UNDERSTANDING SANITARY & PHYTOSANITARY (SPS) AGREEMENT FOR A BETTER AGRIBUSINESS IN CARIBBEAN COUNTRIES. STAGE II
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TRANSPARENCY IN ACTION
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
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Table of contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Module Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Learning-Oriented Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 UNIT I. IMPLEMENTATION OF TRANSPARENCY OBLIGATIONS ESTABLISHED IN THE SPS AGREEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Learning objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 I.1. Overview of the implementation of transparency provisions . . . . . . . . . . . . . . . 6 I.2. Operation of enquiry points and notification authorities . . . . . . . . . . . . . . . . . . . 7 Summary of Unit I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 UNIT II. PRACTICAL RECOMMENDATIONS FOR ENHANCING TRANSPARENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Learning objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 II.1. IICA Handbook . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 II.2. New Zealand procedural step-by-step manual . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 II.3. Regional Experiences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 II.3.1. Argentina . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 II.3.2. Chile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Summary of Unit II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
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Introduction Transparency obligations are set forth in the SPS Agreement and they may be grouped into three sets of obligations: Notify draft and adopted SPS measures under certain circumstances, and to identify a single central government notification authority to be responsible for the notification requirements of the SPS Agreement. Publish all SPS measures. Establish an enquiry point responsible for answering queries from other WTO Members about its SPS measures and related issues. Pursuant to Annex B, paragraph 10, of the SPS Agreement, WTO Members shall designate a single central government authority as responsible for the implementation, at the national level, of provisions concerning notification procedures. The notification authority is responsible for: Ensuring proposed SPS regulations are published early, to allow for comments. Notifying other WTO Members, through the WTO Secretariat, of proposed regulations, using the appropriate notification forms.
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Providing copies of proposed regulations on request. Ensuring that comments are handled correctly. In addition, we have learnt what to notify, when to notify and how to notify. The enquiry point system was created to allow WTO Members to easily obtain information about SPS and related issues, without having to identify and directly contact the agency responsible for any given function in another country. The Enquiry Point (ENQ) is the contact point to which any relevant enquiry can be made. It has the responsibility of obtaining the answers from the relevant national bodies and replying to the WTO Member making the enquiry. Paragraph 3 of Annex B of the SPS Agreement is the main provision on the establishment and attribution of Enquiry Points. According to this paragraph, ENQ are required to respond to all reasonable enquiries from other WTO Members and to provide relevant documents regarding: Any sanitary or phytosanitary regulations adopted or proposed within the territory of the WTO Member. Any control and inspection procedures, production and quarantine treatment, pesticide tolerance and food additive approval procedures, which are operated within the territory of the WTO Member. Risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanitary or phytosanitary protection.
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In Module 4, we will describe some positive experiences regarding the establishment of NNA or ENQ as well as provide some suggestions that local authorities could consider to implement in order to enhance the functioning of their NNA or ENQ.
Module Objectives Overview the level of implementation of transparency obligations, taking into account the level of development of WTO Members. Evaluate the main necessities identified by WTO members in order to strengthen the observance of transparency rules. In this regards, we will identify positive experiences in order to “inspire� other countries.
Learning-Oriented Questions Which is the degree of observance of transparency rules? Which are the main drivers behind the implementation? What shall my country do in order to guarantee a more accurate observance of multilateral rules?
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UNIT I
IMPLEMENTATION OF TRANSPARENCY OBLIGATIONS ESTABLISHED IN THE SPS AGREEMENT
Learning Objectives 6
Overview the level of implementation of transparency obligations and specially the main features regarding notifications, in order to gain knowledge on the current situation for the identification of those items where there is room for improvement. Understand which the main topics are regarding the effective operation of NNA and ENQ in order to get full advantage of them. Understand which are the main concerns regarding their operation in order to find possible solutions to improve their functioning.
I.1. Overview of the implementation of transparency provisions The document G/SPS/GEN/804/Rev.5, elaborated by the WTO Secretariat, provides an overview regarding the level of implementation of the transparency obligations found in the SPS Agreement (Article 7 and Annex B) and of the Committee’s Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (G/SPS/7/Rev.3. For more updated information on the implementation of the transparency obligations please consult the latest revision of the mentioned document.
