SANITARY AND PHYTOSANITARY MEASURES

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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.

SPS@25

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”. 

Working Group on Approval Procedures

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.

SPS Ministerial Declaration

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 (G/SPS/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.

Next meetings

The next regular meeting of the SPS Committee is scheduled for 25-26 March 2021, preceded by a thematic session on African swine fever and an informal meeting.

Further meetings are scheduled for 12-16 July and 2-5 November 2021.

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