SPSBCAR2 Module 3

UNDERSTANDING SANITARY & PHYTOSANITARY (SPS) AGREEMENT FOR A BETTER AGRIBUSINESS IN CARIBBEAN COUNTRIES. STAGE II

MODULE 3

CONTROL, INSPECTION AND APPROVAL PROCEDURES

COURSE AUTHOR Interamerican Development Bank (IDB) (www.iadb.org), through his Integration and Trade Sector (INT).

COURSE COORDINATOR Interamerican Development Bank (IDB) (www.iadb.org), through his Integration and Trade Sector (INT), the Institute for the Integration of Latin America and the Caribbean (INTAL) (www.iadb.org/es/intal), the Inter-American Institute for Economic and Social Development (INDES) (www.indes.org), the World Customs Organization (WCO) (www.wcoomd.org) and the General Secretariat of Central American Integration (SG-SICA) (http://www.sica.int/).

MODULE AUTHORS Clara Vidal, Lawyer. She is currently a senior analyst at the Office of Multilateral Affairs of the National Agribusiness International Relations, Ministry of Agriculture, Livestock and Fisheries of Argentina. Gustavo Idígoras, General Manager Business Issue Management (BIM).

PEDAGOGICAL AND EDITION COORDINATION The Inter-American Institute for Economic and Social Development (INDES) (www. indes.org), in collaboration with Fundación Centro de Educación a Distancia para el Desarrollo Económico y Tecnológico (CEDDET) (www.ceddet.org).

Copyright ©2016 Inter-American Development Bank. This work is licensed under a Creative Commons IGO 3.0 Attribution-NonCommercial-NoDerivatives (CC-IGO 3.0 BY-NC-ND) (http://creativecommons. org/licenses/by-nc-nd/3.0/igo/legalcode). This document is the intellectual property of the Inter-American Development Bank (IDB). Any partial or total reproduction of this document should be reported to: BIDINDES@iadb.org Any dispute related to the use of the works of the IDB that cannot be settled amicably shall be submitted to arbitration pursuant to the UNCITRAL rules. The use of the IDB’s name for any purpose other than for attribution, and the use of IDB’s logo shall be subject to a separate written license agreement between the IDB and the user and is not authorized as part of this CC-IGO license.

Note that the link provided above includes additional terms and conditions of the license.

The opinions expressed in this publication necessarily reflect the views of the Inter-American Development Bank, its Board of Directors, or the countries they represent.

These materials have been revised in light of the ministerial decisions taken in the framework of the 9th World Trade Organization Ministerial Conference held in Bali, Indonesia, in December 2013. The adjustments were made in order to reflect a higher alignment between the course topics and the priorities identified in Bali’s Ministerial Declaration and decisions, where all IDB members participated.

Bali Ministerial Declaration and Decisions

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

Table of contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Module Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 UNIDAD I. CONTROL, INSPECTION AND APPROVAL PROCEDURES. . . . . . . . . . . 6 I.1. The three sisters´s work on control, inspection and approval procedures . . . . 6 I.1.1. OIE Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I.1.2. IPPC standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 I.1.3. CODEX guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 I.2. Regional training options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Summary of Unit I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Complementary Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

Introduction The SPS Agreement provides disciplines for control, inspection and approval procedures, which are used by governments to check and ensure the fulfilment of SPS measures (Article 8 and Annex C of the SPS Agreement). Control, inspection and approval procedures include, inter alia, procedures for sampling, testing and certification, as indicated in the footnote 7 to Annex C: “Control, inspection and approval procedures include, inter alia, procedures for sampling, testing and certification”.

IMPORTANT NOTE The SPS Agreement does not present a definition of sampling, testing or certification procedures.

The basic requirement is that any such procedures shall be no less favourable for imported products than they are for like domestic goods, and shall be no more than that which is necessary to ensure compliance with regulations. This applies for time delays, information requirements, fees, sampling procedures, location of facilities, etc. It is Annex C, thus, which contains the detailed obligations of Members in this area. We have already examined Annex C in Module 2.

4

As we have mentioned before, Control, Inspection and Approval Procedures include a wide range of activities (e.g. sampling, testing, inspection and certification) and are sometimes also referred to as “conformity assessment” procedures. They are, thus the procedures that are used to check whether a product meets the set of SPS requirements.

The various control, inspection and approval procedures may be linked. For instance, testing may form part of inspection and inspection and testing results may be used to support certification.

