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Explore the impacts of sanitary and phytosanitary measures on trade, implications for NAFTA countries, strategies to overcome trade effects, and regulatory harmonization within NAFTA. Delve into key issues, implications for exporters, and the role of SPS capacity and domestic pressure.
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Policy Options for Open Borders in Relation to Animal and Plant Protection and Food Safety Maury Bredahl Spencer Henson
Outline • Sanitary and phytosanitary measures • Are SPS measures a problem? • Overcoming trade effects of SPS measures • Problems with negotiations • Implications
Voluntary Standards • Product compatibility • Closely related to consumer preferences • Compliance with mandatory standards • De facto mandatory
Are SPS Measures a Problem within NAFTA? • Incidence data • Border detention data • Specific examples
Incidence of SPS Measures, 2000 • Incidence of SPS measures high for agricultural and food products • Differences in types of SPS measures applied and product coverage by country • High incidence of multiple measures applied to single tariff lines • Problems of differences in definitions and taxonomies between countries
Overcoming Trade Effects of SPS Measures Co-ordination Mutual Recognition Harmonisation
NAFTA AgreementChapter 7 • ‘Appropriate level of protection’ • Justification: • Scientific principles • Risk assessment • Harmonisation • Equivalence • Regionalisation • Transparency
NAFTA Committee on Sanitary and Phytosanitary Measures • Enhancement of food safety/SPS conditions • Activities pursuant to international standards and equivalency • Technical co-operation • Consultation on bilateral issues
NAFTA Committee on Sanitary and Phytosanitary Measures, 1994-99 • Party: • Mexico: 14 • United States: 5 • Canada: 1 • Type of measure: • Plant health: 10 • Food safety: 6 • Animal health: 4
Technical Working Groups • Animal health • Dairy, fruits, vegetables and processed foods • Fish and fishery product inspection • Food additives and contaminants • Packaging, labelling and food standards • Meat, poultry and egg inspection • Pesticides • Plant health, seeds and fertiliser • Veterinary drugs and feeds • NAPPO
Co-ordination • FDA/CFIA Action Plan on Food Safety • Principles for mutual support in animal health emergencies • Joint US-Canada review of pesticides • Co-ordination of positions in Codex: • Committee on Food Additives and Contaminants • Committee on Residues of Veterinary Drugs in Food
Mutual Recognition • US-Canada MRA on seafood inspection • US-Canada equivalence agreement on molluscan shellfish inspection programme • Equivalency of greenhouse certification • Recognition of accredited laboratories for seed certification • US recognition of Mexican poultry slaughter system
Harmonisation • US-Canada potato grading scheme • US-Canada food additives regulations • Policies on BSE and TSEs • Data requirements for residue chemistry, seed treatments, terrestrial food uses etc. • US-Canada nutrition labelling and nutrient content claims regulations • Japanese beetle regulations
Constraints • Competency • Trust • Science • ‘Appropriate level of protection’ • Traditions • Regulators
Impact of NAFTA / WTO Dispute settlement V Policy-making
US Potato Imports from Prince Edward Island (PEI) • Justified? • Settled quickly? • Less likely to happen in future?
Problems with Negotiations Relating to SPS Measures • SPS capacity • Assessing the impact of SPS measures • Institutional factors: • Fragmentation of responsibilities • Expertise • Agendas • Inter-agency negotiations • Trade issues V domestic policy objectives • Minute detail matters
Problems with Negotiations Relating to SPS Measures • SPS capacity • Assessing the impact of SPS measures • Institutional factors: • Fragmentation of responsibilities • Expertise • Agendas • Inter-agency negotiations • Trade issues V domestic policy objectives • Minute detail matters
Implications • SPS measures a major issue for exporters • Problems assessing the impact of SPS measures • Negotiations are time consuming and costly • Need for institutional development and reform • Need for system-based approaches • Risk assessment: ‘Trading science’ • Importance of SPS capacity • Role of domestic pressure
Implications • Are penalties adequate? • Reward v penalty-based system • Role for private certification?