ALICOM 99/23  |
| ALICOM 99/23 |
Conference on International Food Trade
|
Technical Assistance Needs of Developing Countries and Mechanisms to Provide Technical Assistance |
by |
Ing. Gonzalo Ríos K., Ministry of Agriculture, Chile |
IV. The Role of Technical Assistance
1. The new operating framework introduced by the World Trade Organization (WTO) in 1995 implied obligations for all countries, but also provided an opportunity for benefits.
2. All the member countries, including the less developed countries, will be expected to comply with all the obligations of the Agreement on Sanitary and Phytosanitary Measures from the year 2000, and ideally should be in a position to draw resulting benefits.
3. Technical assistance, in particular for developing countries, is therefore needed to prepare for this new environment. Developing countries must possess the expertise needed to affirm respective rights, especially the rights to Special and Differentiated Treatment, a concept clearly laid down in the WTO Agreements on Technical Barriers to Trade and Sanitary and Phytosanitary Measures.
4. Both Agreements rely heavily on the Codex Alimentarius as the scientifically-based reference for international standards on food including those for safety and quality.
5. In recent years the WTO, mainly through the Secretariat of its Committee on Sanitary and Phytosanitary Measures, and FAO, among others, have conducted extensive training on the SPS and TBT Agreements for the benefit of developing and least developed countries, at the same time getting to know the main difficulties encountered by those countries implementing the Agreements.
6. Second-phase action will focus on more specific issues of interest to countries and relate more directly to their needs.
7. The important work to date has highlighted the need to follow-up on training and to coordinate the work of the international organizations so as to consolidate and not duplicate their efforts and resources.
8. As regards training, the first step is to conduct a critical analysis at country level before drawing up a training programme, firstly involving institutions within the country and then, on the basis of the critical analysis, planning the support of specialized entities and/or bilaterally with countries with more experience in the field concerned.
9. A lack of internal communication and coordination has been noted in both developing and developed countries, with an inadequate exchange of opinions and experiences regarding sanitary and phytosanitary matters between relevant bodies and experts attending the international meetings of the SPS Committee, WTO, Codex Committees, the International Office of Epizootics and FAO's International Plant Protection Convention.
10. Horizontal cooperation could also be a useful support tool given the substantial differences in expertise on the content and application of the WTO Agreement on SPS in developing countries.
11. In a situation of globalization, trade liberalization and commitment to reduce tariffs and eliminate non-tariff barriers, sanitary and phytosanitary justifications could be used as a means of introducing measures that are more protectionist than if they were only concerned with safety and health. However, under the Agreements, such measures need to be scientifically based and preferably developed by recognized international bodies, such as the Codex Alimentarius Commission, the standards of which are scientifically sound and take into account risk analysis.
12. Until recently the differences in sanitary status between two neighbouring countries could be to the commercial advantage of one and not the other. The one whose products were acceptable on foreign markets because of its sanitary status benefited to the disadvantage of the other. Where such situations still exist, the difference now is that the advantaged country assists its neighbour to improve its sanitary status - in terms of pest and disease freedom - in the knowledge that it is to their mutual advantage when both are subjected to risk analysis by importing countries. The broadening of the safe area reduces pressure on the first country and provides comparable advantages to the second. This has happened with Chile's agreements with Argentina and Peru on controlling the fruit fly.
13. The sanitary and phytosanitary measures have enabled developing countries to access exacting markets and have helped them to retain market access when entry requirements have been changed, as witnessed by the large volume of Mexican products entering the US following the advent of NAFTA; the access of Chilean fruits and vegetables to Asian markets; Argentine beef sent to the US; and the European Union's decision to delay enforcement of its aflatoxin limits for selected commodities (groundnut, walnut, chestnut) and discuss the scientific rationale.
14. Such situations were more difficult to resolve before the Agreements, whereas we have now seen that solid reasoning can gain entry to hitherto illusory markets. It is very important therefore for developing countries to understand the Agreements properly.
15. Some developing countries have begun to play a prominent role in the Codex Alimentarius Commission and its committees, one reason being the establishment or revitalization of National Codex Committees with the broader participation of the many sectors involved in food production.
16. FAO has played an important support role in strengthening or establishing national committees through programmes that have included consultations and workshops.
17. Sanitary conditions in food production need to be maintained and raised, and standards need to be harmonized for international trade. Hence, the importance of distinguishing between measures that have science-based justification and trade practices that are more protectionist in nature.
18. A review of the SPS Agreement after being in effect three years has indicated that implementation needed to be improved in areas requiring high technical input, for example, risk analysis, regionalization, appropriate levels of protection, coherence, equivalence and harmonization. In particular, the Agreement needs to be better understood and more forcefully implemented. In view of the large number of developing countries involved, each with its own individual circumstances, technical assistance should be provided to each and shaped to meet those individual circumstances.
