Market Access Guide
January 2012
IPPC Secretariat,
Food and Agriculture Organization of the United Nations,
Viale delle Terme di Caracalla,
Rome, 00153
Italy
This paper presents a market access guide as a component of the National Phytosanitary Capacity Building Strategy 2010 adopted by the Commission on Phytosanitary Measures of the International Plant Protection Convention. The work represented herein has been prepared and reviewed by contracting parties, regional plant protection organizations, donors, international organizations and phytosanitary experts from seven FAO regions. It is consistent with the agreed definition of National Phytosanitary Capacity and the CPM adopted strategy.
Table of Contents
Table of Contents
Acronyms
Definitions
1.Purpose of a guide to market access negotiations for NPPOs
2.Rights and Obligations – the regulatory framework
2.1The World Trade Organisation
2.1.1Overview
2.1.2The multilateral trading system
2.1.3The Agreement on Agriculture
2.2 The Sanitary and Phytosanitary (SPS) Agreement
2.2.1Overview
2.2.2Rights and obligations
2.3The International Plant Protection Convention
2.3.1Overview
2.3.2IPPC Governance
2.3.3National Plant Protection Organisations (NPPOs)
2.3.4Regional Plant Protection Organisations (RPPOs)
2.4International Standards for Phytosanitary Measures (ISPMs)
2.4.1Overview
3Achieving market access – a practical guide
3.1Components of a market access proposal
3.2A team approach
3.3Gathering information and compiling a dossier
3.4Preparation and submission of a market access proposal
3.5Consultation between parties
3.6Evaluation of the proposal by the importing country
3.6.1Introduction
3.6.2Overview of the PRA process
3.6.3Stages of a PRA
3.6.4Gathering information
3.6.5Documenting the process
3.6.6Risk communication
3.7Consideration of the risk analysis results
3.8Researching scientific, technical and economic issues
3.9Engaging in bilateral negotiations
3.10Review by visiting delegations to the exporting country
3.11Confirmation of the terms of trade
3.12Commencement of trade
4. Maintaining trade
4.1Compliance with the terms of trade
4.2Reviewing and amending the terms of trade
4.3Settlement of disputes
Acronyms
CPM / Commission on Phytosanitary MeasuresFAO / Food and Agriculture Organization of the United Nations
IPPC / International Plant Protection Convention
ISPM / International Standard for Phytosanitary Measures
NPPO / National Plant Protection Organization
PRA / Pest Risk Analysis
RPPO / Regional Plant Protection Organization
SPS / WTO Agreement on the Application of Sanitary and Phytosanitary Measures
WTO / World Trade Organization of the United Nations
Definitions
area / An officially defined country, part of a country or all or parts of several countries.commodity / A type of plant, plant product, or other article being moved for trade or other purpose.
country of origin / Country where the plants from which the plant products are derived were grown.
endangered area / An area where ecological factors favour the establishment of a pest whose presence in the area will result in economically important loss.
entry / Movement through a point of entry into an area
establishment (of a pest) / Perpetuation for the foreseeable future, of a pest within an area after entry.
equivalence / The situation where, for a specified pest risk, different phytosanitary measures achieve a contracting party’s appropriate level of protection.
measure (phytosanitary) / Any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of quarantine pests, or to limit the economic impact of regulated non-quarantine pests.
harmonization / The establishment, recognition and application by different countries of phytosanitary measures based on common standards.
International Standard for Phytosanitary Measures / An international standard adopted by the Conference of FAO or the Commission of Phytosanitary Measures, established under the IPPC.
introduction (of a pest) / The entry of a pest resulting in its establishment
non-quarantine pest / Pest that is not a quarantine pest for an area
official control / The active enforcement of mandatory phytosanitary regulations and the application of mandatory phytosanitary procedures with the objective of eradication or containment of quarantine pests or the management of regulated non-quarantine pests.
pathway / Any means that allows the entry or spread of a pest.
pest risk analysis / The process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it.
pest risk assessment
(for quarantine pests) / Evaluation of the probability of the introduction and spread of a pest and the associated potential economic consequences.
pest risk management
(for quarantine pests) / Evaluation and selection of options to reduce the risk of introduction and spread of a pest.
plants / Living plants and parts thereof, including seeds and germplasm.
plant products / Unmanufactured material of plant origin (including grain) and those manufactured products that, by their nature or that of their processing, may create a risk for the introduction and spread of pests.
pest risk / The probability of introduction and spread of a pest and the magnitude of the associated potential economic consequences.
pest risk management / Evaluation and selection of options to reduce the risk of introduction and spread of a pest.
PRA area / area in relation to which a pest risk analysis is conducted.
spread of a pest / Expansion of the geographical distribution of a pest within an area.
Transparency / The principle of making available, at the international level, phytosanitary measures and their rationale.
