Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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WTO News Item, 28 June 2024
WTO members made further progress on the Sixth Review of the Operation and Implementation of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) at a meeting of the SPS Committee on 25-28 June. They also discussed numerous trade concerns and acknowledged the Declaration adopted at the 13th WTO Ministerial Conference (MC13) on enhancing the implementation of special and differential treatment provisions in the SPS Agreement and the Agreement on Technical Barriers to Trade. Cecilia Risolo of Argentina was elected as new Chair of the Committee.
Every four years, WTO members review how they are implementing the SPS Agreement. The proposed process for the Sixth Review was discussed and adopted by members at an SPS Committee meeting in November 2023.
Members discussed 21 proposals for the Sixth Review, covering a wide variety of topics, such as: addressing modern challenges and emerging risks, voluntary third-party assurance programmes, regionalization, technology, transparency, and maximum residue levels. The committee aims to conclude the review by March 2025, with recommendations being developed in the interim.
Digitalization
A thematic session discussed the uptake of digital tools, in particular the electronic phytosanitary certificate solution developed by the International Plant Protection Convention (IPPC), with linkages to the work of the Standards and Trade Development Facility (STDF). Participants noted how e-certificates can help combat fraud and corruption, foster greater reliability of trade, save costs, paper, and time, and contribute to sustainability.
Some examples were showcased: e-certificates have allowed Morocco to save USD 40 million per year and processing time was cut down by 97% in Ecuador. Data shared at the thematic session highlighted increased trade volumes associated with the use of e-certificates across different sectors. It was also noted that other digital tools incorporated artificial intelligence (AI) to focus inspections on high-risk shipments and combat food fraud.
Specific trade concerns
Members discussed 53 specific trade concerns (STCs), including six raised for the first time. New STCs addressed issues such as animal diseases, delays in authorization processes, melamine contamination, and maximum residue limits (MRLs) in food products. Persistent concerns were also raised regarding the European Union's measures on pesticide residues, contaminants, endocrine disruptors, and veterinary medicinal products.
Highly pathogenic avian influenza (HPAI), African swine fever (ASF), and bovine spongiform encephalopathy (BSE) continued to catalyse attention. Members discussed surveillance, monitoring plans, and adherence to World Organisation for Animal Health (WOAH) standards. One concern about a member's import restrictions due to BSE was reported as resolved.
Other issues
Members adopted a landmark report on the SPS Declaration Work Programme that responds to the challenges and opportunities facing international trade in food, animal and plant products, fulfilling the mandate given by ministers at the 12th WTO Ministerial Conference (MC12) in June 2022.
The report details key findings of the Work Programme and includes recommendations for the committee moving forward. Key findings affirm the continued importance of the SPS Agreement for ensuring safe international trade in food, animal and plant products. Aligning SPS measures with international standards and scientific principles remains crucial, especially when confronting new challenges, the report finds.
Several members also highlighted the importance of joining SPS Committee meetings in person for effective engagement both in the meetings and bilaterally. However, it was also recognized the challenges that in-person attendance may imply for delegates.
Next steps
The Committee's future agenda includes an intersessional informal meeting to be held in September to advance the work on the Sixth Review. The next SPS Committee week is scheduled for 11-15 November 2024 and will include SPS@30 events and two thematic sessions: on emerging risks and modern challenges and on Codex guidelines for voluntary third-party assurance programmes.
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