and control measures, had been detailed earlier in the meeting.
The European Union reminded Members of their regionalization obligations under
Article 6 of the SPS Agreement and referred to document G/SPS/GEN/1159, where
it had described how regionalization for animal diseases could be implemented
successfully. The European Union invited all WTO Members keeping
disproportionately trade-restrictive measures to respect their regionalization
obligations and to lift all country-wide bans.
3.5. The European Union also expressed concerns about Members maintaining
country-wide bans on EU poultry products. The European Union remarked that the
early detection, control and eradication measures for avian influenza that were
legally binding in EU member States had proved to be effective. The European
Union was disappointed that some Members had put temporary bans in place that
had never been lifted or justified, while other Members had not informed the
European Union about the steps or time required to recognize regionalization.
The European Union made reference to the Committee's Guidelines to Further the
Practical Implementation of Article 6 of the SPS Agreement (G/SPS/48) and
invited all Members to allow trade of all safe products, especially from
non-affected zones.
3.6. Nigeria expressed concerns on certain verification procedures being
used by Mexico on imported hibiscus flowers from Nigeria. Following the Mexican
quarantine authorities' request to change the certificate, Nigeria had
developed an online platform to generate electronic phytosanitary certificates
and had held bilateral discussions with Mexico's quarantine authority. The
validation procedures were causing delays for Nigeria's exports of hibiscus
flowers and real losses in some cases. Nigeria thanked the Mexican delegate for
the efforts made to convene a bilateral meeting on the margins of the Committee
meeting, but noted that no timelines had been agreed for the resolution of the
issue.
3.7. Burkina Faso echoed Nigeria's concern since it was experiencing
similar problems with exports to Indonesia. Senegal also shared the concern,
noting that Senegal was currently trying to develop its hibiscus flower sector
and would consider the possibility of exporting to Mexico.
3.8. Mexico explained that 14 shipments of Hibiscus flowers with false
SPS certificates had been intercepted during 2014. Mexican authorities had
since maintained ongoing communication with Nigeria and had held a meeting in
capital and a bilateral meeting on the margins of the Committee meeting with
the aim of guaranteeing the authenticity of the certificates produced by the
Nigerian authorities. While setting a timeline was not possible due to certain
aspects that still needed to be concluded, Mexico confirmed its willingness to
find a prompt solution to the problem.
3.9. Japan expressed its concerns over the import ban imposed by Chinese
Taipei on food exports from five Japanese prefectures after the accident at
TEPCO's Fukushima Daiichi Nuclear Power Station, as well as over the draft
strengthened import regulations that required a pre-test certificate issued by
the Japanese Government for almost all Japanese foods from all remaining
prefectures. Japan had repeatedly provided Chinese Taipei with comprehensive
monitoring results to demonstrate that Japanese food was safe for human
consumption. Four years had passed since the nuclear accident in 2011. In the
meantime 13 Members such as Australia and Viet Nam had lifted their import
restrictions. Many other Members, including the European Union, the United
States and Singapore had eased their import restrictions based on sound
scientific data. Japan believed that the measures maintained by Chinese Taipei
were not based on relevant international standards and were more
trade-restrictive than required. Japan therefore requested that Chinese Taipei
lift the import ban on the five prefectures and withdraw the draft strengthened
import regulations notified to the SPS Committee last November.
3.10. Chinese Taipei noted that, although all the inspected batches
proceeding from Japan were in compliance with Chinese Taipei's regulation,
consumer protection groups and the public were still concerned about the safety
of food imported from Japan. The notified draft control measure requiring that
food products imported from Japan be accompanied by pre-export radiation test
certificates and certificates of origin was developed as a consequence of the
radioactive contaminated water leak accident from Fukushima nuclear power plant
in 2013. Chinese Taipei expressed its willingness to continue bilateral talks
and looked forward to finding a mutual satisfactory solution on this matter.
3.11. Mexico raised a concern regarding the United States proposed rule
for user fees for agricultural quarantine and inspection services. Mexico was
particularly concerned about an increase of over 200% in the inspection
services fees for commercial trucks with electronic transmitters, and an
increase of 52% of the current fee for other types of commercial trucks.
Mexican agricultural exports entered the United States mainly via land. Since
Mexico was one of the main trading partners of the United States and the main
source of agricultural products, this measure would not only affect
transportation costs for Mexico, but it would also have a direct effect on the
prices for final consumers, generating inflation and putting at risk small and
medium producers and thousands of jobs directly or indirectly related to this
sector. Mexico also noted that the measure could be considered discriminatory
against Mexican imports, violating the Article 2.3, since most other trading
partners did not export via land and traded much smaller volumes with the
United States. The regulation also countervailed Members' obligations on
transparency, as it had not been officially notified to the WTO. In Mexico's
view the regulation was also incompatible with Article 8 and Annex C of the SPS
Agreement, which required that any fees imposed for procedures on imported
products be limited to the processing cost and be no higher than the actual
cost of the services. The Mexican Government and private sector had
participated in the consultation procedures and had submitted their concerns.
Mexico hoped that its comments would be taken into consideration and invited
the United States to comply with the provisions of the SPS Agreement.
3.12. The United States noted that the APHIS proposed rule had been
published on 25 April 2014. Due to the interest in this proposed rule by
stakeholders, the comment period had been extended to 24 July 2014. Comments
had been received from over 200 stakeholders and the review by APHIS was still
ongoing. The United States assured Mexico that it would carefully consider its
and other comments before proceeding with any decisions on the matter.
3.13. Peru reiterated its concerns over the proposed amendment of EU
Regulation No. 258/97 (G/SPS/GEN/1383). Peru challenged the consistency of the EU
proposed regulation with Articles 2.2 and 5 of the SPS Agreement, which require
the importing Member to adopt the least trade-restrictive measure, based on a
risk assessment, and requested the European Union to provide the underpinning
scientific basis. Peru noted how trade statistics for kaniwa (or cañihua)
exports showed the detrimental effects of the EU's Regulation on Novel Foods on
Peru's traditional products derived from biodiversity. While Peru's global
exports of kaniwa had increased by more than 317% in 2013 and about 206% in
2014, going to markets such as Australia, Canada and the United States, the
marketing of this food in the European market was restricted and its real
potential was therefore reduced. Peru also requested the European Union to
clarify the scope of the phrase "a large part of the population of a third
country", contained in Article 2.2(c). The definition did not specify
the percentage or number of people required for this part of the population to
be considered "large", nor did it specify whether the population in
question should constitute a representative sample of the country's population
as a whole or whether it may concern specific areas.
3.14. The Plurinational State of Bolivia, Colombia, Costa Rica, Dominican
Republic, Ecuador and Guatemala expressed their support for Peru's concerns.
3.15. The European Union recalled that the new proposal did not change the
definition of novel food or the scope of the regulation, which covered foods,
production processes and production methods new to the European Union for
various reasons. This was in line with article 5.2 of the SPS Agreement. The
European Union noted that in some cases safe consumption might require
preparation or consumption habits only known to the consumers of the country
producing the food in question. It was therefore not possible to anticipate the
potential risk associated with such novel foods, production processes or
production methods and to address them in an all-encompassing risk assessment. As
a result, the high level of food safety pursued in the European Union could
only be achieved on a case by case basis within the framework of a pre-market
approval system. The EU scheme for Novel Food wass in line with the SPS
Agreement, as it was a pre-market approval based on scientific risk assessment,
in line with Articles 5, 8 and Annex C. The European Union also reiterated its
commitment to provide detailed guidance to applicants regarding the
authorization and notification procedures and noted that products such as
kaniwa should particularly benefit from the new Novel Food Regulation, as they
were likely to qualify for the simplified and shortened procedure for
authorization of traditional foods from third countries. The European Union
finally recalled that the discussion by the EU Parliament and the Council had
not yet concluded; therefore no final text was available. The European Union
would be in a position to provide a definitive answer to the questions and
concerns raised by WTO Members only when the final text was available.
