WTO Members Adopt Report on Food Safety,
Animal and Plant Health, Paving Way for New Work
WTO members have adopted the Report of the Fifth Review of the
Agreement on the Application of Sanitary and Phytosanitary
Measures (SPS), paving the way for the organization to tackle new work and continue
existing activities related to food safety and animal and plant health.
The Report
of the Fifth Review of the Operation and Implementation of the SPS Agreement (G/SPS/64 and
G/SPS/64/Add.1) contains
various recommendations on topics proposed by WTO members and provides an overview
of the work undertaken by the SPS Committee during the period of the review, which
spanned from 2014 to 2019.
Throughout
the review process, members showed a high level of engagement, as evidenced by the
number of submitted proposals (22 proposals submitted by 29 members, covering 10
different topics) and the robust discussions in Committee meetings and various thematic sessions and
workshops organized on topics identified during the review. A summary
of all submitted proposals and papers is included in the Report as well as in document
G/SPS/GEN/1625/Rev.6.
At its
June 2020 regular meeting, the Committee adopted the Report on an ad referendum
basis. Since no written objections were raised by 31 July 2020, the text was adopted.
Members also elected Mr Gregory MacDonald of Canada as
the new chair of the SPS Committee.
Every
four years, WTO members evaluate how they are applying the SPS Agreement. The Fifth
Review process started in March 2018 and
was driven by members' proposals for new work by the Committee relating to specific
topics.
Members
underscore in the Report's recommendations (G/SPS/64) the
importance of science-based procedures for the implementation of the SPS Agreement,
including the need for continued discussions on the topic of risk and management
of situations involving insufficient scientific evidence. The recommendations also
highlight the role of Codex Alimentarius, the World Organisation for Animal
Health (OIE) and the International Plant Protection Convention (IPPC) in sharing
guidance on scientific uncertainty and on insufficiency of scientific evidence in
the risk analysis process. In addition, the SPS Committee has agreed to reschedule
a Workshop on Risk Assessment, Risk Management and Risk Communication, which was
supposed to be held in June 2020 but had to be postponed due to the COVID-19 pandemic.
In relation
to control, inspection and approval procedures (Annex C of the SPS Agreement), members
agreed in the review to establish a new agenda item for formal meetings of the SPS
Committee in order to facilitate further information sharing on this topic, and
to create a working group to continue to examine approval procedures. Members are
also encouraged to notify agreements reached on the recognition of equivalence,
to continue related discussions and information exchanges - including on systems
approaches - and to ensure coordination between SPS Committee representatives and
their governments' Codex, OIE and IPPC representatives.
Members
have agreed to continue to exchange experiences on science-based regulatory approaches
to fight fall armyworm, an invasive pest posing a threat to a variety of crops across
the world, and to further discuss the concepts identified in the submission on Enabling
Access to Tools and Technologies (G/SPS/W/317) on
the same issue, including through the working group on approval procedures. Technical
assistance has been identified as a means to support members' efforts to improve
their integrated pest management strategies and regulatory approach to pre-market
approval and inspection systems.
In recognition
of the role of national coordination mechanisms in improving SPS coordination and
engagement at the national level and developing coordinated SPS positions, members
are encouraged in the recommendations to implement appropriate mechanisms to enable
consultation and communication between technical and trade policy experts. At members'
request, a collection of resources for members' use in implementing their national
coordination mechanisms will be prepared by the WTO Secretariat. In the area of
notification procedures and transparency, members are encouraged to indicate in
their SPS Committee notifications when a measure is notified to another committee,
e.g. a regulation containing SPS and Technical Barriers to Trade (TBT) measures
which is notified under both the SPS and TBT Agreements.
On the
topic of maximum residue levels (MRLs) for plant protection products, members are
encouraged to engage in national discussions related to enabling a more productive
Codex MRL system. They are also urged to provide greater transparency and predictability
on MRLs through notifications of proposed MRL changes and consideration of trading
partners' comments. Codex's role in providing regular updates on its progress in
the evaluation and periodic review of compounds is also recognized.
