ENSURING SAFETY

AND PROTECTION Annalyn Lopez

WHILE Food, Agriculture, and

Fisheries Policy Division

FACILITATING
Policy Research Service

TRADE
OUTLINE
1) SPS Measures: Protecting human, animal and plant life
or health
2) The SPS System in the Philippines
3) The WTO SPS Agreement: balancing safety/protection
and trade facilitation
principles of the SPS Agreement
rights and obligations of sovereign states
GLOBAL AGRICULTURAL
TRADE
2011 – over $3,405 Billion
agri products traded

$2,793 Billion food traded

About 600 Million Tons of

food products
MOVING ACROSS BORDERS…
Commodities / products Risks
 Plant Zoonotic
pests diseases

Drug residues Bird flu

Foot
and Pesticide
mouth residues
disease
HOW DO WE ENSURE SAFETY AND PROTECTION?
 SANITARY AND PHYTOSANITARY MEASURES

• Hygienic and clean

SANITARY
• Human and animal health
• Control of plant diseases
PHYTOSANITARY
• Plant health
• Laws
MEASURES
• Rules and regulations
 Drug
SPS MEASURE: A residue
limits
MEASURE TO PROTECT… seafood

1. HUMAN AND ANIMAL

HEALTH
from Aflatoxin
limits in
risks from additives, nuts
contaminants, toxins, or disease-
causing organisms in food or
feedstuffs
HACCP to
reduce
Salmonella
SPS MEASURE: A Rabies
MEASURE TO PROTECT… vaccination

2. HUMAN HEALTH
from
diseases spread by plants or
animals (zoonoses)

Biosecurity measures
to control Avian
influenza outbreaks
SPS MEASURE: A
MEASURE TO PROTECT… Foot-and-Mouth
Disease measures
3. ANIMAL OR PLANT
HEALTH
from
pests, diseases, disease-
carrying or disease-causing
organisms Measures to prevent
spread of fruit flies
SPS MEASURE: A Import prohibition of coconut
and other palms
(BPI Special Quarantine
MEASURE TO PROTECT… Order I-1/1982)

4. THE TERRITORY OF A
COUNTRY
from
other damage from entry or
spread of pests Lethal yellowing
disease of coconut
• “animals” include fish and wild fauna
• “plants” include forests and wild flora
• “pests” include weeds
• “contaminants” include residues of pesticides
and veterinary drugs, as well as extraneous matter
 COVERAGE
SPS MEASURE DEFINITION BY
Exporting Country Importing Country

3 4 6 2 4
8
1,5,7
1. All relevant laws, decrees, regulations, requirements, and procedures
2. End-product criteria
3. Processes and production methods
4. Testing, inspection procedures
5. Certification, and approval procedures
6. Quarantine treatments inclu. transport requirements of animals and plants (inclu materials)
7. Provisions on relevant statistical methods, sampling procedures, methods of risk assessment
8. Packaging and labelling requirements for food safety
A country has the sovereign right to adopt SPS
Measures to achieve the level of protection it
has determined for itself to be appropriate
REDUCTION OF TARIFFS
≈ 40%

> 4%
INCREASING, STRICTER NON-TARIFF BARRIERS
(NTB)
%

1947 2007
 SPS Agreement

Protection of human, Smooth flow of trade

animal and plant life or / Trade facilitation
health

Agreement on the Application of

Sanitary and Phytosanitary Measures
BASIC RIGHT
Right to give
priority to Right to choose
health own level of
protection over SPS protection
trade
Members
have the
right to take
SPS
measures
BASIC OBLIGATION Based on scientific
principles and not
maintained without
sufficient scientific
evidence
Not applied in a
Applied only to the manner which
extent necessary to would constitute a
protect life or disguised
health restriction on
international trade

SPS Measures
are not
inconsistent
with the SPS
Agreement
THE SPS AGREEMENT: STRUCTURE
Preamble
1. General Provisions
2. Basic Rights and Obligations
3. Harmonization
4. Equivalence
5. Assessment of Risk and
Determination of the Appropriate
Level of SPS protection (ALOP)
6. Adaptation to Regional
Conditions, Including Pest- or
Disease-Free Areas and Areas of
Low Pest or Disease Prevalence
8. Control, Inspection and Approval Procedures
9. Technical Assistance
10. Special and Differential Treatment
11. Consultation and Dispute Settlement
12. Administration
13. Implementation
14. Final Provisions
ANNEXES:
A – Definitions
B – Transparency of SPS regulations
C – Control, Inspection and Approval Procedures
 1. SPS MEASURES ARE NOT DISCRIMINATORY

“SPS measures do not arbitrarily

Most Favoured Nation Treatment
or unjustifiably discriminate
between Members where
identical or similar conditions
prevail, including between their
own territory and that of other
Members.”