3.16. Japan reiterated its concern regarding the additional import bans
and testing requirements maintained by the Government of Korea on Japanese food
products. Japan considered that these bans and the additional testing
requirements were non-transparent, discriminatory, more trade-restrictive than
necessary and lacked a scientific basis. Japan had held numerous bilateral
meetings and provided detailed information to Korea, seeking to use the tools
set forth in the SPS Agreement to reach an amicable solution. In addition,
at the request of the Korean government, Japan had hosted on-site visits by a
Korean investigative committee in December 2014 and January 2015, and had
assisted the committee's members in fully understanding the extent of the
measures that Japan had taken to secure the safety of Japanese fishery
products. In contrast, Korea had failed to respond to Japan's requests and had
provided no information on the timeline and steps towards the lifting of its
measures. To illustrate the damage of this ban, Japan reported the example of
the Tohoku area, where around 70% of farmed sea squirt was previously exported
to Korea. The Tohoku sea squirt farmers were now facing a ban despite the fact
that more than 150 samples from sea squirt had been inspected, with radioactive
cesium either significantly below Korea's safety thresholds or so low as to be
non-detectable. Japan stressed the fact that Korea's ban on such products
lacked any scientific basis and reiterated that if Korea continued ignoring
Japan's requests, Japan would have no choice but to resort to other actions
under the WTO.
3.17. Korea noted that the necessary procedures to resolve this issue in a
bilateral way had been in place since Japan had first raised this issue in the
SPS Committee. Korea explained that the ban had been adopted as a provisional
measure in accordance with Article 5.7 of the SPS Agreement. At the same time,
Korea had sought to obtain additional information from the Japanese government
and had organized a private experts committee to review this information and to
verify the scientific evidence. Korean experts had also visited Japan three
times since last December. Korea was in the process of reviewing all the
information obtained and hoped for full co-operation with Japan to solve this
issue bilaterally.
3.18. Japan recalled its concern over import restrictions by China on
Japanese food exports, following TEPCO's nuclear power station incident. Japan
had expressed the same concern three times consecutively since last March and
regretted that no progress had been made, since China still maintained a ban on
products from ten Japanese prefectures. In Japan's view, this ban was not based
on international standards and was more trade-restrictive than required to
achieve the appropriate level of protection. In June 2013, Japan had provided
China with monitoring results that demonstrated that Japan's food was safe for
human consumption. Japan was also concerned about additional prefectures
subject to import bans on vegetables, fruit, tea, milk, medicinal plants and
related products. While China had announced in 2011 that it would lift the
import ban on these products, it had since been reluctant to do so, despite
Japan's proposal of pre-test certificates. Japan was concerned that China
deliberately avoided any progress on this issue, raising the doubt that its
measures were applied as a disguised restriction on international trade. Japan
requested that China immediately accept Japan's pre-test certificates, and lift
the import ban without further delay.
3.19. China explained that TEPCO's nuclear power station incident, which
had brought great losses to Japan, had posed serious threats to food safety.
China had imposed corresponding measures on agricultural and marine products
from Japan, based on risk assessment in compliance with international practice.
China had already adjusted the inspection and quarantine measures for Japanese
food and agricultural products, and continued to apply restrictions only for
high-risk products from seriously polluted regions. China expressed concerns
about reports by Japanese media about the monitoring procedures for nuclear
pollution of the Fukushima Daiichi Nuclear power plant. According to Japanese
media, the company responsible for the monitoring had used simple detection
methods and had directly discharged nuclear wastewater into the open sea.
Additionally, no action had been taken after discovering a high presence of
radioactive substances in some drainage channels. China invited Japan to verify
the media reporting and noted that China would take measures according to the
technical documents provided by Japan and to the experts' assessment results.
3.20. The United States raised concerns regarding the EU public
consultation on defining criteria for identifying endocrine disruptors in the
context of the implementation of the plant protection product regulation and
biocidal products regulation. The United States questioned the scientific
evidence considered in developing and selecting each of the options presented
in the Roadmap and feared that risk might have not been taken into account.
Implementation of any hazard-based "cut off" option that did not
consider risk from actual exposure could have severe implications for EU imports
of agricultural goods, including those from the United States. Furthermore,
banning chemicals and pesticides solely based on endocrine-disrupting
properties might incentivize the use of more dangerous products, simply because
they do not present endocrine-disrupting properties. The United States
encouraged the European Union to explain in a public document how significant
stakeholders' comments would be taken into account and urged the Commission to
adopt an approach that fully considered the vital role that pesticide chemicals
play in food safety and security.
3.21. Argentina, Brazil, Canada, China, Colombia, Costa Rica, Guatemala,
India, Kenya, Madagascar, Malaysia, Mexico, Nigeria, Pakistan, South Africa and
Uruguay shared the US concern regarding the socio-economic effects that the EU
measure would have on their countries if the legislation was to be approved.
Various Members asked if the European Union had considered conducting an
economic impact assessment for such a regulation and looked forward to being
further informed.
3.22. The European Union noted that there was currently no new EU
legislative proposal on defining criteria for identifying endocrine disruptors.
The European Commission was in the process of conducting a full impact
assessment, where all health, environmental and socio-economic aspects,
including impacts on international trade, would be addressed. Following the
publication of the Roadmap in June 2014, a public consultation had been held
from September 2014 to January 2015. Over 27,000 responses had been
received and published on the EU Commission website, and an analytical report
of these responses would be provided in due course. A stakeholders'
conference for all interested parties, including third countries, was planned
for the 1 June 2015, while a dedicated webpage with information on the ongoing
impact assessment would be available soon on the DG-SANTE website. In parallel,
the necessary studies to support the impact assessment were ongoing. The first
one would estimate which substances would be identified under each option for
the criteria outlined in the Roadmap, with 700 chemicals being screened. Only
when the results of these screenings would be available, the European
Commission would launch the studies assessing impacts on health, environment,
trade, agriculture and socio-economic effects in general and include them in
the impact assessment report that would accompany any legislative proposal. If
and when such proposal would be made, the legislative draft would be notified
to the WTO to allow Members to present their comments, in line with the
transparency obligations of the SPS Agreement that the European Union
promoted and would like to reinforce.
3.23. The United States recalled its concerns over France's ban on the use
of the chemical Bisphenol A (BPA) in the
production of food containers and food contact surfaces, including cans, for
baby food beginning 1 January 2013 and for all foods beginning on 1 January
2015. The United States urged the European Union to notify this ban to the SPS
Committee and requested France to provide its risk assessment supporting the
ban. The United States also highlighted the lack of scientific basic for the
ban by recalling the assessment on BPA released by the US Food and Drug
Administration, the European Food Safety Authority (EFSA) and the German
Federal Risk Assessment Institute (BfR). According to the United States, all
agencies found no safety issues with BPA, that exposure to BPA from the diet or
a combination of sources was considerably under the safe level, and therefore
poses no health risk to consumers. The United States therefore urged France to
rescind the ban on BPA.
3.24. The European Union explained that as a general rule, EU member
States may adopt their own national measures in areas that are not harmonised
at an EU level. For areas that are harmonized at EU level, member States may,
in addition, temporarily suspend or restrict application of the harmonized EU
provisions within their territory when, as a result of new information or
reassessment of existing information, it has detailed grounds for concluding
that the use of the material endangers human health. For areas where there is
no harmonized measure, member States may adopt national provisions if they are
deemed necessary in view of protecting the health and lives of citizens.
According to the European Union, France had justified its national measures on
these grounds.
3.25. The European Union further explained that BPA had raised divergent views
from scientists for many years, referring to both the US and EU risk
assessments on BPA. France adopted its national law in December 2012 on the
basis of an assessment of the health effects of BPA conducted by the French
Agency for Food, Environmental and Occupational Health & Safety. This was
subsequently underpinned by a specific risk assessment on BPA by the French
Agency, which was published in April 2013. EFSA had completed its comprehensive
evaluation of the risks to public health from BPA, which was published only in
January 2015. The French Agency and EFSA had discussed the diverging views,
which was foreseen in EU food law and may occur as part of the normal
scientific risk assessment process. The European Union was now evaluating the
opinion of EFSA on BPA in full as a matter of priority and would assess the
adequacy of existing EU measures as well as measures adopted by member States.
The European Union ensured that decisions taken on the risk management
concerning BPA in food contact materials at EU level would be communicated
effectively to all stakeholders, including third countries. If any changes to
the EU legislation were to be proposed, they would be duly notified to the WTO
SPS Committee to allow WTO Members to share their scientific data or opinions
and make their observations that would be taken into account, assessed and
properly responded to within the WTO framework.
3.26. India restated its concern that the United States did not accept the
OIE categorization of India as a negligible risk country for BSE. India
recalled that the OIE defined the standards for six diseases including BSE, and
that India followed these standards in line with the SPS Agreement. India
reminded Members to apply OIE designations instead of conducting their own
national assessments, and noted that the United States had chosen to disregard
the OIE designation, which was contrary to accepted international practice
among Members. India requested the United States to recognize its official OIE
BSE status.