The SPS Agreement contains no relevant definitions of the types of procedures used for control, approval and inspection purposes. However, for pedagogical purposes, we would like to introduce you to some of the definitions found in dictionaries and in the work of the relevant international organizations, namely the Codex Alimentarius Commission, the Food and Agriculture Organization (FAO), the International Plant Protection Convention (IPPC) and the World Organization for Animal Health (OIE) which have developed extensive work in this field. The definitions may vary for the areas of human, animal or plant life or health, but their core principles remain the same.

While implementing control, inspection and approval procedures, Members have to observe the requirements contained Annex C, paragraph 1 (a) to (i). In order to better explain these requirements, we would propose to discuss them as related to four categories: Timing.

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

Transparency.

Information to be submitted.

Non-discrimination and avoidance of unnecessary obstacles to trade.

Firstly, we should note that a basic obligation of non-discrimination is prescribed in the second phrase of paragraph 1(a) of Annex C, which states: Members shall ensure, with respect to any procedure to check and ensure the fulfilment of SPS measures, that: a. Such procedures are undertaken and completed without undue delay and in no less favourable manner for imported products than for like domestic products.

This obligation of national treatment should guide the overall conduct of Members in the implementation of Annex C of the SPS Agreement.

Module Objectives To acknowledge further information on international standards on control, inspection and approval procedures.

To gain insight into Latin America and Caribbean experiences with conformity assessment, control, inspection and approval procedures.

5

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

UNIT I

CONTROL, INSPECTION AND APPROVAL PROCEDURES

I.1. The three sisters’s work on control, inspection and approval procedures

6

I.1.1. OIE Guidelines OIE has been working in defining Control, Inspection and Approval Procedures. OIE has stated that the Veterinary Authority should have appropriate legislation and adequate capabilities to prescribe the methods for control and to exercise systematic control over the import and export processes of animals and animal products in so far as this control relates to sanitary and zoosanitary matters. The evaluation should also involve the consideration of administrative instructions to ensure the enforcement of importing country requirements during the pre-export period.

TIP For more information, you may visit the following OIE website: http://www.oie.int/en/international-standard-setting/terrestrial-code/ access-online/?htmfile=chapitre_1.3.2.htm In the context of production for export of foodstuffs of animal origin, the Veterinary Authority should demonstrate that comprehensive legislative provisions are available for the oversight by the relevant authorities of the hygienic process and to support official inspection systems of these commodities which function to standards consistent with or equivalent to relevant Codex Alimentarius and OIE standards.

Control systems should be in place which permits the exporting Veterinary Authority to approve export premises. The Veterinary Services should also be able to conduct

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

testing and treatment as well as to exercise controls over the movement, handling and storage of exports and to make inspections at any stage of the export process.

The product scope of this export legislation should include, inter alia, animals and animal products (including animal semen, ova and embryos), and animal feedstuffs.

The Veterinary Authority should be able to demonstrate that they have adequate capabilities and legislative support for zoosanitary control of imports and transit of animals, animal products and other materials which may introduce animal diseases.

This could be necessary to support claims by the Veterinary Services that the animal health status of the country is suitably stable, and that cross-contamination of exports from imports of unknown or less favourable zoosanitary status is unlikely. The same considerations should apply in respect of veterinary control of public health.

The Veterinary Services should be able to demonstrate that there is no conflict of interest when certifying veterinarians are performing official duties.

Legislation should also provide the right to deny or withdraw official certification.

Penalty provisions applying to malpractice on the part of certifying officials should be included.

The Veterinary Services should demonstrate that they are capable of providing accurate and valid certification for exports of animals and animal products, based on Chapters 5.1. and 5.2 from OIE. They should have appropriately organized procedures which ensure that sanitary or animal health certificates are issued by efficient and secure methods. The documentation control system should be able to correlate reliably the certification details with the relevant export consignments and with any inspections to which the consignments were subjected.

Security in the export certification process, including electronic documentation transfer, is important. A system of independent compliance review is desirable, to safeguard against fraud in certification by officials and by private individuals or corporations. The certifying veterinarian should have no conflict of interest in the commercial aspects of the animals or animal product being certified and be independent from the commercial parties.

