Treaty of AsunciónMarch 1991 Art. 1 establishes: • Objective: free movement • What instruments: - HARMONIZATION national legislations • Where? : Working Sub-Groups (SGTs)
SGT 8 AGRICULTURE ORIGINAL STRUCTURE
REGULATORY FRAMEWORK. CHARACTERISTICS • Intergovernmental • Approval by consensus • Mandatory • Transparency • Scope: Territory of States Parties, trade between them and third party imports • Consistency with multilateral trade rules
SANITARY AND PHYTOSANITARY HARMONIZATION. CHARACTERISTICS • Facilitate trade • Respects States Parties' health status • Standards set based on health status of country/area of origin and destination. • International reference standards (Codex, OIE, IPPC) key pillar in harmonization process, with regional standards based on multilaterally agreed requirements.
SANITARY AND PHYTOSANITARY REGULATORY FRAMEWORK DECISION 6/93 • Approves Sanitary and Phytosanitary Agreement between MERCOSUR States Parties. • Fostered the use of harmonized sanitary and phytosanitary measures between MERCOSUR States Parties, based on international and regional standards, guidelines and recommendations (CODEX, OIE, IPPC) • Recommended States Parties' full participation in competent international and regional organizations, to promote the development and periodic review of standards, guidelines and recommendations related to all aspects of sanitary and phytosanitary measures. • Created a MERCOSUR SANITARY COMMITTEE
SANITARY AND PHYTOSANITARY REGULATORY FRAMEWORK • Marrakesh Agreement. SPS Agreement is approved • DECISION No. 6/96 : (REPEALS Dec. 6/93). • WTO SPS Agreement adopted as a regulatory framework for domestic trade, between MERCOSUR States , and with other WTO Members
SAFETY REGULATORY FRAMEWORK • DECISION No. 58/00: • WTO Agreement on Technical Barriers to Trade adopted as a regulatory framework for the application of technical standards, technical regulations and conformity assessment procedures for domestic trade, between MERCOSUR States, and with other WTO Members
PLANT HEALTH HARMONIZATION • MERCOSUR import requirements, both general and product-specific, are based on IPPC international standards • COSAVE regional standards are also adopted where regional harmonization has been done • MERCOSUR ’s approved standards establish harmonized phytosanitary requirements, both general and product risk category-specific • General and specific import requirements are applied to MERCOSUR or extra-zone countries indistinctly. • Specific import requirements for intra-zone trade are set based on origin and destination health status, but risk permitting, requirements may be reduced for existing information, previous risk analysis, and confidence in health services.
REGIONAL COORDINATION: PLANT HEALTH COSAVE is a Regional Plant Protection Organization (RPPO) of the IPPC. • Integrated by Argentina, Bolivia, Brazil, Chile, Paraguay, Uruguay.1991 Council of Ministers is integrated • It is a regional body for the coordination and consultation of plant health issues. • Currently in the context of the Southern Agricultural Council (CAS) • Technical forum for the discussion and preparation of standards. • Coordination with MERCOSUR.
ANIMAL HEALTH HARMONIZATION • Standards observe the OIE criteria . • Rules are product-specific (animals) and not disease-specific. • The principle of sanitary regionalization has been incorporated, with the identification of regions or zones within each State Party. • The individual epidemiological status of each country is preserved. • There are “single” import requirements for animals and reproductive material, i.e. they are enforceable for both States Parties and imports from other origins, thus existing a “single” rule for intra-zone trade as well as for extra-zone countries.
REGIONAL COORDINATION: ANIMAL HEALTH • OIE Regional Representative for the Americas. 1998. Buenos Aires. • Regional work is done in the Standing Veterinary Committee (CVP) created in 2003 in the context of the Southern Agricultural Council (CAS) • CAS is integrated by the Ministers of Agriculture of Argentina, Bolivia, Brazil, Chile, Paraguay and Uruguay. IICA has the Technical and Administrative Secretariat • It coordinates policies of the Region. • CVP consisting of national animal health directors. • They coordinate positions in the OIE. • They coordinate the implementation of animal health policies and programs at sub-regional level and for MERCOSUR.
SAFETY HARMONIZATION • International reference standards are always considered as the basis (Codex Alimentarius). • MERCOSUR food legislation is prepared by the Food Commission of the SGT 3 Technical Regulations and Conformity Assessment and the SGT 8 Agriculture. • The legislation, resulting from this harmonization process within the SGT 3, is applied in the territory of the States Parties both to trade between them and to extra-zone imports. • The harmonization has cross-cutting criteria as well as specific technical regulations to ensure the quality of products, protect consumer health and avoid misleading practices.
CODEX ALIMENTARIUS COORDINATING COMMITTEES • Africa • Asia • Europe • Latin America and the Caribbean (33 members) • Near East • North America and South West Pacific
COORDINATING COMMITTEE FOR LATIN AMERICA AND THE CARIBBEAN (CCLAC) • They coordinated positions within the Codex context. • They work on multilateral negotiation issues of interest to the Region or with an impact on it. • They take the CODEX matters of interest to FAO meetings and conferences to raise political issues. • They have no direct institutional relation with MERCOSUR Technical Commissions.
CONTROL • Each State Party implements the national system for both intra-zone and extra-zone products. This is not harmonized. • Under Art. 4 of the SPS Agreement and Decision G/SPS/19/Rev.2, it was agreed to work on the equivalence of sanitary and phytosanitary controls and mutual recognition agreements for conformity assessment procedures. • Criteria, principles, guidelines and parameters have been agreed for the signature of bilateral equivalence agreements concerning sanitary and phytosanitary controls. • Criteria, principles, guidelines and parameters have been agreed for the signature of bilateral agreements on the mutual recognition of conformity assessment procedures.
TRANSPARENCY • Each State Party notifies SPS measures to the SPS Committee under Art. 7 and Annex B of the SPS Agreement and Decision G/SPS/7/Rev.3. • JOINT NOTIFICATION MECHANISM: In compliance with a 2010 mandate of the Council of the Common Market, work began on the preparation of a mechanism for the coordinated notification of SPS measures to the WTO.
REGIONAL COORDINATION: SPS COMMITTEE • Coordination of positions and submission of proposals in relation to the Committee's agenda issues of the highest interest to the block. For example: private standards. • Example of joint communications: PRIVATE STANDARDS: G/SPS/W/245 – G/SPS/W/246 – G/SPS/W/249
CHALLENGES • REGIONAL IMPLEMENTATION OF WTO/SPS DISCIPLINES • ENHANCEMENT OF REGIONAL COORDINATION IN INTERNATIONAL ORGANIZATIONS (CODEX OIE CIPF) • REGIONAL COORDINATION OF NATIONAL CONTACT POINTS OF INTERNATIONAL ORGANIZATIONS (CODEX OIE CIPF)
MERCOSUR LEGISLATION Mercosur legislation can be found on the following web site: • http://www.mercosur.int