Photos:
http://post.jagran.com/what-is-most-favoured-nation-status-for-pakistan-simplified-for-you-here-1474968999
http://www.landvistaaquascapes.com/blog/american-koi-vs-imported-koi
ENSURE THAT PROCEDURES FOR CONTROL, INSPECTION AND National Treatment
APPROVAL ARE NOT DISCRIMINATORY

Timeliness
Standard processing period is
published shall be no less favourable
Requirements are limited only for imported products than
what is necessary they are for like domestic
products
Fees are equitable
shall be limited only what is
Sampling procedures necessary to ensure
compliance with regulations
Location of facilities
Confidentiality of information
2. SPS MEASURES SHALL BE BASED ON INTERNATIONAL STANDARDS,
GUIDELINES AND RECOMMENDATIONS - HARMONIZATION

Codex Alimentarius Commission (Codex)

• Food additives, veterinary drug and pesticides residues, contaminants
• Methods of analysis and sampling; codes and guidelines of hygienic
practice

International Plant Protection Convention (IPPC)

• Plant health
• Research materials that can act as a vector for the spread of plant
pests

International Office of Epizootics (OIE)

• Animal health and zoonoses
• Disease surveillance and monitoring
EXAMPLE
 International “Stricter” SPS
Standards Measures

MEMBERS MAY
ADOPT “STRICTER”
SPS MEASURES
3. SCIENTIFIC EVIDENCE – • Likelihood of entry,
RISK ASSESSMENT Pests or establishment or spread
• Associated potential
diseases biological and economic
consequence

• Adverse effects on
human or animal health
Food- arising from presence of
borne additives, contaminants,
etc.
• Potential occurrence of
the effects
IN RISK ASSESSMENT, TAKE INTO ACCOUNT:
•Scientific evidence
•Processes and production methods
•Inspection, sampling, and testing methods
•Pest or disease prevalence
•Ecological and environmental conditions
•Quarantine and other treatment
•Economic factors:
• Potential damage from entry, establishment or spread
• Costs of control or eradication for importing Member
• Relative cost-effectiveness of alternative approaches to limiting risk
SPS MEASURES MUST BE LEAST-TRADE RESTRICTIVE

Once have determined the NEED for

an SPS measure

Have determined the LEVEL of

protection needed (or acceptable level
of risk)

Must SELECT least-trade restrictive

measure (technically and economically
feasible) to achieve level of health
protection
EXAMPLE
SOUTH KOREA
New Positive List System (PLS)
covering fruits and vegetables
 Default MRL to 0.01ppm
 Chlorpyrifos
 Thiophanate methyl
 Codex standard
 Chlorpyrifos – 2.0ppm
 Thiophanate methyl – 0.2ppm
PHILIPPINES
1. retain the Codex MRL until
the completion of the import
tolerance evaluation.
2. prioritize import tolerance
evaluation for Buprofecin to
provide alternative for
polybags for our banana
producers

1. Import tolerance evaluation of Chlorpyrifos and Buprofecin as priority

2. favorably considered the requested pesticide MRLs for banana:
• 2.0ppm – Chlorpyrifos, Buprofecin, Azoxystrobin
• 0.1ppm – Bifenthrin, Thiophanate methyl, Carbendazim
EXCEPTION: PROVISIONAL MEASURES
WTO Members may provisionally adopt SPS measures
 When relevant scientific information is insufficient
 On the basis of available information
In such circumstances, WTO Members shall
 Seek to obtain information to assess risk
 Review the measure within a reasonable period of time
4. MEMBERS SHALL ACCEPT THE SPS MEASURES OF OTHERS AS
EQUIVALENT TO THAT OF THE IMPORTING MEMBER - EQUIVALENCE

