Australian Quarantine Review Secretariat Australian Quarantine a shared responsibility

5.4.1 CITES

The Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) imposes obligations on signatories to protect certain endangered species. For example, it includes provisions to use controls on import and export permits to prevent over-exploitation of these species. The Australian Nature Conservation Agency is responsible for implementing Australia's obligations under CITES in concert with other Government agencies. In this regard, in 1993 AQIS developed a protocol for the successful importation of black rhinoceros from Africa after the Bureau of Resource Sciences reviewed the disease risks and how these could be managed. The merits of this initiative were highlighted by the birth of a male black rhinoceros at the Western Plains Zoo New South Wales in June 1996.

5.4.2 Biodiversity

The current Biosafety Protocol negotiation, under the auspices of the Convention on Biological Diversity ratified by Australia in June 1993 may have implications for Australia's quarantine arrangements. In particular, it could result in obligations relating to the safe transfer, handling and use of genetically modified organisms that could have an adverse impact on the natural environment. A Negotiating Group has been established by members to the Convention on this issue with the objective of completing its work by 1998.

Some submissions to the Review emphasised that, as a signatory to the Convention, Australia is obliged to protect its biodiversity. There were strong arguments that Australia should take a conservative approach to the implementation of agreements formulated under WTO by adopting the 'precautionary principle' as a legitimate objective under the SPS and TBT Agreements. This issue is discussed further in Section 7.4.6.
Other submissions argued that for Australia's quarantine system to be internationally credible it must include careful consideration of potential environmental impacts on World Heritage listed areas. There were further views expressed that Australia should take the opportunity offered by the precedent-setting phase of WTO to ensure Australia's ecological distinctiveness is acknowledged in all quarantine decision-making processes that might affect Australia's natural environment.

5.4.3 Other

By way of further illustration, Australia is also a signatory to the Convention on Wetlands of International Importance, to the United Nations Convention on the Law of the Sea, and to the Convention for the Protection of the Natural Resources and Environment of the South Pacific. These multilateral and regional agreements include an obligation to protect natural environments, including their flora and fauna. Thus there is a responsibility to ensure that import controls, including quarantine policies and procedures, are adequate to manage the threat of exotic pests and diseases that could damage such environments.

Apart from the international obligations arising from being a signatory to these international conventions, the Australian community is now demanding greater protection of its unique natural environment by responsible agencies, including Australia's quarantine service.

5.5 NATIONAL IMPACT

5.5.1 Industry and Community Concerns

In written submissions and at public hearings, several parties expressed concern that Government officials appeared to be working hard to meet international obligations — particularly relating to the facilitation of imports — at the perceived expense of protecting Australian industries from imported exotic pests and diseases. This sentiment was closely allied with the contention that Australia, by leading in the adoption of multilateral, regional and bilateral obligations, was putting its industry at a competitive disadvantage thus exacerbating the difficulties experienced by industry competing on an uneven international playing field.

However, membership of international organisations and participation in international arrangements confers both rights and obligations on Australia. As one individual's written submission aptly put it, 'open markets require open minds'. Australia has a reputation for pursuing a conservative approach to quarantine policy. However, this must not be interpreted as a protectionist policy. WTO members — most of which are also Australia's regional and bilateral trading partners — have established a clear direction that OIE, IPPC and Codex should lead a process of developing more objective and transparent trading criteria. Australia, as a signatory to WTO, has a responsibility and an obligation to support the OIE, IPPC and Codex initiatives and to comply with their agreed procedures and policies.
That is not to say that Australia should capitulate to unreasonable multilateral, regional or bilateral pressure that would put its human, animal or plant health status at risk. Australia has a sovereign right to ensure that its current human, animal and plant health status is at least maintained or preferably enhanced. Overseas authorities should appreciate fully Australia's specific quarantine concerns, just as Australia must respect those of its trading partners and neighbours. Australia is permitted internationally to take a conservative approach to quarantine, as long as this policy is scientifically based and consistently implemented.
Recommendation 24: The Review Committee recommends that Australia's international position on quarantine-related issues be based on objective scientific principles consistent with Australia's national quarantine goal.