In addition,
the recommendations invite members to assess their domestic regulatory approaches
to pesticide registration and use, in relation to its impact on lower-risk alternative
pesticides, and also to evaluate minor use needs and collaborate in global data-generation
activities. The efforts of members and observer organizations are also welcomed
in relation to providing regular updates on MRL-related activities, including on
regional initiatives on MRLs.
Members
underscore in the recommendations the importance of regionalization for safe trade
in agricultural products. They are encouraged to respond to regionalization requests
in a timely manner, without unnecessary requests for information.
Members
welcome in the Report the active use of the existing Guidelines to Further the Practical
Implementation of Article 6 (G/SPS/48) and
further discussion on issues related to Article 6 of the SPS Agreement, including
the Guidelines. Members also acknowledge the need for sharing experiences and information
on a range of regionalization-related areas. These include the development and strengthening
of regionalization frameworks as well as the procedures and processes for requesting
recognition of pest- or disease-free areas and/or recognizing regional conditions.
In addition, the recommendations highlight the work of the OIE and IPPC on regionalization,
and welcome additional information and activities from these organizations to improve
the understanding and implementation of OIE and IPPC standards.
In relation
to the role of the Codex, OIE and the IPPC with respect to specific trade concerns
(STCs), these organizations are invited to provide factual information on their
standards, guidelines and recommendations in the SPS Committee meetings. In addition,
SPS Committee representatives are encouraged to consult with their governments'
Codex, OIE and IPPC experts for advice on STCs.
On the
topic of voluntary third-party assurance schemes, the Committee has agreed to reschedule
the Thematic Session on Voluntary Third-Party Assurance, which was originally scheduled
to be held in March 2020, but had to be postponed due
to the COVID-19 pandemic.
In the
addendum to the Report (G/SPS/64/Add.1), members
take stock of the body of work undertaken by the SPS Committee during the review
period. An integral part of this work was the in-depth discussions on several topics
(both new and previously discussed) that significantly impact health and trade.
These discussions were held within the context of Committee meetings as well as
thematic sessions and/or
workshops organized to further members' understanding and the Committee's
work in its consideration of related proposals submitted under the Fifth Review.
The Report
highlights the Committee's work on several procedural issues to enhance discussions
in the Committee and to better support members' internal coordination and participation
in the Committee. Some examples include modification of the Committee's agenda structure
in order to improve the fluidity of Committee discussions and the preparation of
a detailed agenda for Committee meetings (i.e. the circulation of an annotated agenda).
During
the period of the review, several transparency-related initiatives were undertaken.
These initiatives, such as the introduction of new online systems (ePing notification alert
system and eAgenda) and
the updating of existing ones (SPS Information Management System, SPS IMS; and SPS Notification Submission
System, SPS NSS) are highlighted
in the Report. In addition, detailed information is provided on the numerous technical
assistance activities organized by the WTO Secretariat.
The Fifth
Review Report is comprised of two sections: (i) Part A
(G/SPS/64): Proposals
submitted under the Fifth Review – this contains the list of the proposals submitted
under the Fifth Review as well as information on the discussions and thematic sessions that
have taken place on the various topics. This section also contains information on
the areas identified for further work by the SPS Committee, including recommendations;
and (ii) Part B (G/SPS/64/Add.1): Factual
report – this provides an overview of the work undertaken by the Committee during
the period of review (2014-2019).
The Fifth
Review Report includes recommendations on the following topics: appropriate level
of protection, risk assessment and science; control, inspection and approval procedures;
equivalence; fall armyworm; national SPS coordination mechanisms; notification procedures
and transparency; MRLs for plant protection products; regionalization; role of the
Codex Alimentarius, the OIE and the IPPC with respect
to specific trade concerns (STCs); and voluntary third-party assurance schemes.