Appropriate Level
of Protection

SPS Measures SPS Measures

– Exporting – Importing
Country Country

Accept as
equivalent
EXAMPLE

Possible quarantine treatments

for Mango pulp weevil:
Hot water treatment?
Vapor-heat treatment?
Irradiation?
EXAMPLE
Fisheries AO 227/2008 – export
of fish and aquatic products to EU
Code of Sanitation of the Philippines
The Code of GMP for Business
Operators Exporting FA Products from
the Philippines to the EU
HACCP
Traceability
Among others
5. ADAPTATION OF SPS MEASURES TO REGIONAL CONDITIONS
- REGIONALIZATION

Members shall ensure that their SPS measures are

adapted to the SPS characteristics of an “area”
All of a country
Part of a country
All or parts of several countries

from which the product originated and to which the

product is destined
 PEST- OR DISEASE-FREE
AREAS / AREAS OF LOW PEST
OR DISEASE PREVALENCE

Geography
Ecosystems
Epidemiological surveillance
Effectiveness of SPS controls

Photo:
http://hoinhap.org.vn/en/images/uyen-
hinh/Uy%C3%AAn_2017/quarantine-zones-480w.jpg
EXAMPLE
EXAMPLE
 6. MEMBERS TO NOTIFY AND PROVIDE INFORMATION ON SPS
MEASURES - TRANSPARENCY
Notify draft and adopted SPS measures; notification authority
Publish all SPS measures
Establish an enquiry point
Members shall
notify other Members of new or
changed SPS regulations when

no international standard exists regulation may

OR AND have
the new regulation is different significant
than the international effect on trade
standard
Notification at an early stage

Notification to other Members

through the Secretariat

Provision of copies upon

request

Reasonable time for comments

(60 days)

Take into account comments

and results of discussion
EXAMPLE
WTO SPS AGREEMENT: MAIN REFERENCE
DOCUMENT
ASEAN-Australia-New Zealand Free Trade Agreement
ASEAN-China Free Trade Agreement
ASEAN Trade in Goods Agreement
ASEAN-Korea Free Trade Agreement
ASEAN-China SPS Cooperation
Philippines-European States Free Trade Agreement
DA-AQSIQ (China) SPS Cooperation
Regional Comprehensive Economic Partnership
Philippines-European Union Free Trade Agreement
 SPS BORDER AGENCIES

Department of Agriculture (DA)

Bureau of National Meat

Bureau of Bureau of Inspection
Animal Fisheries Plant
and Aquatic Service
Industry Industry
Resources (2nd border)
PH: FOOD SAFETY REGULATORY FRAMEWORK
• Foods in
DA primary and
(FSRAs) postharvest
stage

DOH • Processed
(FDA) foods
 Office of the Undersecretary for Policy and Planning, Program Dev’t, Research and
Development, and Regulations
Office of the Assistant Secretary for Regulations

Policy Research Service (PRS)

Bureau of Agriculture and Fisheries Standards (BAFS)

National Bureau of
National Bureau of Bureau of Philippine National Fertilizer and
Meat Sugar Regulatory Fisheries
Dairy Plant Animal Coconut Food Pesticide
Inspection Administration and Aquatic
Authority Industry Industry Authority Authority Authority
Service (SRA) Resources
(NDA) (BPI) (BAI) (PCA) (NFA) (FPA)
(NMIS) (BFAR)
VALUE OF SPS MEASURES
Agency No. of Codes Total Imports $M Import Share %
1995-2004

BAI/NMIS 296 9,632 30

BPI 432 15,009 47
BAI/NMIS/BPI 702 21,366 66
Agency No. of Codes Total Exports $M Export Share %
1995-2004

BAI, NMIS, BPI, 765 16,435 75

BAFPS (now
BAFS), FDC
Source: CVA, 2006 under EMERGE Project
SUMMARY
 SPS MEASURE IS APPLIED TO PROTECT
Animal and plant life or • FROM entry, establishment or spread of
health pests, disease-carrying or disease-causing
organisms

Human or animal life or • FROM food-borne risks

• arising from additives, contaminants, toxins or disease-causing
health organisms in foods, beverages or feedstuff

• FROM diseases carried by animals, plants or products

Human life or health thereof

• FROM other damage arising from the entry,

Member’s territory establishment or spread of pests
WTO SPS AGREEMENT
Principles:
1. Non-discrimination
“balance” between:
Ensuring safety and protection
2. Harmonization
and 3. Risk Assessment
trade facilitation 4. Equivalence
5. Regionalization
6. Transparency
FOR MORE INFORMATION:
THANK YOU
Email
ann.lorenzo.lopez@gmail.com