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Geneva Dialogue on China’s Sustainable Trade Strategy Panel two: Standards, market and public policy objective. Mr Marinus Huige Chairman, WTO SPS Committee. WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). The right to protect human, animal

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Geneva Dialogue on China’s Sustainable Trade StrategyPanel two: Standards, market and public policy objective

Mr Marinus Huige

Chairman, WTO SPS Committee


WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)

The right toprotect

human, animal

or plant life

or health

Avoiding

unnecessary

barriers to trade


Sps measures to be taken only when necessary to protect

from Phytosanitary Measures

from

from

from

SPS measures to be taken only when necessary to protect:

Human or risks arising from additives,

animal health contaminants, toxins or disease

organisms in food, drink, feedstuff

Human life plant- or animal-carried diseases

Animal or pests, diseases, disease-causing

plant life organisms

A country other damage caused by entry,

establishment or spread of pests


If necessary to impose an sps measure where to start 1
If necessary to impose an SPS measure: Where to start (1)? Phytosanitary Measures

Is there a relevant international standard

(Codex, IPPC or OIE)?

 Yes

Does the measure “conform to” the int’l standard?

If yes, then the measure is OK

(“safe harbour”)


Where to start 2
Where to start (2)? Phytosanitary Measures

Is there a relevant international standard?

Yes

Does the measure “conform to”

the int’l standard? (Or if there is no int’l standard)

NO

Is their sufficient scientific evidence // an appropriate risk assessment to maintain the measure?


Article 3 3
Article 3.3 Phytosanitary Measures

Members may introduce or maintain SPS measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the ALOPin accordance with the relevant provisions of paragraphs 5.1 – 5.8 Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines or recommendations shall not be inconsistent with any other provision of this Agreement.

* For the purposes of paragraph 3 of Article 3, there is a scientific justification if, on the basis of an examination and evaluation of available scientific information in conformity with the relevant provisions of this Agreement, a Member determines that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of sanitary or phytosanitary protection.



Specific trade concerns by area 1995 2007
Specific Trade Concerns by Area at the WTO(1995-2007)

-G/SPS/GEN/204/Rev.8 (Adds. 1-3)











Last but not least the need for transparency
Last but not least: The need for regarding measures by the ECTransparency

New or modified regulation

+

No existing international standard or

Different than the international standard

+

Significant impact on trade

(restricting or facilitating)

NOTIFY


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