Australian Quarantine Review Secretariat Australian Quarantine a shared responsibility

Download 1.49 Mb.

Page	53/62
Date	05.05.2018
Size	1.49 Mb.
	#47737

1 ... 49 50 51 52 53 54 55 56 ... 62

6 CONCLUSIONS

Major conclusions arising from the contracted reports and other information summarised in this appendix are that:

· the number of incursions leading to the establishment of pests and diseases in Australia is more than 10 times greater for plants than for animals;
· there is little or no evidence for an increased rate of incursions leading to the establishment of pests and diseases of animals or plants over the past 25 years — although weeds appear to show an increasing rate of incursions over recent years;
· targeted monitoring and surveillance programs such as NAQS lead to demonstrable increases in both the number of detections and the rapidity of detection after incursions occur;
· there are significant gaps in knowledge of both the date and means of introduction of pest and disease incursions; and
· there has been very little investigation of the economic consequences of recent incursions of exotic pests and diseases affecting animals or plants, particularly in terms of their effect on the natural environment.
APPENDIX C: INTERNATIONAL OBLIGATIONS RELEVANT TO QUARANTINE
Several international agreements to which Australian is a signatory are relevant to human, animal and plant quarantine. This appendix provides short background summaries for those agreements most commonly referred to as influencing Australia's quarantine policies and obligations.

1 THE World Trade Organization and its Subsidiary Agreements

The Uruguay Round of the General Agreement on Tariffs and Trade culminated in the formation in January 1995 of the World Trade Organization (WTO). The WTO's role and scope is defined in an agreement, of which two annexes have particular relevance to quarantine — the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement); and the Agreement on Technical Barriers to Trade (TBT Agreement). At the end of July 1996, 123 countries were members of WTO.

The following summaries of the SPS and TBT Agreements are drawn from the actual text, but the full text of the agreements should be consulted for detailed and definitive information.

1.1 The Agreement on the Application of Sanitary and Phytosanitary Measures

The SPS Agreement defines the basic rights and obligations of member countries with respect to taking 'sanitary and phytosanitary measures' to protect human, animal or plant life or health. Members shall ensure their measures are based on an assessment of the risks to human, animal or plant life or health, 'taking into account risk assessment techniques developed by the relevant international organizations' — that is, the Office of International des Epizooties (OIE) for animals and the International Plant Protection Convention (IPPC) for plants.

The SPS Agreement defines nine principles governing sanitary and phytosanitary measures that may affect international trade:

· Basic rights and obligations (Article 2)

