Codex and the WTO Trade Agenda Gretchen H. Stanton Senior Counsellor Agriculture and Commodities Division World Trade Organization
Codex and the WTO Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) Desiring to further the use of harmonized sanitary measures...on the basis of international standards developed by the Codex Alimentarius Commission For food safety, the standards, guidelines and recommendations established by the Codex Alimentarius Commission relating to food additives, veterinary drug and pesticide residues, contaminants, methods of analysis and sampling, and codes and guidelines of hygienic practices 2
Codex and the SPS Agreement Members shall base their sanitary... measures on international standards, guidelines and recommendations where they exist.. Sanitary... measures which conform to international standards, guidelines or recommendations shall be deemed to be necessary to protect human... life or health, and presumed to be consistent with the relevant provisions of this Agreement and of GATT 1994. 3
Codex and the SPS Agreement Members may introduce or maintain sanitary... measures which result in a higher level of sanitary... 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 level of sanitary... protection a Member determines to be appropriate Members shall ensure that their [SPS] measures are based on an assessment of the risks to human life or health, taking into account risk assessment techniques developed by the relevant international organizations 4
Codex and the SPS Agreement Members shall play a full part, within the limits of their resources, in the relevant international organizations..in particular the Codex Alimentarius Commission to promote within these organizations the development and periodic review of standards Members agree to facilitate the provision of technical assistance to other Members, especially developing country Members, either bilaterally or through the appropriate international organizations 5
Codex and the WTO Agreement on Technical Barriers to Trade (TBT Agreement) Technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective inter alia the prevention of deceptive practices; protection of human health or safety. Where technical regulations are required and relevant international standards exist or their completion is imminent, Members shall use them, or the relevant parts of them, as a basis for their technical regulations except when such international standards. would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued.. 6
Codex and the TBT Agreement With a view to harmonizing technical regulations on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of international standards. With a view to harmonizing conformity assessment procedures on as wide a basis as possible, Members shall play a full part, within the limits of their resources, in the preparation by appropriate international standardizing bodies of guides and recommendations for conformity assessment procedures. 7
Codex and the TBT Agreement In cases where a positive assurance is required that products conform with technical regulations or standards, and relevant guides or recommendations issued by international standardizing bodies exist or their completion is imminent, Members shall ensure that central government bodies use them, or the relevant parts of them, as a basis for their conformity assessment procedures, except where such guides or recommendations are inappropriate for the Members concerned 8
WTO Notifications Food safety: 5,598 (38%) Identifying Codex standards: 1,192 Total SPS Notifications: 14,674 9
WTO Notifications Total TBT Notifications: 20,402 Related to food standards, additives, nutrition labelling, etc.: 5,181 (25%) 10
SPS Specific Trade Concerns Food safety:124 (31%) Identifying Codex standards: 55 Total SPS STCs: 396 11
TBT Specific Trade Concerns Food products: 45 (9%) Total TBT STCs: 472 12
THANK YOU! Questions? Gretchen.Stanton@wto.org SPS Gateway TBT Gateway http://www.wto.org/sps http://www.wto.org/tbt