UNNExT Workshop on Electronic Exchange of SPS Certificates for Better Trade Control and Facilitation October 2015 Wuhan, China

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UNNExT Workshop on Electronic Exchange of SPS Certificates for Better Trade Control and Facilitation 21-22 October 2015 Wuhan, China

Standards and Trade Development Facility Reforming SPS systems : Challenges and opportunities Kenza Le Mentec Electronic exchange of SPS certificates for better trade control and facilitation (APTFF, Wuhan, China) 21-22 October 2015

Outline What is the STDF? What does the STDF do? Implementing safe trade: Context SPS Agreement Relevant provisions Research in Southeast Asia and Southern Africa: How are SPS measures implemented in practice? Examples of SPS-related procedural obstacles to trade Key conclusions of STDF research High-level panel during Aid for Trade Global Review The opportunity Experiences from developing countries Implementing SPS electronic certification: Potential challenges Relevant ongoing and future STDF work

What is the STDF? A partnership of 5 international organizations (OIE, FAO, WB, WHO, WTO) Donors Observer organizations Developing country experts Secretariat hosted by the WTO Decision making process: Operational: Working Group (2 meetings/year) Strategic: Policy Committee (1 meeting every other year)

What does the STDF do? Coordination mechanism among providers of SPS technical cooperation to strengthen coherence, avoid duplication and enhance results Knowledge platform for sharing experiences, identification and dissemination of good practice, discussion of crosscutting topics Funding for development and implementation of projects that support compliance with international SPS requirements to gain and maintain market access

Implementing Safe Trade: Context Trade costs in agriculture much higher than in manufacturing, affecting competitiveness (WB, AfT at a Glance - 2015) Outdated border procedures and red tape greater barrier to trade than tariffs (WB, ITC, etc.) Performance gap between health/sps agencies and others Lower performing countries: Much more physical inspection Longer import / export lead times 30% 25% 20% 15% 10% 5% 0% Private sector % rate of satisfaction with selected border agencies (bottom quintile respondents)* 2010 2012 2014 Customs Quality and Standards Health/SPS Source: World Bank Logistics Performance Index

SPS Agreement Recognizing the right to protect human, animal, plant life or health Avoiding unnecessary barriers to trade Facilitate safe trade 7

Relevant provisions Least trade-restrictive measure to reach appropriate level of protection (Article 5.6) Transparency (Article 7 and Annex B) Control, inspection and approval procedures (Article 8 and Annex C)

Research in Southeast Asia and Southern Africa: How are SPS measures implemented in practice? Focus on SPS controls for specific products (and Article 8/Annex C of SPS Agreement) Are there transaction costs that can be reduced without compromising health objectives? What are good practices to ensure health protection, while minimizing transaction costs? No direct link to WTO TFA but opportunity to enhance dialogue and leverage additional funds to improve SPS border management

Examples of SPS-related procedural obstacles to trade Challenges Complex and lengthy procedures Excessive document requirements Limited information Multiple inspections Little coordination between border agencies No complaints / appeal procedures Arbitrariness, unpredictability Consequences More controls than justifiable Longer than necessary waiting times Uncertainty Increased costs for traders, sometimes also for government

Key conclusions of STDF research SPS measures may result in justifiable transaction costs based on the need to protect health BUT Ineffective and inefficient SPS controls result in poor health protection and disrupt trade more than necessary

High-level panel during Aid for Trade Global Review (Geneva, July 2015)* How can robust, science- and risk-based SPS controls be married with trade facilitation? Is it possible to effectively ensure health protection, while reducing SPS trade costs? How? Podcast available at: https://www.wto.org/audio/2015_06_30_session3_gr5_panel_discussion.mp3

The opportunity Enhance health protection and reduce costs (win-win) through better implementation of SPS Agreement: Streamline / simplify regulations Implement risk-based approaches Improve transparency Increase harmonization with international (Codex, IPPC, OIE) standards Improve coordination among SPS agencies and with Customs

Experiences from developing countries New STDF Film: Safe Trade Solutions* How are developing countries in other regions rising up to the challenge? Better coordination between SPS agencies and with Customs Streamlined controls Joint inspections More transparency Integrating SPS controls in national single windows * See: http://www.standardsfacility.org/video-gallery and https://www.youtube.com/watch?v=eww1msewaok

Implementing SPS electronic certification: Potential challenges Need to change legislative and institutional set-up Lack of political will (financial resources, sustainability) Lack of expertise in SPS institutions in operating electronic systems (need for capacity building) Lack of essential prerequisites (database of official requirements, database of operators, etc.) Lack of IT equipment Need for enhanced coordination among SPS agencies Possible vested interests Lengthy negotiations on transmission protocols (limited use of the system, low return on investment)

Relevant ongoing and future STDF work STDF Project in Azerbaijan (STDF/PG/316) STDF Project on e-phyto (STDF/PG/504) Global workshop on SPS electronic certification : state of play and experiences (July 2016, Geneva)

For more information Standards and Trade Development Facility World Trade Organization Rue de Lausanne 154 CH-1211 Geneva Switzerland STDFSecretariat@wto.org www.standardsfacility.org Subscribe to STDF electronic list and download STDF publications