3.27. India also reiterated its concern regarding Australia's
non-acceptance of its OIE categorization as negligible risk country for BSE. India
noted that Australia had chosen to implement its own categorization process and
voiced concerns about the multiplicity of systems, as well as the risk that
national categorization processes would contradict the OIE's categorization.
India requested that Australia share the reasoning behind its diverging view in
determining a negligible risk country.
3.28. The United States reiterated its commitment to aligning its import
regulations governing BSE with OIE guidelines. The United States had received
India's OIE dossier on 10 September 2014, and was currently reviewing India's
status, with an opportunity for public comments.
3.29. Australia indicated that, consistent with the SPS Agreement, it
reserved its right to conduct its own risk assessments on the status of India
or any other Member in relation to diseases of biosecurity concern, including
BSE, in accordance with its appropriate level of protection.
3.30. The European Union reiterated the importance of this concern; SPS
measures adopted by Members had to be based on relevant international
standards. Unjustifiable trade restrictions relating to BSE were still in place
in a number of Members, although OIE standards for safe trade had existed for
more than ten years. The European Union welcomed the growing number of WTO
Members recognizing the EU control system and the EU member States' negligible
or controlled risk status. The European Union urged all Members to align their
BSE requirements with OIE standards.
3.31. Specifically, the European Union welcomed the progress made by
China, allowing beef exports from one EU member State and the lifting of the
ban on two others. The European Union also welcomed the beginning of exports
from one of its member States to the United States. The European Union urged
China and the United States to provide more information on their import
procedures that would allow exports from other member States. The European
Union also urged Australia, South Korea and Ukraine to process the import
applications submitted by the European Union in a speedy manner. The European
Union reported that it had put in place a robust system for BSE in all of its
member States, following the OIE Terrestrial Animal Health Code. This system
guaranteed that all bovine products placed on the EU market, imported and
exported were safe. Against this background, the European Union urged all
Members to lift the BSE ban on bovine and bovine products for the entire
European Union within a reasonable period of time.
3.32. China explained that it attached great importance to exports of beef
from the European Union and was actively carrying out technical exchange and co-operation
with the relevant EU member States to solve technical problems. China
further explained that it had carried out separate risk assessments for the
relevant EU member States. For the member States without BSE cases, accelerated
procedures were imposed. China noted that Hungary had exported to China while
Latvia had signed a beef export protocol. China had also lifted the ban on some
beef products from the Netherlands and Ireland. China was looking forward to
enhanced technical exchange and consultation with the European Union to
properly solve this issue.
3.33. Australia repeated its concerns over Turkey's requirements for sheep
meat imports, which it had raised at each Committee meeting since October 2012.
Australia reported that it had held productive bilateral discussions with
Turkey in the margins and hoped these discussions would lead to a satisfactory
resolution of the issue. Turkey had advised that it had prepared a draft
veterinary health certificate for sheep meat and undertook to provide a copy of
the certificate and information on certification requirements upon receipt of
an official written request from Australia.
3.34. Turkey explained that during a bilateral meeting, both delegations
had determined that the measure was based on OIE standards. Turkey reiterated
that certification requirements would be made available upon request and
stressed that the measure was not intended to be a trade barrier. Turkey was
open for further consultation with Australia to resolve this issue.
3.35. The European Union recalled its concerns regarding India's import
requirements for pork and pork products, and noted that at the last four
Committee meetings it had requested India to bring such measures into line with
OIE standards. The European Union welcomed the effort made by India in its new
import measures on pork and pork products as notified to the WTO. However,
India had not yet adopted the regionalization principle, requiring a whole
country to be free from animal diseases. India also still required exporting
countries to certify freedom from diseases for which there were no OIE
standards. The European Union requested that India provide scientific
justification for such measures and fully respect its obligations under the SPS
Agreement. The European Union also requested that India publish amended
measures in a timely and transparent manner. The European Union remained open
to cooperating with India to resolve this issue.
3.36. India explained that the measures were currently under review and
had been notified on 16 March 2015 (G/SPS/N/IND/98). India invited all
Members to submit their comments in writing through the relevant authorities
for due consideration.
3.37. China recalled that in the 2014 Farm Bill of the United States, the
regulatory food safety oversight of all Siluriformes
fish was moved from the Food and Drug Administration (FDA) to the United States
Department of Agriculture's Food Safety Inspection Service (FSIS). FDA was
traditionally in charge of other food products, including aquatic products. The
proposed rule on mandatory inspection of catfish and catfish products,–notified
to the Committee in March 2011, would thus duplicate inspections already
conducted by FDA on all catfish products. China also recalled the report
published by the United States Government Accountability Office in May 2012.
According to China, the report observed that the USDA proposed rule on
mandatory inspections would duplicate existing government programmes and would
not improve consumer safety. The USDA risk assessment published in July 2012
showed that the probability of food poisoning from catfish is very low, with
only one salmonella outbreak linked to catfish in the past 20 years. China believed
that the inspection programme was not based on a serious risk assessment, which
violated US obligations under the SPS Agreement. China urged the United States
to regulate catfish on a scientific basis, and to maintain the catfish
inspection programme under the regulatory system of aquatic products.
3.38. The United States explained that the Food Conservation and Energy
Act of 2008, known as the 2008 Farm Bill mandated that catfish be regulated
under the Federal Meat Inspection Act and directed USDA to promulgate a rule to
define catfish and provide for its mandatory inspection. The Agricultural Act
of 2014, known as the 2014 Farm Bill had made FSIS responsible for Siluriformes fish including catfish. The United States noted
that FSIS was currently working on finalizing the catfish inspection rules, and
that trading partners would be notified as soon as these rules were finalized.
3.39. India reiterated its concern regarding the high cost of
certification for mango exports to the United States. In previous meetings, the
United States had offered the possibility of irradiation upon arrival. This
solution had been discussed in a bilateral meeting held on 3–4 March 2015.
India requested that the United States circulate a draft work plan for the
irradiation upon arrival requirement.
3.40. The United States reported that the bilateral discussion in March
2015 had been productive. Two options had been discussed: (1) expansion of the
current irradiation programme for mangoes (and pomegranates) in India through
the approval of two additional irradiation facilities in India; and (2)
irradiation of Indian-origin mangoes (and pomegranates) upon arrival in the
United States. The United States welcomed further engagement with India on this
issue.
3.41. India recalled its previously-raised concern regarding the EU ban on
exports of mangoes and four types of vegetables. India reported that the ban on
mangoes had been lifted in February 2015; however the ban on four types of
vegetables remained. India had informed the European Union on various measures
to improve its packaging, quarantine and inspection system. India also recalled
the Commission's Food and Veterinary Office (FVO) visit to India in September
2014, which had reported overall improvement in the control system. India
requested that the European Union recognize this improvement and lift the
remaining ban.
3.42. Nigeria shared India's concern and noted that such measures could be
an impediment to Nigeria's export diversification efforts.
3.43. The European Union explained that the ban was temporary, to prevent
the introduction into and spread within the European Union of harmful organisms
with regard to bitter gourd, taro, eddo, eggplant and snake gourds originating
from India. The European Union confirmed that the audit mentioned by India had
shown significant improvements in India's phytosanitary export certification system;
nevertheless, interceptions of harmful organism in consignments of
non-prohibited commodities from India were still occurring regularly. The
European Union indicated that further analysis was needed and that a further
review would take place in 2015 on the basis of the evolution of import
interceptions.
3.44. Chile recalled its concern regarding the loss of access for its
fruit exports through the Jakarta port, due to resolutions No. 42 and 43 issued
by Indonesia's Ministry of Agriculture in June 2012. Chile had provided
Indonesia with all the necessary documentation establishing its fruit fly-free
status, and had invited Indonesian authorities to conduct a technical visit to
Chile, which had not yet occurred. To date, Chile had not been recognized as
free of fruit flies by Indonesia, although Chile had fulfilled the
international standards set by IPPC. Chile noted that Indonesia's measure was
not in line with the objectives of the SPS Agreement and further urged
Indonesia to announce a solution at the next Committee meeting.
3.45. Chinese Taipei shared Chile's concerns with regard to Indonesia's
import licensing regime for agricultural products. Chinese Taipei noted that
the regime was complex, burdensome and time consuming, and was not in line with
the national treatment obligation. Chinese Taipei requested that Indonesia
bring its import procedures into conformity with all relevant WTO agreements.