5.5.2 Involvement of Stakeholders

In essence, Australian industry generally accepts that it is now part of the global community and must participate accordingly. What appears to be at the root of some industry concerns is the belief that international agreements on principles, disciplines, standards and specific market access arrangements are being developed and implemented by Government in the absence of meaningful industry consultation. Industry and the community want to be involved in the decisions that will affect their business operations and living standards.

There appears to be a need for greater involvement of stakeholders in the process of developing terms, conditions and definitions for use in international fora and market access arrangements that have a flow-on effect to Australia's human, animal and plant health policies. During the Uruguay Round of multilateral trade negotiations, the Department of Foreign Affairs and Trade and the Department of Primary Industries and Energy discussed with relevant peak industry bodies the development and refinement of Australia's position on agriculture in the negotiations. It would appear that not all of these peak industry bodies have kept grass-roots members apprised of developments as they occurred, nor have Government officials emphasised sufficiently the degree of consultation undertaken. To address this issue, the Review Committee believes that Quarantine Australia, in association with the Department of Foreign Affairs and Trade, should organise a series of industry seminars to explain the implications of the Uruguay Round, the SPS and TBT Agreements, the process of risk analysis and the expected long-term benefits of these to Australia. These seminars would form part of the overall community awareness program on quarantine discussed in Chapter 3 of this Report.
Industry and the community need to be reassured that policies adopted in international fora will not lead to unacceptable risks being taken with Australia's 'national assets'. Similarly, industry and the community must be reassured that the decisions taken also embrace Australia's people, flora and fauna and are not purely northern-hemisphere or trading-partner focused, and that Australia will not automatically adopt international standards that have been developed by countries where a pest or disease exotic to Australia is endemic. Furthermore, if international fora use principles, standards or definitions that are demonstrably contrary to Australia's interests, Australia should take the lead in seeking to rectify the situation. Industry and the community need to be reassured that, in discharging Australia's multilateral, regional and bilateral obligations, officials will take note of levels of compliance by other countries and be prepared, if necessary, to challenge blatant avoidance or evasion of international obligations by those countries. The Review Committee believes that Quarantine Australia should take full account of the wide range of community interests in the development of quarantine strategies, including issues to be advanced in international fora.
In its written and public submission to the Committee, the Australian Horse Council argued that Australia should take a lead role in developing the OIE Code on international horse diseases and push for the establishment of an equine group to update Code chapters on these diseases. More specifically, the Council argued that Australia's quarantine authorities should lobby the OIE to establish a permanent Working Party on the international movement of horses with terms of reference that include the review of Code chapters relating to diseases of horses. Similarly, Australia is free of many of the economically important diseases that affect aquatic animals in other parts of the world. The report of the National Task Force on Imported Fish and Fish Products notes that 'of the 11 diseases of aquatic animals in the OIE list of notifiable diseases, three are recorded in Australia, while of the 14 "other diseases", only four are nominally present in Australia. Conversely, many of the exotic pathogens of high quarantine importance for Australia, are not listed on either OIE or European Union lists' (NTFIFFP 1996). The report goes on to recommend that 'Australia request the OIE to modify aquatic animal disease lists to include diseases of significance to Australia'.
Such concerted action would aim to establish international standards and procedures that reflect Australia's equine and aquatic animal health status and hence not compromise this status in the world arena. These are specific examples of where cooperative consultation and active involvement between Quarantine Australia and its stakeholders could lead to an agreed leadership role for Australia in international fora — a leadership role strongly supported by industry and the community. The Review Committee is strongly of the view that registered stakeholders should be regularly informed, consulted and involved, where appropriate, in international discussions and negotiations that have quarantine significance (see Sections 3.3.2 and 3.3.5).

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