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Regulations, Norms and Private Standards 5 REGULATIONS, NORMS AND PRIVATE STANDARDS Following the example of the other training manuals produced by COLEACP PIP programme, training manual 5 has been designed and written by the PIP Training Unit of the programme. Christine Moreira, PIP expert, is the author of all chapters, except chapter 3 on private standards written by Jérémy Knops, PIP expert. PIP is a European cooperation programme managed by COLEACP. COLEACP is an interna- tional network promoting sustainable horticultural trade. PIP is fi nanced by the European Union and implemented at the request of the ACP (Africa, Caribbean and Pacifi c) Group of States. In accordance with the Millennium Development Goals, the global objective is to : «Maintain and, if possible, increase the contribution made by export horticulture to the reduction of poverty in ACP countries». This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of PIP and COLEACP and can in no way be taken to refl ect the views of the European Union. PIP c/o COLEACP 130, rue du Trône • B-1050 Brussels • Belgium Tel : +32 (0)2 508 10 90 • Fax : +32 (0)2 514 06 32 E-mail : [email protected] www.coleacp.org/pip REGULATIONS, NORMS AND PRIVATE STANDARDS Chapter 1: Regulations governing food safety, animal and plant health 1.1. International food safety policy 1.2. Regulations governing food safety 1.3. Regulations governing plant health 1.4. Regulations governing biological contaminants 1.5. Regulations governing organic production Chapter 2: Commercial quality and labelling of fruits and vegetables 2.1. International and European quality standards governing fruit and vegetables 2.2. Regulations governing the surface treatment of fruit and vegetables 2.3. Regulations governing the labelling of agricultural products Appendix: Summary table on standardisation Chapter 3: Private standards 3.1. Introduction 3.2. Origin and categories of private voluntary standards 3.3. Identification of the main private voluntary standards 3.4. Implications of private voluntary standards for the ACP fruit and vegetable sector Chapter 4: Pesticide and biocide regulations 4.1. Background 4.2. The new European legislative framework 4.3. Directive 2009/128/EC 4.4. Regulation (EC) 1189/2009 4.5. Regulation (EC) 396/2005 4.6. Regulation (EC) 1907/2006 4.7. Regulation (EC) 1272/2008 4.8. Directive 2009/127/EC 4.9. Directive 98/8/EC Chapter 5: Regulations on the control of agricultural products 5.1. International regulations 5.2. European regulations 5.3. How the controls are organised Most used abbreviations and acronyms Bibliographical references Useful Websites 5 Chapter 1 Regulations governing food safety, animal and plant health 1.1. International food safety policy ...........................................................................6 1.2. Regulations governing food safety .......................................................................8 1.3. Regulations governing plant health ...................................................................20 1.4. Regulations governing biological contaminants ..................................................26 1.5. Regulations governing organic production ..........................................................31 Chapter 1 Regulations governing food safety, animal and plant health 1.1. International food safety policy The 1990s saw a convergence of two trends. First of all, in developed countries in particular, consumers became increasingly aware of the vulnerability of food supplies and of the international dimension of food risks. Secondly, the pace of economic legislation suddenly picked up speed (in particular in the field of trade). The Codex Alimentarius Commission (Codex) has always been the main agency responsible for drawing up international regulations on food safety, although the World Organisation for Animal Health (the OIE) has also formulated certain rules governing the food safety of products of animal origin in the form of optional standards, i.e. guidelines for use by States and recommendations on the protection of human health. Since 1995, the World Trade Organisation (WTO) has adopted the international regulations laid down by these organisations as part of its own commercial rules, in accordance with the Agreement on the Application of Sanitary and Phytosanitary Measures (MSP or SPS). At international level, three institutions have been entrusted with complementary mandates in the field of food safety: The United Nations Food and Agriculture Organisation (FAO), The World Health Organisation (WHO), The World Organisation for Animal Health (OIE). The joint FAO/WHO programme on food standards is implemented by the Codex Alimentarius Commission (or “Codex”).The OIE, for its part, defines