3.46. Indonesia explained that the measures had been taken to effectively
control pest outbreaks and not to ban the importation of fruits and vegetables
through Tanjung Priok port. Indonesia clarified that resolutions No. 42 and 43
issued by its Ministry of Agriculture were in accordance with Article 6 of the
SPS Agreement. Indonesia confirmed the receipt of additional documents provided
by Chile and informed Chile that the documents were currently being reviewed by
the relevant authority.
3.47. India raised concerns regarding the EU withdrawal of equivalence for
processed organic products, which had previously been recognized since 2006.
The equivalence agreement with the European Union provided that processed and
unprocessed organic food products from India could be exported to the European
Union pursuant to certification from the bodies accredited under India's
National Programme for Organic Products (NPOP). In order to expand its exports,
in September 2012 India had published guidelines that would permit certain
imported ingredients. These guidelines provided that the percentage of imported
ingredients would be within the range of 5%. However, EU regulation No.
125/2013 with effect from 1 April 2013 had removed processed organic products from
the equivalence agreement, on the grounds that the agreement required that all
of the ingredients be grown in India. India clarified that no processed organic
products containing imported ingredients were exported to the European Union.
India requested that the equivalence recognition be restored since it had
withdrawn the 2012 guidelines.
3.48. The European Union responded that India's concern was not an issue
under the scope of the SPS Agreement. The European Union reiterated its
commitment towards engaging with India at a technical level on this issue,
within the appropriate framework. An audit of the EU's Food and Veterinary
Office (FVO) would take place in India on 13-24 April 2015.
3.49. The United States supported the EU response, noting that organic
standards and organic certification programmes were not under the scope of the
SPS Agreement.
3.50. Indonesia reported that specific trade concern number 360 concerning
China's import policy for bird nests had been resolved. Indonesia expressed
appreciation to the Government of China and welcomed further cooperation in the
future. China thanked Indonesia for the update and expressed its intention to
solve additional specific trade concerns and to continue bilateral discussions
with Indonesia.
4.1. The Secretariat informed Members that the transparency questionnaire
discussed at the informal meeting had triggered many updates of the addresses
of Members' National Enquiry Points (NEPs) and National Notification
Authorities (NNAs). These updates would be included in SPS IMS, where they
would be available to Members.
4.2. The Russian Federation updated Members on the decision by the
Eurasian Economic Commission to amend the common sanitary epidemiological and
hygienic requirements for products subjected to sanitary epidemiological
supervision. After taking into consideration the comments from Members, the
Eurasian Economic Commission had decided to stop developing amendments to
Section 1 of Chapter 2 of the above-mentioned requirements.
4.3. Nigeria informed Members about the establishment of two new NEPs and
about its new food safety policy. The detailed contact information of the new
NEPs and the notification of the food safety policy would be submitted to the
Committee in the near future. Nigeria also indicated that it had made very few
regular notifications so far, but that it would update its notification process
so as to increase transparency. Nigeria's NNA and the NEPs had agreed to
address all the outstanding issues and submit missing notifications.
5.1. Nigeria encouraged Members to discuss the proposals with regard to
the special and differential treatment provisions of the SPS Agreement
submitted prior to the Cancún Ministerial Conference.
6.1. No Member provided any information under this agenda item.
6.2. Codex informed Members about its new work on guidance for the
monitoring of the performance of national food control systems. Codex noted
that the product of this work would not replace the equivalence provisions of
the SPS Agreement. The final product would be available in about two to three
years to improve the functioning of national food control systems.
7.1. Nigeria provided information on the avian influenza resurgence in
Dala Local Government Area and at a live bird market at Onipanu in Lagos in
January 2015. All state directors of veterinary services had been alerted, and
the OIE, AU-IBAR and development partners had been notified. Nigeria had
established a technical committee on avian influenza to supervise the current
control strategy that included quarantine, depopulation, decontamination and
vaccination. Currently, Nigeria received support from the World Bank and from
FAO to contain the disease. Nigeria stressed that the resurgence of the disease
was a matter of great concern for the continent, and that more intensive
control and surveillance activities were needed. Nigeria urgently requested
more support from national and regional governments and from international
development agencies.
7.2. Madagascar noted that the emergence of avian influenza in Nigeria
was of concern for neighbouring countries and for Africa as the whole.
Madagascar requested assistance from Nigeria to avoid the spread of the
disease.
7.3. Mexico provided information on various pest- or disease-free areas.
Mexico had been declared free from Mediterranean fruit flies, as detailed in
G/SPS/GEN/1376. Mexico had also submitted documents regarding the absence of
Aujeszky's disease in the state of Jalisco (G/SPS/GEN/1380); the absence of
Boll weevil in the state of Baja California and various regions in Chihuaha,
Coahuila and Sonora (G/SPS/GEN/1378 and G/SPS/GEN/1378/Corr.1); the absence of pink
bollworm in the state of Chihuahua and several municipalities in Sonora and
Coahuila (G/SPS/GEN/1377); areas of low prevalence of fruit flies of the genus Anastrepha in certain municipalities in Michoacan and
Nayarit (G/SPS/GEN/1379 and G/SPS/GEN/1389); areas free of spotted-wing drosophila
(G/SPS/GEN/1386 and G/SPS/GEN/1388); areas free from large and small avocado
seed weevils and avocado seed moths (G/SPS/GEN/1390-1393) and areas free from
Pierce's disease (G/SPS/GEN/1385 and G/SPS/GEN/1387).
7.4. Mexico also reported the response to comments and modifications made
to the Official Mexican Standard NOM-026-FITO-1995 as notified in
G/SPS/N/MEX/48/Add.1, and provided information on the modification of the
Official Mexican Standard NOM-026-FITO-1995, amending the controlled cotton
pests, as notified in G/SPS/N/MEX/260/Add.1.
7.5. South Africa informed Members that, after consideration by the OIE,
it had regained its status of foot and mouth disease (FMD) free zone without vaccination,
with effect from 14 February 2014. South Africa urged Members to lift
restrictions on trade in cloven-hoofed animals and their products.
7.6. Madagascar informed Members that it had considered South Africa's
new FMD status and had lifted its ban on the importation of products of animal
origin from South Africa.
7.7. Zambia reported its recognition of South Africa's new FMD status and
supported South Africa's request.
7.8. No Member provided any information under this agenda item.
7.9. Codex informed Members that the biennial meetings of all its
coordinating committees were being held during 2015. Five sessions of the
coordinating committees had already taken place, while the one for the Middle
East would be meeting in May. Steps had been taken to revitalize these
committees to better serve the purpose of Codex within the Codex-FAO-WTO
system. Several of these committees had continued setting regional standards.
8.1. The Secretariat introduced document G/SPS/GEN/521/Rev.10, which provided
an overview of all SPS specific technical assistance activities undertaken by
the WTO Secretariat. The document presented the number and type of activities
delivered each year, including information such as the language used and
participation of the standard-setting bodies. The document showed that there
had been 318 training activities with the overall participation of more than
twelve thousands persons from 1 September 1994 to 31 December 2014. In 2014, 30
SPS-related training activities had been undertaken, including three regional
or sub-regional workshops, 14 national seminars, 12 other activities and one
advanced SPS course.
8.2. The Secretariat also indicated that document G/SPS/GEN/997/Rev.5
provided information on technical assistance activities planned for 2015. The
activities included the Advanced SPS Course to be held in English in October,
three regional SPS workshops to be held for the Caribbean, Asia and Arab
regions, and a thematic workshop on transparency to be held in the margins of
the SPS Committee meeting in October. The Secretariat highlighted that
funding was available for least-developing and developing countries to
participate in technical assistance activities, and that the deadline for
applications was 5 June 2015. The specific dates of the technical assistance
activities, eligibility criteria, prerequisites and application processes could
be found in the document.
8.3. The Secretariat also informed Members of upcoming technical
assistance activities. A workshop on the SPS and TBT Agreements for member
States of the Intergovernmental Authority on Development (IGAD) would take
place in May 2015, in Kenya. National activities were being scheduled for the Dominican
Republic; Honduras; Macao, China; Mexico; Oman; Sudan and Chinese Taipei. The E-learning
Course on the SPS Agreement would be available all year long in the three
working languages of the WTO. The Secretariat also provided an overview of
activities held since the last SPS Committee Meeting in October 2014. These
activities included five national seminars, held in Belarus, The Gambia, Myanmar,
the Kingdom of Saudi Arabia and Trinidad and Tobago; two regional SPS workshops
for the Pacific region, in Samoa, and for Latin America, in Uruguay; and
(participation in training sessions on the SPS Agreement held in Geneva, Kenya
and the Republic of Moldova.