1.Purpose of a guide to market access negotiations for NPPOs
In today’s global environment of increasing population, industrialisation, globalisation, advanced transportation and outsourcing, international trade is on a strong upward trend and agricultural products including food for human and animal consumption are now sourced from many different areas and countries of the world. Also planting material for propagation is increasingly transported between countries for reasons of food security and the establishment of sustainable forests, as well as for recreational and ornamental purposes.
Along with increased international trade in plants and plant products comes the increased risk of the introduction and spread of pests and diseases harmful to native and introduced plant species. The challenge for quarantine officials and plant health experts in any country is to facilitate international movement of people, goods and services while ensuring that national biosecurity is not compromised.
From a plant health perspective, anything that can provide the means by which a pest can cross international boundaries attracts the attention of national authorities responsible for protecting the health of plants and the environment within their territories.
Gaining market access in such an environment can be a challenging prospect for any country seeking new markets for their agricultural products.
In today’s climate of diminishing resources, it is unlikely that any quarantine administration has the staff and other resources to permit the intensive inspection of 100% of arriving passengers, plants and plant products at the national border. And clearly, zero risk is unattainable. As a result today’s trend is towards the utilisation of risk-based principles of risk assessment, management and communication involving a multilayered, pro-active approach rather that sole reliance on border inspection.
The purpose of the guide is to describe a pathway that can be followed to gain market access with least hindrance to trade but at the same time preventing the spread of pests and diseases into new areas.
The guide covers the following areas:
- rights and obligations as they apply to trade in plants and plant products
- a practical guide to achieving market access
- maintaining trade
While there are many traded goods that can be the means by which pests cross international boundaries, this guide focuses on plants and plant products traded commercially in international markets (grains, seeds, fruits, vegetables, cut flowers, etc.) that are most commonly at the centre of market access negotiations. Throughout the text they will be referred to simply as the ‘commodity’, which is consistent with the glossary of phytosanitary terms (ISPM 5. 2010) that defines a commodity as a type of plant, plant product or other article being moved for trade or other purpose. It will not specifically consider plants and plant products that are genetically modified, are biological control agents or are other beneficial organisms, although the principles covered in this guide will have broad application. Specific information on these groups can be found in international standards for phytosanitary measures, including ISPM No. 3 (2005) and ISPM No. 11(2004).
The country seeking access will be referred to as ‘the country of origin’, and the country to which access is sought will be referred to as ‘ the destination country’.
2.Rights and Obligations – the regulatory framework
2.1The World Trade Organisation[1]
2.1.1Overview
The regulatory framework that governs international trade comes under the broad umbrella of the World Trade Organisation (WTO) that was established in 1995 as a forum for governments to negotiate trade agreements, to facilitate trade between countries and to reduce impediments to trade. It is the only global international organization dealing with the rules of trade between nations. The goal of the WTO is to help producers of goods and services, exporters, and importers conduct their business. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible.
The WTO’s overriding objective is to help trade flow smoothly, freely, fairly and predictably.
It does this by:
- Administering WTO trade agreements
- Acting as a forum for trade negotiations
- Handling trade disputes
- Monitoring national trade policies
- Technical assistance and training for developing countries
- Cooperation with other international organizations
The WTO is the successor to the General Agreement of Tariffs and Trade (GATT) that was established in the wake of the Second World War. After the war, countries recognised the need for negotiating lower customs duty rates and other trade barriers to facilitate trade in goods. GATT was the forum for these negotiations and the text of the General Agreement spelled out important rules, including those relating to non-discrimination.
The GATT is comprised of negotiations that were held between 1947 and 1994, and the resulting trading system from these negotiations is referred to as the General Agreement on Tariffs and Trade or GATT.
Significantly, the Uruguay Round of negotiations held between 1986 and 1994 created the WTO that now has about 150 members and accounts for about 95% of world trade. About 30 other countries are negotiating access.
The WTO’s rules – the agreements – are the result of negotiations between the member countries. Importantly, decisions are made by the entire membership, typically by consensus. The current set of agreements is comprised of the outcomes of the 1986-94 negotiations, called the Uruguay Round, which included a major revision of the original General Agreement on Tariffs and Trade (GATT).
Over three quarters of WTO members are developing or least-developed countries. All WTO Agreements contain special provision for them, including longer time periods to implement agreements and commitments, measures to increase their trading opportunities and support to help them build the infrastructure for WTO work, handle disputes, and implement technical standards.
Technical assistance and training provided by the WTO for developing and least-developed countries, includes around 100 technical cooperation missions to developing countries annually. The WTO also holds on average three trade policy courses each year in Geneva for government officials. Regional seminars are held regularly in all regions of the world with a special emphasis on African countries. Training courses are also organized in Geneva for officials from countries in transition from central planning to market economies.
The WTO has set up reference centres in over 100 trade ministries and regional organizations in capitals of developing and least-developed countries, providing computers and internet access to enable ministry officials to keep abreast of events in the WTO in Geneva through online access to the WTO’s immense database of official documents and other material. Efforts are also being made to help countries that do not have permanent representatives in Geneva.
