SPS Declaration in 2021 Nur-Sultan
Ministerial Conference
At the meeting of the Committee on Sanitary and Phytosanitary (SPS) Measures on 2-6 and 13 November, WTO members
commemorated the 25th anniversary of the SPS Agreement and reflected on future challenges
to facilitate trade in safe food. The meeting saw a high level of engagement, with
over 200 delegates attending remotely, and members addressed a high number of specific
trade concerns. The Committee approved the request of the Arab Organization for
Agricultural Development for ad hoc observer status, the first new observer organization
since 2016.
Members
raised 39 trade concerns, 19 of them addressed for the first time in this committee.
Discussions focused on a variety of topics, including actions related to COVID-19
that affect trade, restrictions and approval procedures for imports of animal and
plant products, and pest risk assessments (PRAs), pesticide policies and maximum
residue levels (MRLs). They also discussed certificate requirements for food derived
from genetically engineered plants and the impact on third parties of Phase 1 of
the Economic and Trade Agreement between the United States and China.
On COVID-19,
Canada and the United States raised concerns regarding China's actions affecting
trade in food and agricultural products. China explained that the measures were
provisional, science-based, in agreement with WTO rules and relevant provisions
of international organizations and were aimed at protecting people's lives.
Brazil
raised a concern regarding the Philippines' ban on poultry imports after detecting
SARS-CoV-2, the causative agent of COVID-19, in a surface sampling conducted on
Brazilian chicken meat. The Philippines said that while the international guidelines
indicate that the transmission of COVID-19 through food is very low, the fact that
it is possible that a person may become infected by touching a contaminated surface
or object should not be dismissed.
Concerning
import restrictions on food products, Brazil raised a concern regarding Mexico's
import restrictions on pork. The European Union and Russia asked the Republic of
Korea about the alleged lack of progress on pending applications for authorization
of beef imports while Mexico took issue regarding Honduras' import restrictions
on pasteurized dairy products. Costa Rica and Colombia raised concerns about Panama's
import restrictions on animal and plant products and Peru challenged Ecuador about
the import restrictions imposed on grapes and onions.
Canada
raised concerns regarding India's import requirements for pulses. The European Union
asked the US for clarification on the non-publication of its final rule on importation
of sheep, goats and certain other ruminants. Russia voiced concerns regarding alleged
delays in Malaysia's approval procedures for meat and dairy imports while Peru took
issue regarding the EU's restrictions on its exports of chocolate and cocoa products.
All delegations committed to maintaining bilateral technical collaboration on these
issues in order to resolve them in a satisfactory manner.
Other
topics for discussion included Ukraine's concerns about the alleged lack of progress
by Chinese Taipei in conducting PRAs, restrictions imposed by China, the European
Union and Kazakhstan in response to highly pathogenic avian influenza (HPAI) and
Australia's concerns regarding the EU proposal requiring residue testing of casings.
Members also discussed the proposed new EU rules on composite products, and China's
recognition of equivalence for third parties introduced as part of Phase 1 of the
Economic and Trade Agreement between the United States and China. Other issues included
China's concern regarding restrictions by the European Union on highly refined products
and the United States' concern regarding India's requirement for certificates on
non-genetically modified origin and genetically modified-free status.
Finally,
Colombia asked the European Union about its new Farm to Fork Strategy, an integral
part of the European Green Deal setting the goal of a “fair, healthy and environmentally
friendly food system". Clarification was requested on how the new policy will
reconcile with food security, the effective control of pests and diseases, and the
recommended rotation and combining of agrochemicals to ensure soil sustainability.
Members also questioned the permanence in the system of leading producers of active
substances that were already freely circulating in the market if they do not have
the economic incentive to conduct and submit the scientific studies requested by
the EU to ensure their safety.