19. The following specific areas need to be better understood and implemented.
20. Progress in this area has been made at WTO level with most countries having communicated the identity of their notification and information services, but even this straightforward process took a long time.
21. Apart from identification, the notification and information services communicated to the WTO also need to be set up with resources, infrastructure, obligations and political support so that they may function properly and play an important role in the delivery of transparency.
22. Although countries have begun to issue notifications and the underlying mechanics of the process have gradually improved, some countries have still not fully engaged. Another problem is the limitation of time for comment, usually within 60 days.
23. Support and communication among countries is required to strengthen the way these institutions function, and electronic means should be used to hasten the sending of comments.
24. The whole comment process needs to be refined both in terms of processing comments received and formulating comments on other countries' standards.
25. The Codex Contact Points should step up their activity and circulate draft standards to a broader audience, possibly through the National Codex Committees or similar bodies.
26. Harmonization is especially important for developing countries as an international standard can facilitate or hamper market access. An international standard should have gone through a preparatory process before endorsement, involving the broad participation of interested parties. It should be science-based and totally unrelated to specific commercial interests.
27. Developing countries must therefore participate in the normative process by attending meetings and by using every opportunity to issue written comments or proposals. Participation will serve to put forward a country's position which should be carefully reasoned beforehand by national experts.
28. Countries should compare existing domestic standards with international standards and examine any differences for justification and appropriateness. If not already done, international standards should begin to be circulated among relevant national bodies in developing countries.
29. Also, with respect to their exports, developing countries could compare individual import requirements with international standards and seek justification if the former are more stringent.
30. Risk analysis is an area in which technical assistance, embracing methods of implementing, is greatly needed by developing countries.
31. A register of risk analysis experts should be kept, along with a database of the most successful results, with an emphasis on quality. This could include universities which would broaden the range of risk analysis experts available in each country.
32. Countries should discuss implementation of Equivalence Agreements. The Codex Draft Guidelines for the Development of Equivalence Agreements are in their final stage of approval as an international standard, the application and scope of which will have to be carefully prepared by the parties concerned.
33. Developing countries can easily query the justification for measures that run counter to their interests or can seek clarification using existing procedures or bodies, such as the WTO Committee on Sanitary and Phytosanitary Measures. It is essential, however, that individual countries clearly understand the Agreement if they are serious about upholding their rights.
34. The programmes of technical assistance and cooperation needed to implement the SPS Agreement in the American Hemisphere should be coordinated, and the experiences gained from the many distinct ad hoc actions undertaken should be shared.
35. Because of existing inequalities between countries, a training plan is required to bring them all to the same level of understanding of the SPS Agreement and its operation in practice. The plan should be coordinated to avoid duplication of effort, to maximize resource use and prioritize subject areas to be dealt with in different countries according to their needs. In the training, emphasis should first be placed on providing a comprehensive understanding of the Agreement followed by a penetrating study of specific aspects of the Agreement and how they apply in real situations. The adopted training plan should be subjected periodically to critical analysis and modifications as required. To assist the orderly and effective implementation of the training plan there should be a register of countries requiring assistance and what their needs are, together with a register of technical providers including countries, technical institutions and experts.
36. Meanwhile, the SPS Committee of WTO is continuing to set general principles and the international scientific organizations are continuing to draft standards, so it is vitally important that countries take the initiative in determining their technical assistance needs and programmes if they are to participate and be important movers in these bodies.
37. The following is a summary of the main requirements of countries of the American Hemisphere based on information gathered from sources such as the negotiations of the Group on Agriculture of the FTAA (Free Trade Area of the Americas), seminars organized by the Secretariat of the WTO Committee on Sanitary and Phytosanitary Measures, and bilateral cooperation meetings.
38. The important thing is to begin with the basics, that is, the production of safe food, which means that a primary requirement of developing countries is to examine and strengthen their sanitary services and programmes, particularly in the areas of protection, analysis, surveillance and, in general, the elimination, control or mitigation of sanitary problems and implementation of systems to evaluate risk of a particular sanitary hazard.
39. Once achieved, adequate sanitary status needs to be demonstrated and maintained. Integrated technical assistance must necessarily cover this in the case of many developing countries, which means developing or broadening application of the HACCP system and of good hygiene, manufacturing and agricultural practices to prevent or minimize risk. Technical experts and negotiators will have to be familiar with procedures, strategies and methodologies if they are to succeed in gaining recognition. More technical assistance will therefore have to be given to the inspection and certification systems that ensure the safety of food.
