International Agreements

1
International Agreements
17-Nov-09
1
2
International Agreements Outline

• World Scene International Organisations
• Some Key features
• Background to EU Vet agreements
• How these work and develop
• Individual agreements
• Where to look for information
• Latest developments

3
(No Transcript)
4
(No Transcript)
5
(No Transcript)
6

• OIE
• http//www.oie.int/eng/en_index.htm
• SPS
• http//www.wto.org/english/tratop_e/sps_e/sps_e.ht
  m
• IPPC
• https//www.ippc.int/IPP/En/default.jsp
• Codex Alimantarius
• http//www.codexalimentarius.net/web/index_en.jsp

7
The SPS Agreement

• Followed the Uruguay Round of talks
• The above relate to reduction in tariff barriers
  and quotas etc to free up trade
• Concern expressed by some that Sanitary and
  Phytosanitary restrictive measures could used
  as disguised protection measures
• SPS is complementary Closes loophole
  regarding barriers to trade
• Agreement on the Application of Sanitary and
  Phyto sanitary measures

8
International agreements

• TBT Agreement
• Technical Regulations and Industrial Standards
• Aim to ensure standards not set arbitrarily
• Members right to adopt standards considered
  appropriate
• Covers, packaging , labelling and similar
  measures
• TBT and SPS have common elements
• Non discrimination obligations, advance
  notifications
• Encourage use of international standards
• Additional measures must be science risk based

9
International Agreements

• Why have International Agreements ?
• Directive 91/496 Article 16
• No mention of Agreements but
• Some reduction in frequency of
• ID and Physical checks permitted
• Directive 97/78 Article 10.3
• Reductions in frequency of checks may be
  negotiated
• On basis of veterinary equivalence agreement

10
Reduced Checks - Article 10 Directive

• Directive allows for reductions in
• Physical and ID checks only
• Applies to Harmonised products only
• 3 Key features
• Originate in countries /Regions giving
  satisfactory health guarantees
• Products come from a list of approved
  establishments
• The certificates to accompany the import have
  been agreed AH and PH

11
Development of Reduced Checks - I

• Before any agreement, Commission to report to
  Scofcah , (FVO inspection report)
• Guarantees with respect to compliance with EU
  norms
• Animal Health situation in Country
• General Health situation in the Country
• Nature of measures applied by 3rd C for
  monitoring and combating disease
• Structure independence skills and qualifications
  of veterinary or competent services

12
Development of Reduced Checks - II

• Compliance with Minimum Standards f Production
  Hygiene in Community Law
• Type of product and potential health risk
• Rules on hormones and residues etc
• Outcome of Community or National Inspections
• Outcome of Import Checks
• Analysis of risks involved with import
  according to nature of products concerned

13
Agreement Countries

• EU now has several agreements negotiated
• Very slow process, but continuously evolving
• Aim to simplify trade without compromising risk
• USA, New Zealand, EEA, Canada, Switzerland
• Chile, Andorra, Faeroe Islands, San Merino
• Russia not an agreement, but Memo of
  understanding

14
Development of Agreements

• Initial Council Decision or Mandate
• Agreements often part of larger trade agreements
• Commission to conduct negotiations
• Potsdam Group of MS involved
• Recommendations to Scofcah
• Exchange of letters DDG to high ranking Equiv
  3rd C

15
Veterinary Agreements Basic Elements

• Objectives
• Multilateral Obligations
• Scope Live Animals and Animal Products
• Regulatory Authorities
• Joint Management Committee JMC

16
Veterinary Agreements Key Features

• Respect for Regionalisation
• Equivalence
• Status of Consultations continuing Trade
• Verification, Info Exchange, Notification,
  Safeguards
• Outstanding Issues

17
EEA EC Agreement

• Originally AUT, SWE, FIN, CH, NOR, IS,
  Principality of Liechtenstein. Now less members,
  only NOR, IS.
• Opened in 1993 , Comprehensive
• NOR
• All Live Animals and Products
• Note no Customs Union
• IS
• only Fish and Fishery products, Aquaculture
  products and Fish meal
• Comprehensive if slow process, check Web site re
  law
• EFTA secretariat
• http//www.efta.int/content/legal-texts/eea/annexe
  s

18
ESA FVO equivalent

• Separate body to EFTA secretariat.
• Located in Brussels
• Mirrors the functions of FVO for MS
• Comprehensive covers all areas of inspection
• Carry out joint missions with FVO both
  directions within EU and EEA States
• Own Web site
• http//www.eftasurv.int/
• Produces recommendations for BIP list changes
• Latest list OJ L 208, 09.08.2007

19
Veterinary Agreement USA - EC

• Original Council Decision 1998/258/EC L 118,
  21.04.1998
• Regulatory Authorities fragmented Details Annex
  II
• USDA / APHIS for live animals, embryos
• USDA / FSIS for fresh meat , poultry meat
• FDA for Game meat, Dairy products and other foods
  
• Export trade from EU greater than the import
  trade
• Certification anomalies have caused problems
  Note seals are not specifically required on
  containers
• Discussions on many topics ongoing with
  recognition of Regionalisation key feature .