Members 'have the right to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health', provided that such measures are 'not inconsistent with' the agreement. Members shall ensure that any measure 'is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient scientific evidence' — except where 'relevant scientific evidence is insufficient' (in which case members 'shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time', as provided in Article 5, on risk assessment). In addition, 'Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail, including between their own territory and that of other Members. Sanitary and phytosanitary measures shall not be applied in a manner which would constitute a disguised restriction on international trade'.
· Harmonisation (Article 3)
Members 'shall base their sanitary and phytosanitary measures on international standards, guidelines or recommendations' but 'may introduce or maintain sanitary or phytosanitary measures which result in a higher level of sanitary and phytosanitary protection ... if there is a scientific justification, or as a consequence of the level of sanitary or phytosanitary protection a Member determines to be appropriate in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5' (on risk assessment).
· Equivalence (Article 4)
Members 'shall accept the sanitary or phytosanitary measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if the exporting Member objectively demonstrates ... that its measures achieve the importing Member's appropriate level of sanitary or phytosanitary protection'.
· Risk assessment (Article 5)
Article 5 (entitled 'assessment of risk and determination of the appropriate level of sanitary and phytosanitary protection') outlines Members' obligations with respect to risk assessment. Members 'shall ensure that their sanitary or phytosanitary measures are based on an assessment, as appropriate to the circumstances, of the risks to human, animal or plant life or health, taking into account risk assessment techniques developed by the relevant international organizations'. Members shall take into account relevant scientific evidence and relevant economic factors, and 'when determining the appropriate level of sanitary or phytosanitary protection, take into account the objective of minimizing negative trade effects'. In addition, to help achieve 'consistency in the application of the concept of appropriate level of sanitary or phytosanitary protection against risks to human life or health or to animal and plant life or health, each Member shall avoid arbitrary or unjustifiable distinctions in the levels it considers to be appropriate in different situations, if such distinctions result in discrimination or a disguised restriction on international trade'. Members shall ensure that 'measures are not more trade-restrictive than required to achieve their appropriate level of sanitary or phytosanitary protection, taking into account technical and economic feasibility'.
'In the assessment of risks, Members shall take into account available scientific evidence; relevant processes and production methods; relevant inspection, sampling and test methods; prevalence of specific diseases or pests; existence of pest- or disease-free areas; relevant ecological and environmental conditions; and quarantine or other treatment'. In addition, 'in assessing the risk to animal or plant life or health and determining the measure to be applied for achieving the appropriate level of sanitary or phytosanitary protection from such risk, Members shall take into account as relevant economic factors: the potential damage in terms of lost production or sales in the event of the entry, establishment or spread of a pest or disease; the costs of control or eradication in the territory of the importing Member; and the relative cost-effectiveness of alternative approaches to limiting risks'.
Paragraph 7 of Article 5 states that 'in cases where relevant scientific information is insufficient, a Member may provisionally adopt sanitary or phytosanitary measures on the basis of available pertinent information, including that from the relevant international organizations as well as from sanitary or phytosanitary measures applied by other Members. In such circumstances, Members shall seek to obtain the additional information necessary for a more objective assessment of risk and review the sanitary or phytosanitary measure accordingly within a reasonable period of time'.
· Regionalisation (Article 6)
Article 6 (entitled 'adaptation to regional conditions, including pest- or disease-free areas and areas of low pest or disease prevalence'), outlines Members' obligations with respect to regionalisation. Members 'shall ensure that their sanitary or phytosanitary measures are adapted to the sanitary or phytosanitary characteristics of the area — whether of all of a country, part of a country, or all or parts of several countries — from which the product originated and to which the product is destined'. Members shall 'recognize the concepts of pest- or disease-free areas and areas of low pest or disease prevalence', and 'determination of such areas shall be based on factors such as geography, ecosystems, epidemiological surveillance, and the effectiveness of sanitary or phytosanitary controls'. In addition, 'exporting Members claiming that areas within their territories are pest- or disease-free areas or areas of low pest or disease prevalence shall provide the necessary evidence thereof in order to objectively demonstrate to the importing Member that such areas are, and are likely to remain, pest- or disease-free areas or areas of low pest or disease prevalence, respectively'.
· Transparency (Article 7)
Members 'shall notify changes in their sanitary or phytosanitary measures' and shall provide information on them promptly through a designated 'enquiry point'.
· Control, inspection and approval procedures (Article 8)
Members shall observe specified provisions 'in the operation of control, inspection and approval procedures ... and ensure that their procedures are not inconsistent' with the provisions of this agreement.

· Technical assistance (Article 9)

Members 'agree to facilitate the provision of technical assistance to other Members, especially developing country Members ... to allow such countries to adjust to, and comply with, sanitary or phytosanitary measures necessary to achieve the appropriate level of sanitary or phytosanitary protection in their export markets'. In addition, 'where substantial investments are required in order for an exporting developing country Member to fulfil the sanitary or phytosanitary requirements of an importing Member, the latter shall consider providing such technical assistance as will permit the developing country Member to maintain and expand its market access opportunities for the product involved'.
· Special and differential treatment (Article 10)
Article 10 states that 'in the preparation and application of sanitary and phytosanitary measures, Members shall take account of the special needs of developing country Members, and in particular of the least-developed country Members', including phased introduction of measures where possible. In addition, developing country Members, 'upon request', may be granted 'specified, time-limited exemptions in whole or in part' from obligations under the agreement, 'taking into account their financial, trade and development needs'.

1.2 The Agreement on Technical Barriers to Trade

The TBT Agreement covers food standards that are not related to the protection of human health and safety against risks arising from additives, contaminants, toxins, disease-causing organisms, or diseases carried by animals. It thus encompasses rules intended to provide relevant information and to protect consumers against deception and fraud. Labelling and nutritional requirements come within the scope of the TBT Agreement.

Under the TBT Agreement, members shall ensure that products imported from one country are accorded treatment no less favourable than accorded to like products of national origin and to like products originating in any other country. Members shall also ensure that technical regulations are 'not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade'. Technical regulations shall be no more trade-restrictive than necessary to fulfil a legitimate objective, taking into account the risks non-fulfilment would create. Legitimate objectives specifically include: national security requirements; the prevention of deceptive practices; and the protection of human safety, animal or plant health or safety, or the environment.

Download 1.49 Mb.

Share with your friends:

1 ... 49 50 51 52 53 54 55 56 ... 62