40. This is an area for which there is very high demand for technical assistance on the part of developing countries, involving information services, workshops, expert-supported practical applications and other actions that will enable governments to establish national risk analysis units.
41. In the face of this controversial subject in international fora, technical assistance is essential if developing countries are to be able to determine their appropriate levels of protection and adopt a coherent position in the various circles where sanitary policy decisions are made.
42. Although in general, much successful work has been done in this lifting awareness and understanding of the Agreements, the Agreements are not always fully understood in many developing countries which deprives them of an appreciation of the significant benefits associated with the Agreements. Therefore, related technical assistance should probably be based on the practical implementation of the Agreements, and on experience gained on their implementation since they came into effect in 1995.
43. The Codex programme has been in existence for a long time, and the global context in which it has been operating has been, and is, continually changing. The advent of the WTO, the adoption of Codex standards as preferred standards by the SPS Agreement, increasing globalization of food trade, greater sectoral participation - government, industry, consumers, etc. - in the food trade at national level has resulted in changes to Codex procedures and the adaptation of Codex activities to changing circumstances. This suggests that technical assistance to developing countries should focus partly on providing an understanding of Codex procedures and the strengthening of National Codex Committees through maximum positive participation by relevant national bodies and experts.
44. Support will need to be given to establishing WTO notification and information services in developing countries, as well as making sure that the services and the Codex contact points function properly in helping their respective countries to comply with requirements and obligations of the relevant Agreements, and also to gain from the information provided by the services and contact points in developed countries.
45. The domestic legislation of many developing countries is still not applied properly and the communication, cooperation and transparency of internal normative procedures need to be improved - another priority area for technical assistance.
46. Given the wide range of ability in developing countries in different subject areas, the first step generally should be to carry out a country analysis to determine its capabilities and needs. The latter should then be prioritized.
47. Information is needed about countries, institutions and experts and that could provide the required technical assistance. In addition information is required about technical assistance programmes run by international agencies. A tailored programme including potential providers of assistance can then be drawn up to address prioritized needs. The programme may then be implemented by drawing firstly on domestic expertise, then turning to other countries, including both developed and undeveloped, institutions, and experts, seeking to establish bilateral cooperation agreements with them.
48. The national programme must have a monitoring component and provide for progress assessments and a final evaluation. Programme reports should be drafted so that useful experiences can be relayed to other countries with similar needs.
49. Work should be undertaken with the countries of the region and in coordination with international and regional organizations so that a Programme of Regional Technical Assistance can be set up to deal with both areas of collective interest and areas of more specific country interest. There should be a process of systematic monitoring and mechanisms of evaluation so that the Programme of Regional Technical Assistance can be adjusted, refined or endorsed, as the case may be.
50. The suggested National Committees are those of the Codex Alimentarius, with a national commission and specific technical committees determined by the interests and needs of individual countries.
51. The National Committees need to be established or developed with broad sectoral representation, including the public sector, academia, producers, exporters, industry and consumers. They should have annual programmes of work with planning, monitoring and evaluation components, and have responsibilities and goals defined according to commitments.
52. Efforts should be made to raise the profile of each committee and highlight its achievements so that its important role may be known to the general public. This will also help it attract national funding.
53. Expertise is needed to establish government risk analysis units, involving the universities in risk assessment and in establishing formal communication and coordination links between the different services responsible for coherence in the formulation of a country's sanitary and phytosanitary measures.
54. Quantity risk analyses need to be developed to determine product entry and to demonstrate the minimal risk that the export of a given product could represent.
55. Training on and application of the Hazard Analysis and Critical Control Point (HACCP) system should be intensified because of its advantages in terms of preventing foodborne hazards and its contribution to the economy and marketing.
56. Good hygiene, manufacturing and agricultural practices need to be developed to facilitate bilateral evaluations of equivalence and the adoption of Equivalence Agreements.
57. Expertise is required to establish or reinforce the services notifying of sanitary and phytosanitary measures, to establish procedures for the reception and distribution of notifications from other countries, to facilitate and encourage comments from national sectors, to issue and promote notifications from countries and encourage comments in domestic and international circles.
58. Services providing information on sanitary and phytosanitary measures should be used for maximum benefit in areas such as risk analysis, regulations, etc. The articles and procedures set out in the SPS and TBT Agreements and the Codex Alimentarius should be clearly understood to maximize benefits and rights, and enhance a country's negotiating position in these fora and in negotiating bilateral agreements on the application of their underlying principles.
59. FAO, WTO and WHO should continue to support the developing countries through direct regional and national training, for example in the form of workshops and seminars, or by electronic means, focusing on appropriate levels of protection, risk analysis, improved sanitary conditions and the development of equivalence as their principal lines of action for the year 2000 and beyond.