1. Sustainable Trade and economic growth strategies of China Panel two: Standards, market and public policy objective Mr Marinus Huige Chairman, WTO SPS Committee

2. 2 The right to protect human, animal or plant life or health Avoiding unnecessary barriers to trade WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement)

3. 3 SPS measures to be taken only when necessary to protect: Human or risks arising from additives, animal health contaminants, toxins or disease organisms in food, drink, feedstuff Human lifeplant- or animal-carried diseases Animal or pests, diseases, disease-causing plant life organisms A countryother damage caused by entry, establishment or spread of pests from

4. 4 If necessary to impose an SPS measure: Where to start (1)? Is there a relevant international standard (Codex, IPPC or OIE)?  Yes Does the measure “conform to” the int’l standard? If yes, then the measure is OK (“safe harbour”)

5. 5 Where to start (2)? Is there a relevant international standard?  Yes Does the measure “conform to” the int’l standard? (Or if there is no int’l standard)  NO Is their sufficient scientific evidence // an appropriate risk assessment to maintain the measure?

6. 6 Article 3.3 Members may introduce or maintain SPS measures which result in a higher level of sanitary or phytosanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, if there is a scientific justification, or as a consequence of the ALOP in accordance with the relevant provisions of paragraphs 5.1 – 5.8 Notwithstanding the above, all measures which result in a level of sanitary or phytosanitary protection different from that which would be achieved by measures based on international standards, guidelines or recommendations shall not be inconsistent with any other provision of this Agreement. * For the purposes of paragraph 3 of Article 3, there is a scientific justification if, on the basis of an examination and evaluation of available scientific information in conformity with the relevant provisions of this Agreement, a Member determines that the relevant international standards, guidelines or recommendations are not sufficient to achieve its appropriate level of sanitary or phytosanitary protection.

7. 7 International standards and scientific justication concerns at the WTO

8. 8 Specific Trade Concerns by Area (1995-2007) -G/SPS/GEN/204/Rev.8 (Adds. 1-3)

9. 9 Some specific trade concerns raised in the SPS Committee regarding measures by China Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Zero tolerance for pathogens on raw meat and poultry productsUnited States China2007pending Application of regionalization and prohibition of bovine meatBrazil China2007pending Avian influenza restrictionsUnited States China2007pending Varietal restrictions on US applesUnited States China2007pending

10. 10 Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Regulation on wood packaging material European Communities China2002pending Quarantine measures for the entry and exit of aquatic products European CommunitiesUnited StatesChina2003Resolved Lack of transparency for certain SPS measuresUnited States China2004pending Measures on US poultryUnited StatesCanadaChina2004Resolved Import restrictions on products of animal origin due to dioxin European Communities China2007Resolved

11. 11 Some specific trade concerns raised by China in the SPS Committee Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Import restrictions on wooden Christmas treesChina United States2006pending Import restrictions on cooked poultry products from ChinaChina European Communities2007pending Import restrictions on cooked poultry products from ChinaChina United States2007pending Restrictions on ApplesChina United States2008pending

12. 12 Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Directives on residual pesticide tolerance and inspection methods for teaChinaIndiaEuropean Communities2005pending Positive list system for pesticides, veterinary drugs and feed additives MRLs China, United States Australia, PhilippinesJapan2005pending Restrictions on Ya pears importsChina European CommunitiesUnited States2005pending Safety insurance and quality improvement standards for feed and feed additivesChina Japan2005pending Import suspension of heat-processed straw and forage for feedChina Japan2005Resolved

13. 13 Some specific trade concerns raised in the SPS Committee regarding measures by India Title Members raising the concern Members supporting the concern Members maintainin g the measuredateStatus Biotech labelling and import approval process regulationsUnited States Argentina, Brazil, CanadaIndia2006pending Export certification requirements for dairy productsUnited States India2007pending

14. 14 Some specific trade concerns raised in the SPS Committee regarding measures by India Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Phytosanitary import restrictions United States, European Communities Canada, Chile, New Zealand, European CommunitiesIndia2004 Partially resolved Non- notification of various SPS measuresUnited States Australia, New Zealand, European CommunitiesIndia2004pending Ban on food grade waxUnited States India2004pending

15. 15 Some specific trade concerns raised in the SPS Committee regarding measures by the US Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Regulatory process economic analysis requirementBrazil United States2008pending Import Restrictions on EC Dairy Products European CommunitiesNew ZealandUnited States2008pending Restrictions on ApplesChina United States2008pending

16. 16 Some specific trade concerns raised in the SPS Committee regarding measures by the US Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Restrictions on Ya pears importsChina European CommunitiesUnited States2005pending Import procedures for fruits and vegetables European Commun itiesArgentinaUnited States2005pending Import restrictions on wooden Christmas treesChina United States2006pending Import restrictions on cooked poultry products from ChinaChina United States2007pending

17. 17 Some specific trade concerns raised in the SPS Committee regarding measures by the EC Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Application and modification of the EC Regulation on novel foods Colombia, Ecuador, Peru Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, and others European Communities 2006 pending Restrictions on US poultry exportsUnited States European Communities2006pending Import restrictions on cooked poultry products from ChinaChina European Communities2007pending Maximum Residue Levels for Ethephon in pineappleEcuadorCosta Rica European Communities2008pending

18. 18 Some specific trade concerns raised in the SPS Committee regarding measures by the EC Title Members raising the concern Members supporting the concern Members maintaining the measuredateStatus Application and modification of the EC Regulation on novel foods Colombia, Ecuador, Peru Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, India and others European Communities2006pending Restrictions on US poultry exportsUnited States European Communities2006pending Import restrictions on cooked poultry products from ChinaChina European Communities2007pending

19. 19 Some specific trade concerns raised in the SPS Committee regarding measures by the EC Title Members raising the concern Members supporting the concern Members maintaining the measure dateStatus Geographical BSE risk assessment Canada, Chile, IndiaUnited States European Communities2001Resolved Transitional TSE measuresCanadaUnited States European Communities2001Resolved Application and modificatio n of the EC Regulation on novel foods Colombia, Ecuador, Peru Argentina, Bolivia, Brazil, Chile, Costa Rica, Benin, El Salvador, Honduras, and others European Communities2006pending Restrictions on US poultry exportsUnited States European Communities2006pending

20. 20 New or modified regulation + No existing international standard or Different than the international standard + Significant impact on trade (restricting or facilitating) Last but not least: The need for Transparency NOTIFY