8.4. The Standards and Trade Development Facility (STDF) informed Members
about its activities since the October meeting and upcoming activities, as
detailed in document G/SPS/GEN/1384. The STDF highlighted its new strategy for
the period 2015–2019, which aims to strengthen the STDF's results based
management (RBM) framework and includes a monitoring and evaluation (M&E)
framework. The STDF thanked donor Members (Canada, Denmark, European
Commission, Germany, Ireland, Japan, Netherlands, Norway, Sweden and United
States of America) for the funds provided in 2014. The STDF informed the
Committee about its work on the implementation of SPS measures in the context
of trade facilitation in Africa. The draft report about the research undertaken
in Southern Africa was under review by STDF members. Also in relation to
facilitating safe trade, the STDF had been invited to participate in a plenary
session of the Fifth Global Review of Aid for Trade that would take place on 1
July 2015. The theme of this review was "Reducing Trade Costs for
Inclusive, Sustainable Growth".
8.5. The European Union provided information on its SPS-related technical
assistance activities undertaken in 2014, as contained in document
G/SPS/GEN/1139/Add.3. In this submission the European Union listed technical
assistance activities that either focused on the SPS area or had a significant
SPS component. In 2014, more than 360 such projects had been under way, and the
European Union contributed approximately 152 million euros. The projects
targeted specific SPS issues at the local, national, regional and multilateral
level. The European Union highlighted that the two major projects, i.e. the
Quality and Conformity Fruits and Vegetables Programme (PIP) and Development of
Food Safety Systems Programme (EDES), had undergone mid-term external
evaluations in 2013. The outcome of the evaluations was very positive, but some
areas for improvement had been identified. The European Union invited
interested Members to contact EU delegations in their countries or the
European Commission in Brussels to express an interest in receiving SPS-related
technical assistance.
8.6. Several Members expressed their appreciation for the technical
assistance provided by the European Union. Belize appreciated financing
provided under the 10th European Development Fund (EDF) which
facilitated Belize's participation in the SPS Committee Meeting and the meeting
of the Commission on Phytosanitary Measures held recently in Rome. Madagascar
expressed its appreciation for the technical assistance provided by the
European Union, especially for the improvement in its capacity to analyse
residues in fruit products. Mali also expressed its appreciation, and requested
technical assistance to tackle the fruit fly problem. Kenya reported that it
had benefited from the PIP and EDES programmes as well as the Africa
coordination meeting in preparation for the current SPS Committee meeting
organized by the PANSPSO project. Nigeria also thanked the European Union and
indicated that it had especially benefited from a mycotoxin lab provided by the
European Union. Nigeria also noted that more technical assistance was needed.
Zambia informed Members that EDES implementation has benefited its honey
exports. Burkina Faso indicated its gratitude and highlighted that more
assistance was needed to tackle the of fruit fly problem that troubled its
fruits exports, especially mangoes.
8.7. The Secretariat indicated that certain donors had sponsored the
participation of several delegates from Africa and the Caribbean in the
Committee meeting, which had enriched the discussions.
8.8. The STDF noted that several Members had raised the fruit fly problem
in Africa, and that they might wish to seek technical assistance on a regional
basis. The STDF referred to a fruit fly programme implemented in West Africa
with the support of the European Union. The STDF encouraged affected Members to
develop a joint action plan.
8.9. IICA informed Members about its activities, including a workshop
conducted under the 10th European Economic Development Fund for
Caribbean countries in Trinidad and Tobago on the development of monitoring
programmes for food. IICA also implemented STDF projects, including an online
food inspection course, as part of its Virtual Food Safety Inspector School
project. Under its Codex programme, IICA has been supporting the implementation
of Codex symposia by supporting the participation of over 20 delegates. With
financial support from the United States, IICA had developed national workshops
to build the capacity of exporters to fulfil US food safety requirements. More
details can be found in document G/SPS/GEN/1395.
8.10. OIRSA reported on training and technical assistance activities;
support provided in the areas of harmonization and equivalence; as well as on
prevention, control and eradication activities; on strengthening of national
institutions to facilitate trade; and on strategic alliances for the promotion
of health and trade. More information is available in document G/SPS/GEN/1400.
8.11. Belize, Jamaica and Trinidad and Tobago expressed their appreciation
for the work of IICA and OIRSA.
9.1. The Chairperson reported on the informal meeting on the Fourth
Review of the Operation and Implementation of the SPS Agreement held on 25
March 2015. The Committee had discussed (i) the new revision of the draft
report of the Fourth Review; and (ii) specific proposals submitted in the
context of the Review.
9.2. The Chairperson had reminded Members that according to the agreed
timetable, the Fourth Review should have been completed in October 2014. The
draft report reflected the Committee's work over the past few years. Its
objective was to take stock of what had been achieved, and to make
recommendations for future work. It was not the right instrument to tackle
unresolved substantive differences on certain issues.
9.3. First, the Committee had taken up the new revision of the draft
report of the Fourth Review circulated on 6 November 2014 (G/SPS/W/280/Rev.2).
The Secretariat had highlighted the changes in response to the Committee's
requests at the last meeting. Apart from updates to certain sections, this
included additional recommendations to reflect the periodic reviews of past
Committee decisions, and creative language on two recommendations on which
there had been no consensus in October. These were (i) the fourth
recommendation in the transparency section; and (ii) the second recommendation
in the section on SPS-related private standards.
9.4. The Chairperson had noted that comments on the new revision of the
report had been received from Belize, Canada, Egypt and the European Union.
Except for Egypt's comments, all other comments had focused on the second
recommendation in the section on SPS-related private standards (paragraph
14.20), and they seemed to go in opposing directions.
9.5. First the Committee had taken up Egypt's proposal to introduce three
additional recommendations (G/SPS/W/282). At the informal meeting, there had
been agreement to include the first two recommendations suggested by Egypt, in
sections 11 and 12 of the report. Some Members had noted that the third
recommendation that Egypt suggested, for inclusion in the private standards
section, was very similar to Action 2 from document G/SPS/55. However, it referred
to relevant international organizations, whereas Action 2 referred only to the
Three Sisters.
9.6. Regarding the recommendations in paragraph 14.20 (in the section on
SPS-related private standards), many Members had taken the floor to express
diverging views, in particular on the 2nd bullet point. While some could accept
the language in the latest revision of the draft report, others had suggested
reverting to language used in the previous revision of the report
(G/SPS/W/280/Rev.1). In an effort to find a compromise, Canada had proposed
combining language from two different bullet points from different versions of
document G/SPS/W/280. While some Members had expressed their support for this
new suggestion, others had needed more time to consider it.
9.7. Recognizing the interest expressed by Members to finalize the Fourth
Review, the Chairperson had proposed that a small group, comprised of those
Members who had made comments, attempt to resolve the remaining differences by
proposing compromise language. The group would also address the 3rd
recommendation proposed by Egypt.
9.8. Next, the Committee had discussed the outstanding proposals
submitted in the context of the Fourth Review. Canada had presented the new
revision of its joint proposal with Kenya on a catalogue of instruments
available to WTO Members to manage SPS issues (G/SPS/W/279/Rev.2), which
incorporated comments received from Members since the Committee's last meeting
in October. Kenya had thanked all Members for the comments provided and for
agreeing to develop such a catalogue, which could become one of the
achievements of the current review. Some Members had requested clarification
about the legal status of the document, and the Secretariat had explained that
it would become one of the reference documents adopted by the Committee. The
Chairperson had requested that the Secretariat prepare a draft introductory
paragraph to clarify that the Catalogue did not have a legal status, for
consideration by Members before the possible adoption of the Catalogue during
the regular meeting.
9.9. The second subject discussed had been transparency, where a joint
proposal had been submitted by Chile, the European Union, Morocco and Norway
(G/SPS/W/278). The Chairperson had recalled that in October the Committee had
agreed that a diagnosis of the needs and difficulties of Members in the
implementation of the transparency obligations be carried out through a
questionnaire. Such questionnaire could also help identify problems encountered
by Members that could be addressed within the on-going project aimed to improve
and modernize the SPS IMS and NSS applications. The questionnaire had been
circulated in document G/SPS/GEN/1382, taking into account questions suggested
by several Members.
