Risk Assessment under the Sanitary and Phytosanitary Agreement

Last updated

The Agreement on the Application of Sanitary and Phytosanitary Measures (the "SPS Agreement") governs rules for food safety and animal and plant health standards. The SPS Agreement permits countries to implement measures provided that they are based on science, are applied only to the extent necessary to protect human, animal and plant life or health and do not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail. [1]

Description

A critical feature of the SPS Agreement is that Sanitary and Phytosanitary measures ("SPS measures") must be based on a 'risk assessment'. Article 2.2 of the SPS Agreement requires SPS measures to be maintained with sufficient scientific evidence. Furthermore, SPS measures must be based on appropriate assessments of the risks to human, animal or plant life or health. [2] The risk assessment must, but is not limited to, consider: scientific evidence, relevant processes and production methods, relevant inspection, sampling and testing methods, prevalence of specific diseases or pests, existence of pest or disease free areas, relevant ecological and environmental conditions, and quarantine or other treatment. [3] Exceptionally, Members may adopt provisional measures (not based on a risk assessment) when the relevant scientific evidence is insufficient. [4]

Risk assessment is defined in para4 of Annex A to the SPS agreement: The evaluation of the likelihood of entry, establishment or spread of a pest or disease within the territory of an importing Member according to the sanitary or phytosanitary measures which might be applied, and of the associated potential biological and economic consequences; or the evaluation of the potential for adverse effects on human or animal health arising from the presence of additives, contaminants, toxins or disease-causing organisms in food, beverages or feedstuffs.

Risk assessment represents a quantitative or qualitative [5] estimate of the possible "harmful effect of the intake of or exposure to a substance or activity, determined in accordance with scientifically accepted methodology." [6] The risk to be assessed under article 5.1 must be a specific risk that has "the actual potential for adverse effects on human health in the real world where people live and work and die." [7] This can be contrasted with "risk management", which takes into account the result of the risk assessment in addition to the social values and politics. [8] Risk management seeks to establish the level of risk a particular society is willing to take in relation to the potential harm and the corresponding SPS measure.

Related Research Articles

Biosecurity refers to measures aimed at preventing the introduction and/or spread of harmful organisms intentionally or unintentionally outside their native range and/or within new environments. In agriculture, these measures are aimed at protecting food crops and livestock from pests, invasive species, and other organisms not conducive to the welfare of the human population. The term includes biological threats to people, including those from pandemic diseases and bioterrorism. The definition has sometimes been broadened to embrace other concepts, and it is used for different purposes in different contexts.

<span class="mw-page-title-main">Cartagena Protocol on Biosafety</span> 2003 international agreement on biosafety

The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement on biosafety as a supplement to the Convention on Biological Diversity (CBD) effective since 2003. The Biosafety Protocol seeks to protect biological diversity from the potential risks posed by genetically modified organisms resulting from modern biotechnology.

The Uruguay Round was the 8th round of multilateral trade negotiations (MTN) conducted within the framework of the General Agreement on Tariffs and Trade (GATT), spanning from 1986 to 1993 and embracing 123 countries as "contracting parties". The Round led to the creation of the World Trade Organization, with GATT remaining as an integral part of the WTO agreements. The broad mandate of the Round had been to extend GATT trade rules to areas previously exempted as too difficult to liberalize and increasingly important new areas previously not included. The Round came into effect in 1995 with deadlines ending in 2000 under the administrative direction of the newly created World Trade Organization (WTO).

<span class="mw-page-title-main">Codex Alimentarius</span> Collection of internationally recognized standards

The Codex Alimentarius is a collection of internationally recognized standards, codes of practice, guidelines, and other recommendations published by the Food and Agriculture Organization of the United Nations relating to food, food production, food labeling, and food safety.

<span class="mw-page-title-main">International Plant Protection Convention</span> International treaty on pests & diseases

The International Plant Protection Convention (IPPC) is a 1951 multilateral treaty overseen by the United Nations Food and Agriculture Organization that aims to secure coordinated, effective action to prevent and to control the introduction and spread of pests of plants and plant products. The Convention extends beyond the protection of cultivated plants to the protection of natural flora and plant products. It also takes into consideration both direct and indirect damage by pests, so it includes weeds. IPPC promulgates International Standards for Phytosanitary Measures (ISPMs).

<span class="mw-page-title-main">Market access</span> Ability to sell goods and services across borders

In international trade, market access refers to a company's ability to enter a foreign market by selling its goods and services in another country. Market access is not the same as free trade, because market access is normally subject to conditions or requirements, whereas under ideal free trade conditions goods and services can circulate across borders without any barriers to trade. Expanding market access is therefore often a more achievable goal of trade negotiations than achieving free trade.

The Agreement on the Application of Sanitary and Phytosanitary Measures, also known as the SPS Agreement or just SPS, is an international treaty of the World Trade Organization (WTO). It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), and entered into force with the establishment of the WTO at the beginning of 1995. Broadly, the sanitary and phytosanitary ("SPS") measures covered by the agreement are those aimed at the protection of human, animal or plant life or health from certain risks.

The Agreement on Technical Barriers to Trade, commonly referred to as the TBT Agreement, is an international treaty administered by the World Trade Organization. It was last renegotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, with its present form entering into force with the establishment of the WTO at the beginning of 1995, binding on all WTO members.

Plant health includes the protection of plants, as well as scientific and regulatory frameworks for controlling plant pests or pathogens. Plant health is concerned with:

The beef hormone controversy or beef hormone dispute is one of the most intractable agricultural trade controversies since the establishment of the World Trade Organization (WTO).