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I.2. Operation of enquiry points and notification authorities According to the information provided by WTO Members in a response to a questionnaire elaborated by the Secretariat (compiled in G/SPS/GEN/751/REV.1), the main issues of interests regarding the effective operation of NNA and ENQ are: There is a strong preference for enhanced interaction among ENQ and NNAs for the purpose of exchanging information and experiences more regularly and directly. There is a strong interest in improving the services of ENQ and NNAs, both in submitting notifications and in managing and responding to incoming notifications. Respondents underline the need to raise awareness regarding the benefits as well as obligations arising from transparency provisions, both at the political level and with the private sector. Some respondents point to difficulties and delays in obtaining full texts or summaries of notified measures and would like to see the development of a procedure that might address this problem. About a third of ENQ do not seem to be informed regularly of the development or adoption of international standards at Codex, the IPPC or the OIE.
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SUMMARY OF UNIT I The document G/SPS/GEN/804/Rev.5, elaborated by the WTO Secretariat, provides an overview regarding the level of implementation of the transparency obligations found in the SPS Agreement (Article 7 and Annex B) and of the Committee’s Recommended Procedures for Implementing the Transparency Obligations of the SPS Agreement (G/SPS/7/Rev.3). The most relevant issues and conclusions resulting from this report are: As of 15 September 2012: 144 WTO Members out of 157, i.e. four more than last year, had designated an “SPS Notification Authority”. Those which have not include seven least developed countries (LDCs) and six developing countries. 151 WTO Members out of 157, i.e. four more than the previous year, had provided the WTO with the contact information of their Enquiry Point. Those which have not include four LDCs and two developing countries
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A total of 14,550 notifications were submitted to the WTO from 1 January 1995 to 15 September 2012. As can be seen in Figure 1, there has been a general upward trend in the number of notifications over the years, with the total number of notifications reaching a peak of 1,436 in the year 2010. According to the information provided by WTO Members in a response to a questionnaire elaborated by the Secretariat (compiled in G/SPS/GEN/751/Rev.1), the main issues of interests regarding the effective operation of NNA and ENQ are: There is a strong preference for enhanced interaction among ENQ and NNAs for the purpose of exchanging information and experiences more regularly and directly. There is a strong interest in improving the services of ENQ and NNAs, both in submitting notifications and in managing and responding to incoming notifications Respondents underline the need to raise awareness regarding the benefits as well as obligations arising from transparency provisions, both at the political level and with the private sector Some respondents point to difficulties and delays in obtaining full texts or summaries of notified measures and would like to see the development of a procedure that might address this problem. About a third of ENQ do not seem to be informed regularly of the development or adoption of international standards at Codex, the IPPC or the OIE.
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UNIT II
PRACTICAL RECOMMENDATIONS FOR ENHANCING TRANSPARENCY
Learning Objectives Gain knowledge on useful variables that can be used in order to assess the operation of existing notification procedures and in the identification of possible corrective measures to improve them. Identify key areas where there could be room for improvement: institutionalization, training, knowledge shearing, designation of contact points, interdisciplinary work and coordination with other Members. Take advantage of available resources on practical issues and recommendations that WTO countries may consider in order to improve the efficiency of their NNA and ENQ. Identify electronic tools that may help the management of SPS NNA for the strengthening of national capacity on SPS issues. Gain knowledge of other Members’ positive experiences in order to strengthen observance of transparency rules and identify useful tools that can be replicated.
II.1. IICA Handbook The Inter-American Institute for Cooperation on Agriculture (IICA) has elaborated a handbook containing some variables —by way of a questionnaire— that WTO Members could consider in making an internal assessment of their existing notification procedures, and subsequently determining the necessary corrective measures. This questionnaire should be answered in the most comprehensive, transparent and responsible manner possible, so that the results truly reflect the views of the individuals or institutions that are competent to form an opinion on this process.