9.10. The Secretariat had introduced the analysis of the replies to the
questionnaire, circulated as document G/SPS/GEN/1402, acknowledging this
analysis had only recently been circulated in English. 108 responses to the
questionnaire had been received, representing 93 Members and one Observer.
There was a wide coverage in terms of development status and regional
breakdown. All responses were presented with graphics, which in general spoke
for themselves. In some cases, a brief paragraph had been included to highlight
a particular result. Responses had been submitted by the European Union as well
as by several of its member States. The Secretariat had pointed out that the
analysis, including the written comments, were also available online.
9.11. Many Members, including the proponents of the transparency proposal,
had recognized the usefulness of such analysis in assessing the needs and
difficulties related to transparency, as well as examining possible ways to
move forward with this issue. The European Union had presented some preliminary
observations. Since many respondents had been of the view that the term
"trade facilitating" should be further defined, the European Union
had suggested that the Secretariat prepare a factual compilation of existing
WTO definitions of this term. This suggestion had received widespread support.
9.12. The Chairperson had proposed that the analysis of the replies to the
questionnaire on transparency be further discussed at an informal meeting in
July. In addition, she had highlighted that the October workshop on
transparency could be a good opportunity for Members to share experiences and
practices with regard to transparency, as well as to provide hands-on training
on the SPS applications. She had invited Members to submit ideas or suggestions
regarding topics and sessions for the workshop by 15 May 2015.
9.13. Finally, the Chairperson had invited the United States to present
its submission on possible next steps for consideration following the workshop
on risk analysis held in October 2014 (G/SPS/GEN/1401). The United States had
noted that its proposal focused on three key challenges identified by Members
at the workshop, and for which they suggested further action: these were (i)
the need to improve sharing of information related to risk assessment; (ii) the
interest from some Members to benefit from assistance of other Members to
improve their capacity to perform risk analyses, for instance through a
mentoring programme; and (iii) the suggestion to hold an informal session on
risk communication prior to the July 2015 meeting of the Committee. It had also
noted the work being carried out in FAO, WHO and the Three Sisters on risk
assessment and asked the Committee to strengthen its collaboration with these
organizations.
9.14. Many Members had expressed their general support for the US
proposal, indicating that they would need more time to consider all the
elements proposed and how they could be implemented in practice. The proposal
to hold an informal session on risk communication in July had received broad
support.
9.15. FAO had provided information on recent work done in this area, in
particular the development of a handbook on risk communication, and had
expressed its interest in collaborating with the organization of such an
informal session. The report submitted by FAO was made available in document G/SPS/GEN/1405.
9.16. The Chairperson recalled that a small group of interested Members
had agreed to discuss the outstanding issues in the report, i.e. the second
recommendation under paragraph 14.20, and the third recommendation suggested by
Egypt.
9.17. The United States reported that Members had shown flexibility during
the small group meetings; however, consensus had not yet been reached. The
United States noted that it was ready to reflect and consult domestically, with
a view to finding a compromise for the next Committee meeting. Brazil and
Nigeria also expressed their willingness to work towards reaching consensus at
the next meeting.
9.18. The Chairperson thanked the Members for their efforts and encouraged
Members to resolve the remaining differences at an informal meeting in July.
The Chairperson also suggested that the new Chairperson consult with Members to
try to identify compromise language.
9.19. The Chairperson recalled that at the informal meeting, she had
requested that the Secretariat prepare an introductory paragraph to clarify the
legal status of the Catalogue of Instruments Available to WTO Members to Manage
SPS Issues (G/SPS/W/279/Rev.2). The language circulated had been adapted from
the latest decision adopted by the Committee, which was the Procedure To
Encourage And Facilitate The Resolution Of Specific Sanitary Or Phytosanitary
Issues Among Members In Accordance With Article 12.2 (G/SPS/61).[2]
9.20. Several Members indicated that they would need more time to consider
the proposed language.
9.21. India proposed the following introductory paragraph instead:
"This catalogue of instruments is only intended as a reference document,
to help Members address and manage SPS issues. It neither adds to nor detracts
from the existing rights and obligations of members under the SPS Agreement or
any other WTO agreement nor does it provide any interpretation of these
agreements. It shall not constitute a legally binding agreement and will have
no legal force".[3]
9.22. Nigeria supported India's suggestion since it clarified that the
document was not legally binding.
9.23. Mexico expressed concerns that the inclusion of disclaimer language
in the Catalogue of Instruments would impact on other documents that also
served as reference documents. Mexico proposed that such an inclusion was not
needed. The United States expressed sympathy with Mexico's view.
9.24. The Chairperson invited Members to submit comments on the proposed
introductory language to clarify the legal status of the Catalogue of
Instruments by 30 April 2015.
10.1. The United States reminded Members about the OIE guidelines on
imports of live poultry and poultry products (including heat-treated/cooked
products) related to avian influenza, including highly pathogenic avian
influenza (HPAI). The guidelines made clear that when HPAI was detected only in
wild birds, OIE Members should not impose bans on trade in poultry commodities.
The guidelines also clearly established provisions for the recognition of zones
or regions free of the disease. The affected country should define the control
zones based on its response efforts, and the remainder of the country outside
of those control zones could continue to be considered disease free.
Additionally, heat-treated poultry products (meat, liquid eggs, rendered meals,
etc.) that had been heat-processed to destroy the HPAI virus in accordance with
OIE guidelines were safe to trade irrespective of whether the products came
from an area where HPAI had been detected. The United States called upon its
trading partners to lift any import restrictions on live poultry and poultry
products (including heat-treated products) from the United States that were not
consistent with the OIE guidelines.
10.2. The European Union shared the US concern and supported the removal
of import restrictions with relation to HPAI that were not in line with
international standards. Canada noted that the OIE provided effective guidance
around the principle of zoning and encouraged all Members to recognize zones
established by affected Members, in accordance with this guidance.
10.3. No Member raised any issues under this agenda item.
11.1. The Chairperson reported on the informal meeting on SPS-related
private standards held on 25 March 2015. She had recalled that the Committee
had agreed to develop a working definition of SPS-related private standards in
order to set the framework for its discussions. Agreed Action 1 (G/SPS/55) did
not propose a legal definition, but merely sought a framework to limit the
scope of issues considered by the Committee.
11.2. The Chairperson had also reminded the Committee that, as stated in
paragraph 4 of G/SPS/55, endorsement of the adopted actions was without
prejudice to the views of Members regarding the scope of the SPS Agreement.
11.3. Regarding the work of the co-stewards of the private standards
electronic working group (e‑WG), the Chairperson had recalled the long history
of the Committee's work on this matter, and in particular the hard work since
October 2013 of the e-WG under the very able stewardship of China and New
Zealand.
11.4. The co-stewards had introduced their report on the work of the e-WG
contained in G/SPS/W/283. They had recalled that, in the WTO context, there
appeared to be no difference in legal weight or value regarding whether the
disclaimer text was in a footnote, or located in the main body of the Decision.
Also, there was no WTO jurisprudence regarding the term "working
definition". This definition would be only for the work of the SPS
Committee, designed to limit discussions to SPS-related private standards.
11.5. The co-stewards had detailed the latest round of discussions and
e-WG members' concerns, suggestions and flexibilities and had noted that the
e-WG, while very close, had not been able to reach consensus on the working definition.
There had in particular been an impasse with the terms "non-governmental
entities" and "requirements" and the co-Stewards had suggested a
cooling off period for all e-WG Members to reflect further on the issue.
11.6. Many Members had thanked China and New Zealand for their leadership.
Some Members had stressed the need to keep working towards a working definition
of SPS-related private standards, given their effects on many developing
countries' exports and economies. Other Members had noted the fundamental
differences amongst Members on the scope of the SPS Agreement and
regarding some of the suggested language in the definition. Given the obvious
impasse, these Members had supported the proposal of the co-Stewards for a
cooling off period.
11.7. Argentina, supported by other Members, had argued to keep the terms
"non-governmental entities" and "requirements" in the
definition. Argentina had noted the definitions of private standards used by
OIE and the FAO/WHO/Codex, as well as the mandate given by the Committee
Decision in G/SPS/55. Argentina had also objected to excluding private
standards that were not established in writing and had noted its preference for
the definition contained in G/SPS/W/272, with the amendment that a private
standard could also consist of one requirement.