RECALL OIE has developed an interesting tool in order to evaluate the performance of a national Veterinary Service. This Program is call PVS. The “OIE Tool for the Evaluation of Performance of Veterinary Services” (the OIE PVS Tool) is the basis for evaluating performance against the international standards published in the Terrestrial Animal Health Code. A similar tool is available for the evaluation of Aquatic Animal Health Services.

The OIE PVS Pathway http://www.oie.int/en/support-to-oie-members/ pvs-pathway/ is a global programme for the sustainable improvement of a country’s Veterinary Services’ compliance with OIE standards on the quality of Veterinary Services.

7

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

This is an important foundation for improving animal and public health and enhancing compliance with SPS standards, at the national, regional and international level. It should be remembered that the activities of the Veterinary Services are a global public good and are consequently eligible for appropriate national, regional or international public funding support.

To support these goals, there is a crucial need for appropriate legislation in the animal health and welfare field and its strict implementation through appropriate human and financial resources dedicated to national animal health and welfare systems allowing, in principle, for: (i) early detection of disease incursions, transparency and notification; (ii) rapid response to animal disease outbreaks and implementation of biosecurity and bio-containment measures; (iii) compensation strategies to indemnify animal owners hit by outbreaks; and (iv) vaccination, as appropriate.

Good governance of animal health systems based on a close public/private partnership is the responsibility of all governments. If one country fails, it may endanger its neighbouring countries, the region, the continent and potentially the entire planet.

8

Only OIE certified PVS experts can carry out independent external PVS Evaluations of country Veterinary Services and PVS Gap Analysis. They have undergone training sessions organised by the OIE and funded by donors to the OIE World Fund. All experts use standard tools, indicators and Experts’ Manuals, prepared and published by the OIE Headquarters, which also include template reports.

I.1.2. IPPC standards The responsibilities of a national plant protection organization include “the inspection of consignments of plants and plant products moving in international traffic and, where appropriate, the inspection of other regulated articles, particularly with the object of preventing the introduction and/or spread of pests” (Article IV.2(c) of the IPPC).

ISPM 23 Guidelines for inspection This standard was adopted by the Seventh Session of the Interim Commission on Phytosanitary Measures in April 2005. This standard describes procedures for the inspection of consignments of plants, plant products and other regulated articles at import and export. It is focused on the determination of compliance with phytosanitary regulations, based on visual examination, documentary checks, and identity and integrity checks.

The objective of inspection of consignments is to confirm compliance with import or export requirements relating to quarantine pests or regulated non-quarantine pests.

It often serves to verify the effectiveness of other phytosanitary measures taken at a previous stage in time.

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

An export inspection is used to ensure that the consignment meets the phytosanitary import requirements of the importing country at the time of inspection. An export inspection of a consignment may result in the issuance of a phytosanitary certificate for the consignment in question.

Inspection at import is used to verify compliance with phytosanitary import requirements. Inspection may also be carried out generally for the detection of organisms for which the phytosanitary risk has not yet been determined.

The collection of samples for laboratory testing or the verification of pest identity may be combined with the inspection procedure.

Inspection can be used as a risk management procedure.

IPPC set up that the main objective of a “phytosanitary import regulatory system” is to prevent the introduction of quarantine pests or limit the entry of regulated non-quarantine pests with imported commodities and other regulated articles. A phytosanitary import regulatory system should consist of two components: a regulatory framework of phytosanitary legislation, phytosanitary regulations and phytosanitary procedures; and an official service, the NPPO, responsible for operation or oversight of the system. The legal framework should include legal authority for the national plant protection organization (NPPO) to carry out its duties; phytosanitary measures with which imported commodities should comply; other phytosanitary measures (including prohibitions) concerning imported commodities and other regulated articles; and phytosanitary actions that may be taken when incidents of non-compliance or incidents requiring emergency action are detected. It may include phytosanitary measures concerning consignments in transit.

In operating a phytosanitary import regulatory system, the NPPO has a number of responsibilities. These include the responsibilities identified in Article IV.2 of the IPPC relating to import including surveillance, inspection, disinfestation or disinfection, the conduct of pest risk analysis, and training and development of staff.

These responsibilities involve related functions in areas such as administration; audit and compliance checking; action taken on non-compliance; emergency action; authorization of personnel; and settlement of disputes. In addition, contracting parties may assign to NPPOs other responsibilities, such as regulatory development and modification. NPPO resources are needed to carry out these responsibilities and functions.

There are also requirements for international and national liaison, documentation, communication and review.