Since 1995, the updated GATT has become the WTO’s umbrella agreement for trade in goods. It has annexes dealing with specific sectors such as agriculture and textiles, and with specific issues such as state trading, product standards, subsidies and actions taken against dumping.
GATT is now the WTO’s principal rule-book for trade in goods. The Uruguay Round also created new rules for dealing with trade in services, relevant aspects of intellectual property, dispute settlement, and trade policy reviews. The complete set runs to some 30,000 pages consisting of about 30 agreements and separate commitments (called schedules) made by individual members in specific areas such as lower customs duty rates and services.
At the heart of the system – known as the multilateral trading system – are the WTO’s agreements, negotiated and signed by a large majority of the world’s trading nations, and ratified by their parliaments. These agreements are the legal ground-rules for international commerce. Essentially, they are contracts, guaranteeing member countries important trade rights. They also bind governments to keep their trade policies within agreed limits to everybody’s benefit.
2.1.2The multilateral trading system
Through agreements, WTO members operate a non-discriminatory trading system that spells out their rights and their obligations. Each country receives guarantees that its exports will be treated fairly and consistently in other countries’ markets. Each promises to do the same for imports into its own market. The system also gives developing countries some flexibility in implementing their commitments.
The system’s overriding purpose is to help trade flow as freely as possible — so long as there are no undesirable side effects — because this is important for economic development and well-being. That partly means removing obstacles. It also means ensuring that individuals, companies and governments know what the trade rules are around the world, and giving them the confidence that there will be no sudden changes of policy. In other words, the rules have to be ‘transparent’ and predictable.
Where trade disputes arise, the WTO offers a procedure for resolving trade quarrels under the Dispute Settlement Understanding that is vital for enforcing the rules and therefore for ensuring that trade flows smoothly. Countries bring disputes to the WTO if they think their rights under the agreements are being infringed. Judgements by specially-appointed independent experts are based on interpretations of the agreements and individual countries’ commitments.
The dispute settlement system encourages countries to settle their differences through consultation. Failing that, they can follow a carefully mapped out, stage-by-stage procedure that includes the possibility of a ruling by a panel of experts, and the chance to appeal the ruling on legal grounds. Confidence in the system is borne out by the number of cases brought to the WTO – around 300 cases in eight years compared to the 300 disputes dealt with during the entire life of GATT (1947-94).
The WTO has also adopted a Trade Policy Review Mechanism with the purpose of improving transparency, and creating a greater understanding of the policies that countries are adopting, and to assess their impact. Many members also see the reviews as constructive feedback on their policies.
All WTO members must undergo periodic scrutiny, each review containing reports by the country concerned and the WTO Secretariat.
While the original GATT applied to agricultural trade, it contained loopholes in allowing countries to use some non-tariff measures such as import quotas, and to subsidize. Agricultural trade became highly distorted, especially with the use of export subsidies, which would not normally be allowed for industrial products. To ensure fairer markets for farmers the Uruguay Round produced the first multilateral agreement dedicated to the agricultural sector. It was a significant first step towards order, fair competition and a less distorted sector.
2.1.3The Agreement on Agriculture
The Uruguay Round of the trade negotiations resulted in four main elements of the Agreement on Agriculture:
- The Agreement on Agriculture itself;
- the concessions and commitments Members are to undertake on market access, domestic support and export subsidies;
- the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement); and
- the Ministerial Decision concerning Least-Developed and Net Food-Importing Developing countries.
Overall, the results of the negotiations provide a framework for the long-term reform of agricultural trade and domestic policies over the years to come. It makes a decisive move towards the objective of increased market orientation in agricultural trade. The rules governing agricultural trade are strengthened which will lead to improved predictability and stability for importing and exporting countries alike.
The Uruguay Round agreement included a commitment to continue the reform through new negotiations. These negotiations, as required by the Agriculture Agreement were launched in 2000, and the 2001 Ministerial Conference in Doha set out tasks, including negotiations, for a wide range of issues concerning developing countries. Some people call the new negotiations the Doha Development Round.
2.2 The Sanitary and Phytosanitary (SPS) Agreement
2.2.1 Overview
The WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement; WTO, 1994) is an agreement on how governments can apply food safety and animal and plant health measures while facilitating trade.
With regard to plant health, the SPS Agreement allows countries to set their own standards to protect their economy or environment from damage due to the entry, establishment or spread of pests of plants. At the same time it encourages them to use international standards, guidelines and recommendations, where they exist, when developing their sanitary and phytosanitary measures (Article 3 of the SPS Agreement).
The SPS Agreement also states that measures must be science-based and not used for the purpose of trade protection. It requires that phytosanitary measures be based on an assessment of the risk to human, animal or plant health, taking into account risk assessment techniques developed by the relevant international organisations, and that they should be technically justified.