11.8. Belize had recalled that the examples in the compilation of Members'
answers to the questionnaire on the effects of SPS-related private standards
(G/SPS/GEN/932/Rev.1) showed that the specifications set by private entities on
health and safety were mandatory in nature. The use of the terms
"non-governmental entities" and "requirements" in the
working definition was necessary to differentiate SPS-related private standards
from those set by governments.
11.9. China had regretted that despite all the efforts made, the e-WG
could not reach consensus on the co-stewards' proposed working definition. The
current impasse was already having consequences on other WTO work and China had
urged all Members to resolve the impasse and avoid creating an undesirable
precedent for the work of the SPS Committee.
11.10. New Zealand had noted that compromise should be possible given the
wording of the disclaimer. New Zealand had echoed South Africa's comments that
the working definition need not be perfect but a good enough compromise to help
the Committee set a framework for its discussion of SPS-related private
standards.
11.11. The representative of Codex had clarified that despite lengthy
discussions on the issue of private standards in 2009 and 2010, Codex had never
sought to formally define private standards.
11.12. The Chairperson had reminded the Committee that it had been
discussing this issue since 2005. Despite the well-known differing positions,
the Committee had agreed to develop a definition of SPS-related private standards.
Hence, Action 1 would remain on the agenda until the Committee agreed on a
working definition of SPS-related private standards to define the scope of its
work on this issue.
11.13. It had been agreed that the e-WG would take some time to further
reflect, and that the co-Stewards, China and New Zealand, would restart work
when most appropriate, with the objective of agreeing on a working definition
as soon as possible.
11.14. Regarding the implementation of Actions 2-5, under Action 2, Codex
had noted that it continued to reach out to private standards-setting
organizations to encourage them to become Codex observers and take part in
Codex meetings.
11.15. Under Action 3, the Secretariat had noted that there had not been
any recent relevant developments in other WTO fora, but that it would continue
to liaise with the TBT and Trade and Environment Committees, as well as with
Aid for Trade colleagues, and report back on any relevant work.
11.16. Under Action 4, Nigeria, referring to its document G/SPS/GEN/1398,
had noted the difficulties that private standards created for its small
exporters and reported on training received from Global GAP. Nigeria had noted
that the adoption of Global GAP standards for its fresh produce would be too
burdensome for a developing country like Nigeria to put it in place. Nigeria
had stressed that the SPS Committee had a vital role to play in addressing the
issues related to private standards and their impact on international trade.
11.17. Several Members had shared the concerns expressed by Nigeria on the
harmful effects of private standards on the exports of developing countries.
Argentina, supported by various Members, had noted that according to Article 13
of the SPS Agreement, Members were to take reasonable measures available to
them to ensure that non-governmental entities within their territories complied
with the relevant provisions of the SPS Agreement. Argentina had also noted
that paragraph 14.20 of the draft 4th Review report (G/SPS/W/280/Rev.2)
contained specific proposed recommendations relating to the discussion of
private standards, including their effects on international trade.
11.18. Under Action 5, Codex had reported on its continued effort to
underline the importance of implementing international standards and on its
communication strategy to show the positive impact of applying Codex standards.
Codex had also noted the cooperation of the OIE and IPPC in that regard.
11.19. Regarding suggestions on the implementation of proposed Actions 6 to
12, Belize had indicated that it continued to support the establishment of a
working group that could advance work on Actions 6 to 12, and had referred to
its earlier submissions in that regard. Belize had also suggested using the
questions contained in document G/SPS/GEN/932/Rev.1 as a possible guide for the
implementation of Action 6.
11.20. Norway and the European Union had noted that there was no consensus
on Actions 6-12, and that the Committee should focus its time and effort on the
implementation of the five agreed actions.
11.21. Regarding other information on SPS-related private standards, Belize
had reported on the 19th session of the Joint FAO/WHO Coordinating Committee
for Latin America and the Caribbean held in Costa Rica in November 2014. Belize
had referred Members to paragraphs 161 to 166 of Codex document REP/15/LAC for
further details of the discussions and of the recommendations made at the
meeting.
11.22. The OECD had referred to its document G/SPS/GEN/1399 on OECD
activities of interest to the SPS Committee and had flagged its upcoming report
on voluntary environmental standards which focused on the linkages between
voluntary (often private) environmental standards and public policies.
11.23. After her oral report, the Chairperson invited Members to comment.
11.24. The European Union and the United States supported the proposal for
a cooling off period.
11.25. Jamaica, Kenya, Uruguay, Cuba, Mali, Madagascar, Central African
Republic, Cabo Verde and Zambia were of the view that the cooling-off period
should not be too long; they wished the Committee to conclude the definition of
private standards soon.
11.26. Argentina reiterated its position that eliminating the two terms
"non-governmental entities" and "requirements" from the
definition would contradict Codex and OIE definitions and the mandate given by
the Committee Decision in document G/SPS/55, which contained the same wording.
Argentina also noted that the word "written" should be deleted from
the definition to avoid setting aside private standards not established in
writing, such as those stemming from customary traditions. In this regard,
Argentina recalled that the jurisprudence of the WTO had clarified, a long time
ago, that there were no distinguishing features between written and unwritten
requirements. Argentina encouraged the Committee to resolve the concerns on
this matter and swiftly reach an agreement on a definition of private
standards.
11.27. Nigeria reaffirmed its position and noted that the Chair report had
well reflected the position of developing countries.
11.28. Ecuador, India and Brazil indicated that in their view, private
standards were covered under Article 13 of the SPS Agreement. Belize, Senegal
and Uruguay urged Members to find a common position so as to allow the
Committee to reach a consensus on a working definition.
11.29. In its capacity as e-working group co-steward, China clarified that
the SPS Committee was not proposing a legal definition but merely a framework
to limit the scope of issues considered by the Committee. Indeed, as per
G/SPS/55, endorsement of the adopted actions was without prejudice to the views
of Members regarding the scope of the SPS Agreement. China also clarified
that the proposed
working definition was not intended to provide an interpretation of any
specific terms or provisions of the SPS Agreement that could be used in a
dispute settlement context. Therefore, it was not
necessary for Members to over interpret the legal implications of the proposed
working definition.
11.30. New Zealand
echoed the statement made by its co-steward and reiterated that, as clarified
by the disclaimer, the proposed working definition was not intended to be used
to determine the scope of the SPS Agreement, but rather
to help focus the Committee's work on what is SPS related. New Zealand noted
that until the Committee agreed on a working definition, it would not be able
to concentrate on finding practical solutions to address the effects
of private standards. New Zealand looked forward to the
e-working group resuming work and urged Members to seek new and practical ways
forward to define SPS-related private standards.
12.1. The OECD provided a report on recent activities of interest of the
SPS Committee (G/SPS/GEN/1399). The OECD was about to publish a report on
voluntary environmental standards in the Food, Agriculture and Fisheries Papers
series, focussing on the linkages between voluntary (often private)
environmental standards and public policies. The OECD was also developing a
practical tool to help countries diagnose regulatory divergence and guide
policy makers in reaching a policy decision implementing the most favourable
international regulatory co-operation mechanisms. On 21 November 2014, the OECD
had held a workshop on Trade Facilitating Effects of International Regulatory
Cooperation in Food and Agriculture. The discussion had highlighted the importance
of the simplification of border inspection services, from an information flow
perspective and in terms of risk-based inspection and control. Participants
also acknowledged the role of private companies and industry associations in
RTA negotiations and in regulatory design, as well as in RTA dialogue
mechanisms.
12.2. ITC reported on its recent and upcoming activities related to the
work of SPS Committee, highlighting an EIF project to improve sector
competitiveness and export diversification in Gambia. In this project,
technical barriers hindering market access were being addressed, and a
sensitisation programme on standards and technical regulations relating to
quality and food safety for groundnuts, cashew nuts and sesame was being
implemented. A second project was being carried out in Sri Lanka with the
collaboration of the Ceylon Chamber of Commerce and the Department of
Agriculture to perform training in food safety and plant health for six types
of fruits and vegetables. The activities included assessment of laboratory
testing capacity, a workshop on institutional networking mechanisms and
strengthening the plant health control system. A third project promoted
intra-regional trade in Eastern Africa through inclusive and sustainable
export-led growth by improving the competitiveness of producers in Kenya,
Tanzania and Zambia. Fourth, a project funded by the Multi-Annual Indicative
Programme on Accompanying Measures for Sugar (AAP2011) aimed to improve and
consolidate farming systems in Fiji. Lastly, a trade and private sector
development programme included a component related to capacity building of the
conformity assessment services of the Standards Association of Zimbabwe for
pesticide residue testing as well as other testing for food products.