IPPC developed ISPM 20 “Guidelines for a phytosanitary import regulatory system” The objective of a phytosanitary import regulatory system is to prevent the introduction of quarantine pests or limit the entry of regulated non-quarantine pests (RNQPs) with imported commodities and other regulated articles.

The sampling methodologies used by NPPOs in selecting samples for the inspection of consignments of commodities moving in international trade are based on a number of sampling concepts. These include parameters such as acceptance level, level

9

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

of detection, confidence level, efficacy of detection and sample size.

The application of statistically based methods, such as simple random sampling, systematic sampling, stratified sampling, sequential sampling or cluster sampling, provides results with a statistical confidence level. Other sampling methods that are not statistically based, such as convenience sampling, haphazard sampling or selective sampling, may provide valid results in determining the presence or absence of a regulated pest(s) but no statistical inference can be made on their basis. Operational limitations will have an effect on the practicality of sampling under one or another method.

In using sampling methodologies, NPPOs accept some degree of risk that non-conforming lots may not be detected. Inspection using statistically based methods can provide results with a certain level of confidence only and cannot prove the absence of a pest from a consignment.

ISPM 31 “Guidelines for Methodologies for sampling a consignment�. This standard provides guidance to national plant protection organizations (NPPOs) in selecting appropriate sampling methodologies for inspection or testing of consignments to verify compliance with phytosanitary requirements. This standard does not give guidance on field sampling (for example, as required for surveys).

10

This standard provides the statistical basis for, and complements, ISPM 20:2004 and ISPM 23:2005. Inspection of consignments of regulated articles moving in trade is an essential tool for the management of pest risks and is the most frequently used phytosanitary procedure worldwide to determine if pests are present and/or the compliance with phytosanitary import requirements.

It is usually not feasible to inspect entire consignments, so phytosanitary inspection is performed mainly on samples obtained from a consignment. It is noted that the sampling concepts presented in this standard may also apply to other phytosanitary procedures, notably selection of units for testing.

Sampling of plants, plant products and other regulated articles may occur prior to export, at the point of import, or other points as determined by NPPOs. It is important that sampling procedures established and used by NPPOs are documented and transparent, and take into account the principle of minimum impact (ISPM 1:2006), particularly because inspection based on sampling may lead to the refusal to issue a phytosanitary certificate, refusal of entry, or treatment or destruction of a consignment or part of a consignment.

Sampling methodologies used by NPPOs will depend on the sampling objectives (for example, sampling for testing) and may be solely statistically based or developed noting particular operational constraints. Methodologies developed to achieve the sampling objectives, within operational constraints, may not yield the same statistical confidence levels in the results as fully statistically based methods, but such methods may still give valid results depending on the desired sampling objective. If the sole purpose of sampling is to increase the chance of finding a pest, selective or targeted sampling is also valid.

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

I.1.3. CODEX guidelines CODEX consider that official and officially recognized inspection and certification systems are fundamentally important and very widely used means of food control systems.

The confidence of consumers in the safety and quality of their food supply depends in part on their perception as to the effectiveness of these systems as food control measures. A substantial part of the worldwide trade in food depends upon the use of inspection and certification systems. Following the FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade in 1991, the Codex Alimentarius Commission undertook the development of guidance documents for governments and other interested parties on food import and export inspection and certification systems.

This fifth edition includes texts adopted by the Codex Alimentarius Commission up to 2011. ftp://ftp.fao.org/codex/Publications/Booklets/Inspection/CCFICS_2012_EN.pdf This Guidance document states that inspection of food may occur at any stage in the production and distribution process. For some foods, inspection oversight of harvesting, processing, storage, transport, and other handling of product may be the most appropriate means of ensuring food safety.

According to the methods of preservation used, it may be necessary to maintain inspection oversight on a continuous basis up to the time of retail sale. Inspection systems may be focused on the foodstuffs themselves, on the procedures and facilities employed in the production and distribution chain, on the substance and materials which can be incorporated into or contaminate foodstuffs.

Inspection should be carried out at the most appropriate stages (e.g. control of refrigeration at every stage of the cold chain). For some requirements, e.g. those pertaining to product description, it may be possible to limit inspection to the distribution process and prior to final sale.

In both design and use, food inspection and certification systems should be governed by a number of principles which will ensure an optimal outcome consistent with consumer protection and facilitation of trade.