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The questionnaire consists of three parts: the first contains some general questions on notification issues; the second includes specific questions about the presentation of notifications (fulfilment of obligations); and the third refers to the sending of comments to the notifications of other Members (exercise of rights). The Handbook also includes certain recommendation in order to enhance the fulfilment of transparency provisions. Institutionalization. One of the main weaknesses identified in most countries of the region is linked to two critical aspects: (i) a lack of coordination among the different actors with competence in SPS issues and (ii) the constant rotation of qualified staff responsible for SPS tasks. An interesting option to overcome the negative effects generated by both factors would be the creation of a National SPS Committee. The idea is not to generate inefficient bureaucratic structures, but rather to facilitate a space for open dialogue with all the stakeholders concerned, trying to maximize all available resources (human, financial, technical) and minimizing the risks implied by the rotation of SPS personnel, which creates major gaps in terms of participation, follow-up and monitoring of the SPS negotiations. The National SPS Committee, as a mechanism for dialogue, provides an appropriate framework, particularly for the identification of notifications that could affect the interests of the country’s exporters and also for articulating information required for drafting any relevant comments or claims. Training. The WTO disciplines on transparency are not a widely known subject, even to those with responsibilities in that area. Therefore, proper training is essential prior to designing any strategy for strengthening this aspect.
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A detailed knowledge of the WTO rules —and their implications— is the only way to make real progress in their implementation at the national level. In this regard, several training courses are available in the market, and it would be in the interest of those responsible for SPS issues to contact cooperation specialists (generally in the Ministries of Foreign Relations or Trade) to identify potential training options. Knowledge sharing. Another problem often encountered is the lack of willingness among some individuals or institutions to share information and knowledge. For this reason it is essential to ensure that those who receive training in multilateral disciplines have the obligation of replicating the training received in their respective countries/institutions. Basically, the idea is to train “trainers” who would play a leadership role in sharing knowledge Raising awareness. SPS issues at the international level are seldom given priority in the agendas of policymakers. Generally, short-term issues end up dominating and governments do not always allocate sufficient resources to enable technical staff to perform their tasks properly, which seriously affects the effective implementation of the notification provisions (rights and obligations). In this regard, coordinated efforts are required to make authorities aware of the importance of notification, while emphasizing the negative implications of not complying with their obligations or not exercising their rights. In many cases, immediately after such “awareness–raising” efforts take place, the necessary resources become available to comply with multilateral rules.
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Designation of contact points. Each country has broad powers to designate whichever body or agency it considers most appropriate as its SPS Contact Point.
For example, it could be a particular unit or department in one of the ministries responsible for external negotiations (Foreign Relations or Trade) or within the “technical” ministries (Agriculture, Livestock, Health, etc.). Although each one of these options has advantages and disadvantages, we recommend that contact points be operated by departments involved in international negotiations, but that are structurally dependent on “technical” ministries. This will facilitate closer and more fluid contacts with: (i) the standard-setting bodies that adopt SPS measures and (ii) thematic specialists —in food safety, animal and plant health— who will play a key role in analyzing the notifications received. Interdisciplinary work. One of the most important elements of the current international agenda is interdisciplinary work. The issues under consideration are increasingly complex and usually require coordinated efforts by people with different professional profiles (human/animal/plant health specialists, economists, diplomats, lawyers, etc.). It is, therefore, essential that the personnel responsible for these tasks have a clear professional background for this type of work, coupled with a great willingness to dialogue and to take account of aspects and elements that may be beyond the scope of their daily work. It is also important to define roles clearly (“each contributes his own”) and to promote open, frank and fluid dialogue so that everyone can understand each other. Coordinating actions with other Members. As mentioned previously, comments to notifications are usually dealt with on a bilateral context, with only the notifying Member and the observer Member participating in the process. One interesting option might be to coordinate actions in this regard, sharing the available information with other Members.
This could strengthen the process of raising a concern or issue, creating a larger critical mass and more solidly positioning the claims. It is not the same for a Member to raise an issue or concern in isolation, as for an issue to be raised by a larger group of countries.
II.2. New Zealand procedural step-by-step manual The Ministry of Agriculture and Forestry (MAF) of New Zealand has developed a Procedural Step-by-Step Manual for SPS NNA and ENQ that identifies several practical issues and recommendations that WTO countries may consider in order to improve the efficiency of their NNA and ENQ. The Manual deals in detail with the setting up and operation of enquiry points and notification authorities. While it may be especially useful for developing and least-developed countries (LDCs), it may also be a useful reference for countries that are acceding to the WTO and establishing notification authorities, as well as WTO Members in general. Below we detail some of the topics considered in the Manual.