<span class="mw-page-title-main">Technical barriers to trade</span>

Technical barriers to trade (TBTs), a category of nontariff barriers to trade, are the widely divergent measures that countries use to regulate markets, protect their consumers, or preserve their natural resources, but they also can be used to discriminate against imports in order to protect domestic industries.

Sanitary and phytosanitary (SPS) measures are measures to protect humans, animals, and plants from diseases, pests, or contaminants.

Equivalence is a term applied by the Uruguay Round Agreement on the Application of Sanitary and Phytosanitary Measures. World Trade Organization (WTO) Member countries shall accord acceptance to the Sanitary and Phytosanitary (SPS) measures of other countries if the exporting country demonstrates to the importing country that its measures achieve the importer’s appropriate level of sanitary and phytosanitary protection.

<span class="mw-page-title-main">Free Trade Agreement between Mexico and the European Union</span> Cooperation Agreement

Free Trade Agreement between Mexico and the European Union, is a trade agreement between the European Union and Mexico. It was signed on December 8, 1997, in the city of Brussels, under the designation "Agreement of Economic Partnership, Political Coordination and Cooperation between the United Mexican States and the European Community and its members". On October 1, 2000 the agreement came into force, and taxes applying to a large quantity of importing goods were eliminated or reduced.

<span class="mw-page-title-main">Regulation of genetic engineering</span>

The regulation of genetic engineering varies widely by country. Countries such as the United States, Canada, Lebanon and Egypt use substantial equivalence as the starting point when assessing safety, while many countries such as those in the European Union, Brazil and China authorize GMO cultivation on a case-by-case basis. Many countries allow the import of GM food with authorization, but either do not allow its cultivation or have provisions for cultivation, but no GM products are yet produced. Most countries that do not allow for GMO cultivation do permit research. Most (85%) of the world's GMO crops are grown in the Americas. One of the key issues concerning regulators is whether GM products should be labeled. Labeling of GMO products in the marketplace is required in 64 countries. Labeling can be mandatory up to a threshold GM content level or voluntary. A study investigating voluntary labeling in South Africa found that 31% of products labeled as GMO-free had a GM content above 1.0%. In Canada and the USA labeling of GM food is voluntary, while in Europe all food or feed which contains greater than 0.9% of approved GMOs must be labelled.

Plant Protection and Quarantine (PPQ) is one of six operational program units within the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA). The PPQ works to safeguard agriculture and natural resources in the U.S. against the entry, establishment, and spread of animal and plant pests, and noxious weeds in order to help ensure the protection of native flora and an abundant, high-quality, and varied food supply.

In the 1990s, a trade dispute over fresh salmon arose between the Commonwealth nations of Canada and Australia. In 1995, Canada made a complaint to the World Trade Organization, of which both countries are members, about Australia's restriction on imports of fresh salmon, which were part of a quarantine measure for health purposes.

Pest risk analysis (PRA) is a form of risk analysis conducted by regulatory plant health authorities to identify the appropriate phytosanitary measures required to protect plant resources against new or emerging pests and regulated pests of plants or plant products. Specifically pest risk analysis is a term used within the International Plant Protection Convention (IPPC) and is defined within the glossary of phytosanitary terms. as "the process of evaluating biological or other scientific and economic evidence to determine whether an organism is a pest, whether it should be regulated, and the strength of any phytosanitary measures to be taken against it". In a phytosanitary context, the term plant pest, or simply pest, refers to any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products and includes plant pathogenic bacteria, fungi, fungus-like organisms, viruses and virus like organisms, as well as insects, mites, nematodes and weeds.

The World Organisation for Animal Health's Terrestrial Animal Health Code (TAHC) implements improvement standards of worldwide animal health and welfare and public health from a veterinary point of view. It includes standards international trade in terrestrial biological specimens and their merchandise. National veterinary authorities use it to provide for early detection of pathogens and to prevent the transfer of same by international trade in animals and animal merchandise, while skirting "unjustified sanitary barriers to trade".

The OIE Aquatic Animal Health Code (AAHC) implements improvement standards of worldwide aquatic animal health and welfare and public health from a scientific point of view. The AAHC "compiles information on diseases of fish, molluscs and crustaceans, and on methods used to control these diseases".

References

  1. "Understanding the Sanitary and Phytosanitary Measures Agreement". World Trade Organization . Retrieved 2016-01-06.
  2. Sanitary and Phytosanitary Agreement of the World Trade Organisation, Article 5 paragraph 1
  3. Sanitary and Phytosanitary Agreement of the World Trade Organisation, Article 5 paragraph 2
  4. Sanitary and Phytosanitary Agreement of the World Trade Organisation, Article 5 paragraph 7
  5. Van den Bossche and Zdouc (2013), The Law and Policy of the World Trade Organization, 3rd Edition, Cambridge University Press, Chapter 14
  6. Lowrance W, Of Acceptable Risk: Science and the Determination of Safety, Los Altos, CA, USA: William Kaufmann, 1976, p 9; see also Cunningham R. (2005), The ABCs of GMOs, SPS & the WTO: a critical analysis of the Sanitary and Phytosanitary Agreement, 9 SCU Law Review 19, p 28
  7. EC – Measures Concerning Meat and Meat Products AB Report, WT/DS26/AB/R paragraph 187
  8. Bohanes J, "Risk regulation in WTO law: a procedure-based approach to the precautionary principle" (2002) 40 Columbia Journal of Transnational Law 323, p 338; see also Cunningham R. (2005), The ABCs of GMOs, SPS & the WTO: a critical analysis of the Sanitary and Phytosanitary Agreement, 9 SCU Law Review 19, p 28