Codex set up a list of principles to be considered on food inspection Food inspection and certification systems should be used wherever appropriate to ensure that foods, and their production systems, meet requirements in order to protect consumers against foodborne hazards and deceptive marketing practices and to facilitate trade on the basis of accurate product description.

FITNESS FOR PURPOSE Inspection and certification systems should be fully effective in achieving their designated objectives having regard to the determination of the acceptable level of protection which is required.

11

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

Inspection and certification systems should be fully effective in achieving their designated objectives having regard to the determination of the acceptable level of protection which is required.

Risk assessment Inspection systems to ensure food safety should be designed and operated on the basis of objective risk assessment appropriate to the circumstances. Preferably the risk assessment methodology employed should be consistent with internationally accepted approaches. Risk assessment should be based on current available scientific evidence.

Inspection systems should be applied to particular commodities and processing methods in proportion to the assessed risks. In undertaking a risk assessment or in applying the principles of equivalence, importing countries should give due consideration to statements by exporting countries on a national or area basis of freedom from food-related disease.

Non-discrimination Countries should ensure that they avoid arbitrary or unjustifiable distinctions in the level of risk deemed to be appropriate in different circumstances so as to avoid discrimination or a disguised restriction on trade.

12

Efficiency Inspection and certification systems should have adequate means to perform their task. In the choice of inspection and certification systems, there should be regard to costs to consumers and to the costs in money and time to the affected food industry and government consulting with interested bodies as appropriate.

Such systems should be no more restrictive of trade than is necessary in order to achieve the required level of protection.

Harmonization Member countries should use Codex standards, recommendations and guidelines (or those of other international organizations whose membership is open to all countries) whenever appropriate as elements of their inspection and certification systems. Countries should participate actively in the work of the Codex Alimentarius Commission and other relevant international bodies to promote and facilitate the development, adoption and review of Codex norms.

Equivalence Countries should recognise that different inspection/certification systems may be capable of meeting the same objective, and are therefore equivalent. The obligation to demonstrate equivalence rests with the exporting country.

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

Transparency While respecting legitimate concerns to preserve confidentiality, the principles and operations of food inspection and certification systems should be open to scrutiny by consumers and their representative organizations, and other interested parties.

Importing countries should provide information on existing requirements and proposed changes to requirements should be published and, except in the case of serious and immediate danger, an adequate time period permitted for comment. The views of exporting countries, and particularly those received from developing countries, should be taken into account in taking a final decision. A reasonable period should be allowed before a new requirement takes effect in order to permit exporting countries, and in particular developing countries, to make necessary changes to methods of production and control measures.

Importing countries should make available to the exporting countries, upon request, timely advice as to the basis of the decision they have taken regarding the compliance of foods with their relevant requirements.

Upon request by the competent authorities of the importing countries, the exporting countries should provide access to view and assess the actual working of their relevant inspection and certification systems.

Special and differential treatment In the design and application of food inspection and certification systems, importing countries should take into account of the capabilities of developing countries to provide the necessary safeguards.

Control and inspection procedures Importing countries should complete without undue delay any procedures necessary to assess compliance with requirements. Information requirements and any fees imposed by importing countries should be limited to what is reasonable and necessary.

Certification validity Countries that certify exports of food and those importing countries which rely on export certificates should take measures to assure the validity of certification. Validation measures by exporting countries may include achieving confidence that official or officially recognized inspections systems have verified that the product or process referred to in the certificate conforms with requirements.

13

Understanding SPS Agreement for a better Agribusiness‌ Stage II

MODULE 3

FOR MORE INFORMATION ON CODEX STANDARDS RELATED TO THIS TOPIC YOU MAY BE INTERESTING TO VISIT THE FOLLOWING RULES (http://www.codexalimentarius.org/standards/list-of-standards/) PRINCIPLES FOR FOOD IMPORT AND EXPORT INSPECTION AND CERTIFICATION (CAC/GL 20-1995) Principles for food import and export inspection and certification (CAC/GL 20-1995) Guidelines for food import control systems (CAC/GL 47-2003) Guidelines for the design, operation, assessment and accreditation of food import and export inspection and certification systems (CAC/ GL 26-1997) Guidelines for the development of equivalence agreements regarding food import and export inspection and certification systems (CAC/GL 34-1999) Guidelines on the judgement of equivalence of sanitary measures associated with food inspection and certification systems (CAC/GL 532003)