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Explains how to establish an SPS NNA and SPS ENQ and the resources needed to operate them. It also describes the differences between the roles of the two offices as described in Article 7 and Annex B of the SPS Agreement. Recommends to establish a basic storage/records management structure. The structure can be used either for Electronic or hardcopy storage. Explains how to establish and manage an SPS e-mail box. Explains possible ways to process notifications done by other WTO Members, using the SPS Information Management System (IMS) (including the downloading of notifications). Explains how to initiate a request for further information and follow up notifications done by other WTO Members. Provides examples to determine when a notification is necessary; when it should be made; how to complete a notification (both ordinary and emergency notifications); etc. Explains how WTO Members may submit a notification using the SPS Notification Submission System (NSS). Provides guidance on how to handle comments made by other WTO to their notifications.
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II.3. Regional Experiences II.3.1. Argentina The NNA in Argentina is coordinated by the National Directorate for International Agri-food Relations of the Ministry of Agriculture, Livestock and Fisheries whereas the NNQ is coordinated by SENASA (National Animal Health and Agri-food Quality Service). In 2003, with the objective of providing support both to the NNA and the NNQ, the NATIONAL COMMISSION ON SANITARY AND PHYSTOSANITARY MEASURES was established as an inter-institutional body whose members represent the private and official sectors to strengthen: (1) observance of transparency obligations; (ii) exercise of the rights in this field and (iii) establishment of a negotiation agenda and national position on issues discussed at SPS/WTO Committee meetings. The members of the NATIONAL COMMISSION include: Secretariat of Agriculture, Livestock and Fisheries (SAGyP) through its various Undersecretariats.
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National Animal Health and Agri-food Quality Service (SENASA). Instituto Nacional de Alimentos (INAL) (National Food Institute). Instituto Nacional de Vitivinicultura (INV) (National Viticulture Institute). Instituto Nacional de Semillas (INASE) (National Seeds Institute). Secretariat of Foreign Trade. Ministry of Foreign Affairs and Worship. Focal Points in Argentina for: CODEX, Office International des Epizooties and International Plant Protection Convention. The private sector represented by trade associations and Sectoral and leadership entities. The NATIONAL COMMISSION meets at least once before and once after each SPS/ WTO Committee meeting and its specific functions include: Analysing the legal and technical consistency of the notifications submitted by the other WTO Members in light of the obligations included in the SPS/WTO Agreement and legislation issued by competent international organisations of the Agreement. In the case of discrepancy or doubt regarding notification of a draft national measure to the WTO, defining whether the notification is applicable or not. Identifying problems with exports of agri-food products originating from Argentina that merit a presentation at the WTO Committee on Sanitary and Phytosanitary Measures. Serving as a forum for exchanging opinions and agreeing on a national position regarding the topics included in the agenda of the WTO Committee on Sanitary and Phytosanitary Measures. Submitting reports, suggestions on courses of action or other pertinent analyses to the NNA. Performing a follow-up of the application of the principles of the SPS/WTO Agreement at a national level. The NATIONAL COMMISSION is coordinated by the head of the NNA and has the support of a Technical Coordination Office. The specific functions of this Coordination Office include: Serving as operational liaison between the WTO Secretariat and the NNA. Proposing that the NNA request a meeting of the National SPS Commission and the tentative agenda.
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Receiving notifications regarding draft national regulations of WTO members sent by the Secretariat. Distributing the notifications to the applicable official and private sectors for their analysis and possible comments. Developing reports on the most relevant trade-related notifications for consideration by the corresponding official and private sectors. Analysing the economic impact of the most relevant notifications on Argentine exports. Receiving comments or observations to the notifications received and remitting a report to the competent authority of the notifying Member. Analysing draft sanitary and phytosanitary measures which shall be approved by the Secretariat of Agriculture, Livestock and Fisheries (SAGyP) and the National Animal Health and Agri-food Quality Service (SENASA) and determining whether notification to the WTO is required. Submitting notifications on sanitary and phytosanitary measures adopted by Argentina to the WTO Secretariat.