20
Veterinary Agreement New Zealand - EC

• Oldest, perhaps most well developed
• Variations in Procedures for BIPs
• Question mark over ID Checks
• Reduced frequency of Physical checks.
• Latest in CD 2006/854/EC OJ 338 5.12.2006 Annex
  VIII
• Fees out of date no agreement yet reached on
  updates, some BIPs operating at a loss
• A number of decisions on Certification
• Latest CD 2006/855/EC OJ 338 5.12.2006

21
Veterinary Agreement Canada EC

• Very successful agreement
• Are specific requirements for reduced scale of
  import procedures
• Latest CD 2005/306/EC OJ L98 16.4.2005
• 10 identity checks for POAO
• 10 identity checks semen embryos and ova
• Many problems with Sport caught Fish

22
Veterinary Agreement Switzerland CH EC

• Very comprehensive agreement, supplanted original
  Recommendation 1/2000 OJ L51, 21.02.2001
• Part of much larger agreement.
• Still under development and more legal changes
  Decisions needed.
• Aim is virtual integration with the EC
• Two BIPs being brought up to EC standards
• Free movement of live animals and animal products
  the aim
• Reciprocal carrying out of checks CH-EC proposed

23
Switzerland CH EC

• Council Decision 2002/309/EC OJ L114,21.02.2001
• 7 Agreements in total, Scientific and Technical
  Co-op
• Amended by JVC Decisions
• L 23/27 28.01.2004 Decision 2/2003 (2004/78 EC)
• L160/116 30.04.2004 Decision 1/2004 (2004/480/EC)
• L17/1 20.01.2005 Decision 2/2004 (2005/22/EC)
• L347/93 30.12.2005 Decision 1/2005 (2005/962/EC)
• L 32/91 06.02.2007 Decision 1/2006
• Procedures presently as follows

24
Chile - EC

• OJ L 352 30.12.2002
• No changes to import procedures
• Import checks set out in Annex VII
• Priority Sectors for equivalence to be
  recognised are set down.
• Mostly HC products
• In the early stages of development.

25
Little Country Agreements

• Andorra
• Similar to EEA but quite separate
• San Marino
• Very limited scope
• Faeroe Islands
• Individual agreement Amended.
• Liechtenstein
• Joined Switzerland

26

27
Andorra- EC

• Comprehensive agreement necessary for trade
• Andorra surrounded by EU
• No BIPs or border controls for movements
• Neighbouring MS carry out checks on behalf of
  Andorra on imports
• Most of the EU legislation relevant to
  Andorras industry has been adopted and
  transposed.
• Protocol 1997/606 the original Decision
• OJ L 148 06.06.1997
• Latest Decision 1/2005 OJ L 318 6.12.2005

28
San Marino - EC

• Limited agreement necessary for trade
• San Marino surrounded by EU
• No BIPs or border controls for movements
• Neighbouring MS carry out checks on behalf of
  Andorra on imports
• Targetted EU legislation relevant to Agri
  industry has been adopted and transposed.
• Interim Agreement on Trade L 359 09.12.1992
• Decision 1/94 ( 1949 413/EC of EC San Marino
  cooperation Committee L 238, 13.09.1994
• Gives legislation to be adopted by SM

29
Liechtenstein- EC

• Formerly in EEA agreement
• With drawn - now formally with CH

30
Faeroe Islands - EC

• Initially confined to fish and fishery products
  as with Iceland and the EC wool (trade with
  Scotland )
• One BIP has been developed and visited by FVO.
• Only applies to products at present
• Live animals imported from 3rd Cs must go through
  a BIP in a Member State usually DK.
• Basic Protocol 1999/1130 OJ L 305, 30.11.1999
• Council Decision 1999/778
• Main Decision 1/2001 (EC Faeroe Islands
  Committee)
• Amended by Decision 2/2005 (2006/13/EC
• OJ L 46 16.2.2001

31
Understanding Russia - EC

• Not an Agreement in the normal form
• Memorandum of Understanding
• Covers Veterinary exports to Russia
• Supplementary Annex on Transport of animal
  products to Russia and
• Transit of products through EU territory to
  Russia
• Russia has access to TRACES

32
Faeroe Islands - EC

• Initially confined to fish and fishery products
  as with Iceland and the EC wool (trade with
  Scotland )
• One BIP has been developed and visited by FVO.
• Only applies to products at present
• Live animals imported from 3rd Cs must go through
  a BIP in a Member State usually DK.
• Basic Protocol 1999/1130 OJ L 305, 30.11.1999
• Council Decision 1999/778
• Main Decision 1/2001 (EC Faeroe Islands
  Committee)
• Amended by Decision 2/2005 (2006/13/EC
• OJ L 46 16.2.2001

33
International Agreements

• The Future
• Possible expansion of agreements to include
  other major trading partners
• Far East
• South America
• TRACES development and use in third countries .
  What of Veterinary checks ?

34
What do the Member States want ?
Review of Directives Better information
gathering, collation and retrieval in TRACES,
RASFF More Risk based checks More Flexibility
or more rigidity
35
International Agreements

• World Scene

The End