12.3. SADC drew attention to its report in document G/SPS/GEN/1404. The
SADC secretariat had convened regional meetings for the SADC Sanitary and
Phytosanitary Coordinating Committee; and well as technical committees on food
safety, livestock and plant protection in Pretoria, South Africa on 21–22
January 2015. The SADC Secretariat had also facilitated a workshop on food
safety awareness creation for the private sector in Pretoria, South Africa on
10–12 February 2015. A workshop on harmonisation of phytosanitary regulations
for horticultural fruits moving in intra-regional trade was held during the
same days in Harare, Zimbabwe. A regional study was carried out in November
2014 to identify phytosanitary measures hindering trade in plants and plant
products. Supported by the FAO, SADC member States were undertaking a one-month
training course at the International Centre for Insect Physiology and Ecology
in Kenya. Lastly, the SADC secretariat thanked the African Union – Inter-Africa
Bureau for Animal Resources (AU-IBAR) for the support to participate in the SPS
Committee meeting.
12.4. UEMOA expressed its gratitude to Members for their work on private
standards. UEMOA encouraged the SPS Committee to collaborate with the STDF and
the EIF to organize regional workshops on fruits, vegetables and cut flowers
from 2016 onwards to strengthen the export capacity of UEMOA member States.
12.5. There were no new requests received by the Secretariat.
12.6. The Secretariat informed Members that, as agreed by the Committee in
October 2012, the Secretariat had contacted the ad hoc observer organisations
that had not attended any meetings of the SPS Committee during 2014, to request
confirmation of their continuing interest to participate as an ad hoc observer
in the meetings of the SPS Committee. All of the Observers except one had
responded to confirm their interest in maintaining ad hoc observer status in
the Committee. The only Observer that had not responded was the Community of
Sahel-Saharan States (CEN-SAD). As in 2013, this African Regional Economic
Community had not attended the meetings of the SPS Committee in 2014 and had
not responded to any correspondence, on which the African Union had also been
copied. The Secretariat recalled that the African Union had informed the
Committee in 2014 about the difficulties in communicating with CEN-SAD due to
the political situation in Libya, where it was based. Furthermore, most of its
member states were LDCs. In light of those specific difficulties, and taking
into consideration special and differential treatment, the Committee had agreed
in 2014 to maintain ad hoc observer status for CEN-SAD for another year.
Presently it appeared that the African Union no longer had contact or any other
type of relation with CEN-SAD. As it seemed that this organization was no
longer active, or at least had not demonstrated interest in the work of the SPS
Committee, the Secretariat suggested that CEN-SAD be removed from the list of
organisations benefiting from ad hoc observer status in the SPS Committee.
12.7. Nigeria suggested that consultation might be necessary to give
CEN-SAD more time to reflect on its participation in the Committee.
12.8. The Secretariat clarified that communication with the African Union
had confirmed that no staff was actively working in CEN-SAD. The Secretariat
indicated that CEN-SAD could submit a new request for observer status in the
future if its situation changed.
12.9. The Chairperson noted that there was still no consensus on the six
outstanding requests for observer status from the Convention on Biological
Diversity (CBD); CABI International; the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES); the Organisation
Internationale de la Vigne et du Vin (OIV); the Asian and Pacific Coconut
Community (APCC); and the International Cocoa Organization (ICCO).
12.10. The Chairperson informed the observer organizations that their
contributions to the work of the SPS Committee and their assistance to Members
were highly appreciated and that the Committee looked forward to their
continued participation in all unrestricted meetings during 2015. The
Chairperson once again encouraged the observers to provide written reports on
their relevant activities in advance of the July 2015 meeting.
13.1. The Chairperson informed the Committee that the Council for Trade in
Goods had agreed to the election of Mr Felipe Hees of Brazil as the new
Chairperson of the Committee on Sanitary and Phytosanitary Measures. The
Committee endorsed the election of Mr Hees by acclamation, and voiced its
appreciation to Ms Bwalya for her efforts as chairperson during the past year.
Mr Hees would begin his chairmanship at the beginning of the first informal
meeting in July.
13.2. The Chairperson expressed her gratitude to the Members of the SPS
Committee and the Secretariat for their hard work.
14.1. India introduced its document on the need for measures on detection
of pesticide residues not registered in the country of import for unimpeded
flow of trade (G/SPS/W/284). The purpose of the paper was to put in context the
persistent problem faced by exporters from developing countries due to
importing countries' application of limits of detection (LoD) for these
pesticides. India had observed that LoD were being applied even for substances
where Codex standards existed. India noted that the disciplines contained in
Articles 2, 3 and 5 of the SPS Agreement applied in this case, and provided
examples for the trade impact this application of LoDs was having. India
concluded by suggesting certain steps in dealing with this issue. India
encouraged Members to take the paper into consideration and welcomed further
discussion at the next Committee meeting.
14.2. Argentina welcomed the document and noted that it was also
interested in this topic.
15.1. The next regular meeting of the Committee is tentatively scheduled
for 15 and 16 July 2015. The Secretariat noted that the regular meetings would
be preceded by informal meetings, which would be held on 14 July and in the
morning of 15 July. There would be informal meetings on the Fourth Review and
on private standards, and an informal session on risk communication.
15.2. The Committee agreed to the following tentative agenda for its
upcoming regular meeting:
1.
Adoption of the
agenda
2. Information on relevant activities
a. Information from Members
b.
Information from
the relevant SPS standard-setting bodies
3. Specific trade concerns
a. New issues
b. Issues previously raised
[c. Consideration
of specific notifications received]
d.
Information on
resolution of issues in G/SPS/GEN/204/Rev.15
4.
Operation of
transparency provisions
5.
Implementation of
special and differential treatment
6. Equivalence – Article 4
a. Information from Members on their experiences
b.
Information from
relevant observer organizations
7. Pest- and Disease-free areas – Article 6
a. Information from Members on their pest or disease status
b. Information from Members on their experiences in recognition of
pest- or disease-free areas
c.
Information from
relevant observer organizations
8. Technical assistance and cooperation
a. Information from the Secretariat
i.
WTO SPS
Activities
ii. STDF
b. Information from Members
c.
Information from
observer organizations
9. Review of the Operation and Implementation of the SPS Agreement
a. Fourth review
i.
Report of the
informal meeting
ii.
Adoption of the
informal meeting on risk communication
10. Monitoring the use of international standards
a. New issues
b. Issues previously raised
c.
Adoption of
annual report
11. Concerns with private and commercial standards
a.
Report on
informal meeting
12. Observers
a. Information from observer organizations
b. Requests for observer status
i.
New requests
ii.
Outstanding
requests
13. Other business
14. Date and agenda of next meeting
15.3. The Chairperson recalled the plan for a workshop on transparency to
be held in conjunction with the Committee meeting in October. She announced
that this workshop would be conducted on 12 and 13 October 2015, followed by
informal meetings on the 14 October and the regular meeting on the 15 and 16
October.
15.4. Members were asked to take note of the following deadlines:
·
For comments of
the proposed disclaimer language for the Catalogue of Instrument
(G/SPS/W/279/Rev.2): Thursday, 30 April 2015;
·
For submitting
ideas for the programme of the Workshop on Transparency to be held in October,
and to suggest speakers or to volunteer for the informal session on risk
communication in July: Friday, 15 May 2015;
·
For identifying
new issues for consideration under the monitoring procedure and for requesting
that items be put on the agenda: Thursday, 2 July 2015;
·
For the
distribution of the Airgram: Friday, 3 July 2015.
__________
[1] This document has been prepared under the Secretariat's own
responsibility and is without prejudice to the positions of Members or to their
rights and obligations under the WTO.
[2] The language circulated by the Secretariat was: "This
catalogue of instruments is intended as a reference document to help Members
address and manage SPS issues. It is without prejudice to the rights and
obligations of Members under the SPS Agreement or any other WTO agreement and
shall not constitute a legally binding agreement."
[3] Subsequently, India submitted a revised version of its suggested
introductory paragraph: "This catalogue of instruments is intended only as
a reference document, to help members address and manage SPS issues. It neither
adds to nor detracts from the existing rights and obligations of members under
the SPS agreement or any other WTO agreement nor does it provide any
interpretation of these agreements. The SPS Committee takes note of the said
catalogue which shall neither have any legal force nor constitutes a legally
binding agreement."