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Analysing the topics included in the negotiation agenda of the WTO Committee on Sanitary and Phytosanitary Measures and developing proposals for consideration by the National SPS Commission. Coordinating actions with the Argentine Contact Point for the Agreement on Technical Barriers to Trade. Providing technical and logistical support for the meetings of the National SPS Commission. Articulating the positions of the agencies or offices in the negotiations of the WTO Committee on Sanitary and Phytosanitary Measures. Specifically regarding the procedures for notification of measures (or the draft measures), the work has been significantly strengthened by a systemic analysis of the proposals received and their possible impact on agri-food exports from Argentina. The collaboration between competent official and private players in this area is committed to identifying the proposals that hinder exports of our products and providing the necessary scientific bases if the restrictions are unjustified. Given that our country is export-oriented, this coordinated work is really significant because it prevents the establishment of sanitary or phytosanitary restrictions that constitute unjustified obstacles to international trade.
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II.3.2. Chile The national coordinating commission on sanitary and phytosanitary issues was established as provided for in decree no. 238 of march 02, 2001 of the chilean ministry of foreign affairs to establish the country’s national position on sanitary and phytosanitary issues without delay, allow efficient inter-ministerial work for specific trade negotiations and meet the commitments made by the country at multiple international fora without impinging on the authority of each institution in these areas. The functions of the commission are to complement the actions of the services and offices involved and strengthen their results to the benefit of the country, including: Endeavouring to comply with chile’s obligations before the wto committee on sanitary and phytosanitary measure in geneva. Coordinating efforts to harmonise political and technical criteria on sps issues at a national and international level. Coordinating and forwarding trade concerns of the countries that are affected by national sps legislation and those that have an impact on chilean exports. Establishing sps working agendas for trade missions on these issues. Coordinating national actions in existing sps committees for the corresponding trade agreements. Developing, in coordination with the competent agencies, national positions for international presentations. Coordinating, with competent agencies, the necessary work to develop the chapters on sps measures of bilateral and multilateral trade agreements.
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SUMMARY OF UNIT II The Inter-American Institute for Cooperation on Agriculture (IICA) has elaborated a handbook containing some variables —by way of a questionnaire— that WTO Members could consider in making an internal assessment of their existing notification procedures, and subsequently determining the necessary corrective measures. This questionnaire should be answered in the most comprehensive, transparent and responsible manner possible, so that the results truly reflect the views of the individuals or institutions that are competent to form an opinion on this process. Three national experiences we have reviewed in this Module. The Ministry of Agriculture and Forestry (MAF) of New Zealand has developed a Procedural Step-by-Step Manual for SPS NNA and ENQ that identifies several practical issues and recommendations that WTO countries may consider in order to improve the efficiency of their NNA and ENQ.
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The NNA in Argentina is coordinated by the National Directorate for International Agri-food Relations of the Ministry of Agriculture, Livestock and Fisheries whereas the NNQ is coordinated by SENASA (National Animal Health and Agri-food Quality Service). The National Coordinating Commission on Sanitary and Phytosanitary Issues was established as provided for in Decree No. 238 of March 02, 2001 of the Chilean Ministry of Foreign Affairs to establish the country’s national position on sanitary and phytosanitary issues without delay, allow efficient inter-ministerial work for specific trade negotiations and meet the commitments made by the country at multiple international fora without impinging on the authority of each Institution in these areas.
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Bibliography Legal Texts Agreement on the Application on Sanitary and Phytosanitary Measures (SPS), at http://www.wto.org/english/docs_e/legal_e/15sps_01_e.htm Main documents for consultation WTO Secretariat Document on the level of implementation of the transparency obligations found in the SPS Agreement (G/SPS/GEN/804/Rev.5), at https://docs.wto.org/dol2fe/Pages/FE_Search/DDFDocuments/40348/Q/G/SPS/ GEN804R5.pdf WTO´s Members Responses regarding to the effective operation of NNA and ENQ (compiled in G/SPS/GEN/751/REV.1), at https://docs.wto.org/dol2fe/Pages/FE_Search/DDFDocuments/58808/Q/G/SPS/ GEN751R1.pdf The Inter-American Institute for Cooperation on Agriculture (IICA) handbook on Audit Procedures for Notification of Sanitary and Phytosanitary measures, at http://repiica.iica.int/docs/B2088i/B2088i.pdf The Procedural Step-by-Step Manual for SPS NNA and ENQ developed by the Ministry of Agriculture and Forestry of New Zealand, at http://wto.org/english/res_e/booksp_e/sps_procedure_manual_e.pdf
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