The EU
said that the Farm to Fork Strategy is at the heart of the Green Deal, which sets
out how to make Europe the first climate-neutral continent by 2050. This includes
the reduction in half by 2030 in the use of chemical pesticides in agriculture which
contribute to soil, water and air pollution, and biodiversity loss. The EU said
it is looking at alternatives to maintain farmers’ incomes by promoting greater
use of safe ways of protecting harvests from pests and diseases, and encouraging
the use of alternative control techniques, such as crop rotation and mechanical
weeding.
Both
new and previously raised issues can be found in the password protected eAgenda system for members, which allows
them to submit agenda items, statements and STCs online. Further information can
also be found in the publicly available SPS Information Management
System.
Prior
to the SPS Committee meeting, members participated in a special event to mark
25 years of the WTO Agreement on Sanitary
and Phytosanitary Measures. The
event underlined the central role the SPS Agreement has played to enhance trade
in safe food since 1995. Negotiators of the Agreement, the former Secretary of the
SPS Committee and Chairperson of the working group that negotiated the SPS Agreement,
former Committee chairs, experts and delegates reflected on the work done over the
past 25 years and tried to anticipate the challenges the next 25 years will bring.
The event was opened by Deputy Director-General
Alan Wolff, who said that the Agreement is more relevant than ever at
a time when food safety continues to be a major concern for all WTO members.
The SPS
week at the WTO also saw the publication of a new information note by the Secretariat
about trade issues associated with the spread of diseases of animal origin. The
note maps
out the international framework in place to address these issues, along with ongoing
efforts to ensure safe trade in animals and animal products, including in wildlife.
In addition, two new publications were launched at a side event by the World Organisation for Animal Health (OIE): the OIE Scientific and
Technical Review on "Ensuring safe trade
in animals and animal products" (the flagship OIE publication
edited this year by the WTO Secretariat) and the OIE Technical Item 2020 on "Required
competences of Veterinary Services for international trade".
In addition,
many delegates attended two other virtual side events: an information session organized
by the Permanent Missions of Canada, Colombia, Costa Rica, Ecuador, Guatemala, Paraguay
and the United States titled "Farmers' Perspectives on SPS Challenges for Sustainable
Food Production and Trade"; and an information session by the UN Food and Agriculture
Organization (FAO) titled "Understanding international
harmonization of pesticide maximum residue limits with Codex standards - A case
study on rice".
The first
meeting of the Committee's Working Group on Approval Procedures was held on 4 November.
This working group is a result of the Fifth Review of the Operation and Implementation
of the SPS Agreement (G/SPS/W/313/Rev.3). It
aims at enhancing the implementation of approval procedures that facilitate international
trade while meeting the importing member's appropriate level of sanitary or phytosanitary protection. Canada and Paraguay are coordinating
the work of the working group, which in an initial phase will address issues such
as transparency of approval procedures and undue delays. Currently, 24 members and
one observer organization, the Organisation for Economic
Co-operation and Development (OECD), are part of this working group.
Members
discussed a possible Sanitary and Phytosanitary (SPS)
Declaration for the WTO’s 12th Ministerial Conference next year. This would address
the growing pressures on international agri-food production
and trade. Proponents of the SPS Declaration (GEN/1758/Rev.4) stressed
that the COVID-19 pandemic has underlined the importance of coordinated responses
to global crises and of leveraging available regulatory tools such as the SPS Agreement
in meeting these challenges in a science-based manner.
The proposal
is supported by 21 members. Some delegations reiterated their reservations and said
they were still considering their position on the Declaration. The Chair of the
Committee, Gregory MacDonald of Canada, will hold consultations on 23 November to
give the proponents an opportunity to explain their proposal and engage with other
members.
Brazil
announced its intention to prepare a revised version of its proposal on Strengthening
the Consultative Function of the SPS Committee (G/SPS/W/319/Rev.2). Several
members stressed that the work of the Committee had evolved considerably in 2020,
partly due to the impact of the pandemic and thanks to the new eAgenda platform. They expressed a preference for flexibility
in Committee procedures.