14

Guidelines for design, production, issuance and use of generic official certificates (CAC/GL 38-2001) Principles and guidelines for the exchange of information in food safety emergency situations (CAC/GL 19-1995) Guidelines for the exchange of information between countries on rejections of imported food (CAC/GL 25-1997) Principles for traceability/product tracing as a tool within a food inspection and certification system (CAC/GL60-2006)

I.2. Regional training options At regional level, there are some experiences to be implemented sooner organized

by IICA with the support of STDF. The first experience is related to the establishment of the First Regional Virtual Food Inspection School in the Americas, to train food inspectors in areas of knowledge necessary to conduct inspections based on risk and thus enhances the safety of the food supply.

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

The objectives of this project are: To form a supporting International Advisory Group constituted by universities and food safety control agencies from the United States, Spain, Mexico, Central America, and Argentina.

To promote the concept of a virtual food inspection school throughout the region and ensure the adherence to the project by local universities.

To design the Project for the establishment of the virtual school.

This project should be ready by the end of 2013. For the current status you may visit: http://www.standardsfacility.org/Files/Project_documents/Project_Grants/STDF_ PG_344%20ProgressReportNo1_Dec-12.pdf At the same time, IICA at Uruguay Office, is developing a similar project but at an early stage, related to the establishment of a Regional Virtual Phytosanitary Inspection School (for more information please visit SAIA program at: http://www.iica.int/Esp/ regiones/sur/uruguay/Paginas/SAIA/SanidadAgropecuariaInocuidadAlimentos.aspx In June 2012, WTO and IDB have organized a Regional Workshop on SPS Measures at Santiago de Chili. The outcomes of this Regional Workshop can be found at: http://events.iadb.org/calendar/eventDetail.aspx?lang=en&id=3457&.

In 2012, STDF, IDB and publish a report called: “Public-Private Partnerships to enhance SPS capacity: What can we learn from this collaborative approach?”

This document was prepared in follow-up to an STDF workshop on “Public-Private Partnerships (PPPs) in Support of SPS Capacity”, organized in collaboration with the Ministry of Agriculture, Nature and Food Quality (currently the Ministry of Economic Affairs, Agriculture and Innovation), The Netherlands and the World Bank Institute. It is based on desk research and consultations with representatives of government agencies and the private sector involved in PPPs in different parts of the world, including a series of face-to-face interviews in selected countries in Latin America. This document represents an initial effort to compile and analyse experiences with PPPs in the SPS area, with particular focus on Latin America and the Caribbean, and to identify and disseminate some of the key lessons learned.

More rigorous work to identify and assess PPPs in the SPS area, particularly from Africa, Asia and the Pacific and other regions, and to measure their impacts would be useful.

This publication analyses the emergence, operation and performance of selected SPS-related partnerships between government agencies responsible for food safety, animal and plant health and/or trade and the private sector. It has been prepared by the Standards and Trade Development Facility (STDF) and the Inter-American Development Bank (IDB) to raise awareness about the potential value and role of PPPs in enhancing SPS capacity and to provide practical guidance to facilitate and promote PPPs for SPS capacity development. The aim is to identify and disseminate pertinent experiences and lessons that could be replicated to improve the development and

15

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

performance of partnerships to enhance SPS capacity in the future. It is expected that this work will be of particular use to authorities responsible for food safety, animal and plant health in developing countries, as well as private sector experts involved in the agriculture sector, who are interested to develop new PPPs or enhance the operation and performance of existing ones.

SUMMARY OF UNIT I The SPS Agreement provides disciplines for control, inspection and approval procedures, which are used by governments to check and ensure the fulfilment of SPS measures (Article 8 and Annex C of the SPS Agreement). Control, inspection and approval procedures include, inter alia, procedures for sampling, testing and certification, as indicated in the footnote 7 to Annex C: “Control, inspection and approval procedures include, inter alia, procedures for sampling, testing and certification.”

The SPS Agreement does not present a definition of sampling, testing or certification procedures.

16

OIE has been working in defining Control, Inspection and Approval Procedures. OIE has stated that the Veterinary Authority should have appropriate legislation and adequate capabilities to prescribe the methods for control and to exercise systematic control over the import and export processes of animals and animal products in so far as this control relates to sanitary and zoosanitary matters. The evaluation should also involve the consideration of administrative instructions to ensure the enforcement of importing country requirements during the pre-export period.