the safety rules applicable to the international trade in animals and animal products. The World Trade Organisation (WTO) is not directly involved in food safety but the rules adopted within it offer an effective framework for the application of food safety measures to international trade. Indeed, sanitary and phytosanitary measures,1 by their very nature, may result in restrictions on trade. A sanitary or phytosanitary restriction that is not actually required for health reasons can be a very effective protectionist device, and because of its technical complexity, a particularly deceptive and difficult barrier to challenge. Within the framework of the establishment of the World Trade Organization (WTO), which superseded the GATT in April 1994, two specific agreements were concluded in Marrakech in order to limit recourse to unjustified barriers to trade using technical rules with a protectionist agenda: the Agreement on the Application of Sanitary and Phytosanitary Measures (the “SPS” agreement); the agreement on Technical Barriers to Trade (the “TBT” agreement). The TBT measures usually concern: - labelling of composition or quality of food, drink and drugs, 1 Sanitary and phytosanitary measures is an accepted term in English to describe regulatory issues concerned with food safety, animal health and plant health. 6 Chapter 1 Regulations governing food safety, animal and plant health - quality requirements for fresh food, - volume, shape and appearance of fresh food packaging, - packaging and labelling for dangerous chemicals and toxic substances, pesticides and fertilizer, - regulations for electrical appliances, - regulations for cordless phones, radio equipment etc., - textiles and garments labelling, - testing vehicles and accessories, - regulations for ships and ship equipment, - safety regulations for toys, - etc. The SPS agreement lays down the conditions under which a State may adopt and implement sanitary (animal health, food safety) or phytosanitary (plant health) measures which have a direct or indirect impact on international trade. The SPS agreement makes explicit reference to three bodies: the Codex Alimentarius, the World Organization for Animal Health (OIE) and the International Plant Protection Convention (IPPC). The standards defined by these bodies therefore serve as a reference within the framework of dispute resolution procedures. The TBT agreement, for its part, concerns, as far as agriculture and food are concerned, the rules that do not come under the SPS agreement. These include the requirements in the field of composition or labelling. Contrary to the SPS agreement, the TBT agreement does not require the technical regulation behind the commercial measure to be based on a scientific analysis. 7 Chapter 1 Regulations governing food safety, animal and plant health 1.2. Regulations governing food safety 1.2.1. A few definitions What is an SPS measure? Sanitary and phytosanitary measures are those designed to protect human, animal and plant life and health from risks arising from parasites, disease-carrying organisms or pathogens, as well as from food additives, contaminants and toxins (art. 1 of the SPS Agreement). This naturally includes the entry of animals, plants, food products, drinks or animal feed onto the territory of a Member country. From a legal point of view, the SPS measures adopted by the governments can take the form of a decree, a regulation, a provision or other legal procedures. What is the SPS agreement? The SPS Agreement covers all measures applied: to protect human or animal health from food-borne risks, to protect human health from animal- or plant-carried diseases, to protect animals and plants from pests or diseases. The difference between SPS measures and TBT measures The TBT (Technical Barriers to Trade) Agreement covers all technical regulations, voluntary standards and the procedures to ensure that these are met, except when these are sanitary or phytosanitary measures as defined by the SPS Agreement. It is thus not the type of measure that determines whether it is covered by the TBT Agreement, but the purpose of the measure that is relevant in determining whether a measure is subject to the SPS Agreement. SPS or TBT? So which agreement governs a particular measure? The first step is to determine whether it concerns a food product, a beverage or animal feed, and whether it sets out to protect: 8 Chapter 1 Regulations governing food safety, animal and plant health human life against risks arising from... - additives - contaminants - toxins - diseases carried by plants or animals animal life against risks arising from... - additives - toxins - pests YES SPS - diseases - pathogenic organisms plants against risks arising from... - pests
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