IPPC set up that the responsibilities of a national plant protection organization include “the inspection of consignments of plants and plant products moving in international traffic and, where appropriate, the inspection of other regulated articles, particularly with the object of preventing the introduction and/or spread of pests” (Article IV.2(c) of the IPPC).

ISPM 23 Guidelines for inspection standard was adopted by the Seventh Session of the Interim Commission on Phytosanitary Measures in April 2005. This standard describes procedures for the inspection of consignments of plants, plant products and other regulated articles at import and export. It is focused on the determination of compliance with phytosanitary regulations, based on visual examination, documentary checks, and identity and integrity checks.

IPPC also developed ISPM 20 “Guidelines for a phytosanitary import regulatory system” The objective of a phytosanitary import regulatory system is to prevent the introduction of quarantine pests or limit the entry of regulated non-quarantine pests (RNQPs) with imported commodities and other regulated articles.

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

In addition, IPPC agreed to implement ISPM 31 “Guidelines for Methodologies for sampling a consignment”. This standard provides guidance to national plant protection organizations (NPPOs) in selecting appropriate sampling methodologies for inspection or testing of consignments to verify compliance with phytosanitary requirements.

This standard does not give guidance on field sampling (for example, as required for surveys).

CODEX consider that official and officially recognized inspection and certification systems are fundamentally important and very widely used means of food control systems. The confidence of consumers in the safety and quality of their food supply depends in part on their perception as to the effectiveness of these systems as food control measures. A substantial part of the worldwide trade in food depends upon the use of inspection and certification systems. Following the FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade in 1991, the Codex Alimentarius Commission undertook the development of guidance documents for governments and other interested parties on food import and export inspection and certification systems.

This fifth edition includes texts adopted by the Codex Alimentarius Commission up to 2011. ftp://ftp.fao.org/codex/Publications/Booklets/ Inspection/CCFICS_2012_EN.pdf At regional level, there are some experiences to be implemented sooner organized by IICA with the support of STDF. The first experience is related to the establishment of the First Regional Virtual Food Inspection School in the Americas, to train food inspectors in areas of knowledge necessary to conduct inspections based on risk and thus enhances the safety of the food supply.

The objectives of this project are: To form a supporting International Advisory Group constituted by universities and food safety control agencies from the United States, Spain, Mexico, Central America, and Argentina.

To promote the concept of a virtual food inspection school throughout the region and ensure the adherence to the project by local universities.

To design the Project for the establishment of the virtual school.

This project should be ready by the end of 2013. For the current status you may visit: http://www.standardsfacility.org/Files/Project_documents/ Project_Grants/STDF_PG_344%20ProgressReportNo1_Dec-12.pdf At the same time, IICA at Uruguay Office, is developing a similar project but at an early stage, related to the establishment of a Regional Virtual Phytosanitary Inspection School (for more information please visit SAIA program at: http://www.iica.int/Esp/regiones/sur/uruguay/ Paginas/SAIA/SanidadAgropecuariaInocuidadAlimentos.aspx

17

Understanding SPS Agreement for a better Agribusiness… Stage II

MODULE 3

Complementary Material You can check the training activities and other forms of cooperation offered by them at the links below: ORGANIZATIONS OMC

FAO/Codex

WEBSITE http://www.wto.org/english/res_e/d_learn_e/d_learn_e. htm http://www.fao.org/food/food-safety-quality/capacity-development/en/ http://www.fao.org/food/food-safety-quality/capacity-development/participation-codex/codex-course/en/

World Health Organization http://www.who.int/foodsafety/capacity/en/

18

OIE

http://www.oie.int

IPPC

http://www.ippc.int

STDF

http://www.standardsfacility.org/en/index.htm

JITAP (for selected African Countries)

http://www.jitap.org

IF (for selected LDC)

www.integratedframework.org

OTHER ORGANIZATIONS

WEBSITE

Inter-American Institute for Cooperation in Agriculture

http://www.iica.int/Eng/Pages/default.aspx

OCDE

http://www.oecd.org

International Trade Centre http://www.intracen.org UNCTAD

http://www.unctad.org

ISO

http://www.iso.org/iso/home/about.htm http://www.iso.org/iso/home/about/training-technical-assistance.htm

UNIDO

http://www.unido.org/doc/25393

World Bank

http://www.worldbank.org