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Canada’s Application of Equivalency for Plant Health Heather Holland National Manager Foreign Relations and Issues Management Overview of Canada’s Approach • Supports the principle and application of equivalence • Focuses on whether different phytosanitary measures can achieve the same phytosanitary effect • Recognizes alternative phytosanitary measures as equivalent upon demonstration that they can meet Canada’s appropriate level of protection • Identifies appropriate phytosanitary measures to mitigate pest risks through the pest risk analysis process International Obligations • World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures • International Plant Protection Convention (IPPC) • International Standards For Phytosanitary Measures: o ISPM 1 – Phytosanitary principles for the protection of plants and the application of phytosanitary measures in international trade o ISPM 24 – Guidelines for the determination and recognition of equivalence of phytosanitary measures Identification of Equivalent Measures • Through the Pest Risk Management stage of the Pest Risk Analysis (ISPM 11), Canada may proactively identify equivalent phytosanitary measures for exporting countries to meet Canada’s appropriate level of protection (ALOP) • Equivalent phytosanitary measures are reflected in many of Canada’s plant health import requirements o For example, Canada may accept products sourced from a pest free area or produced under a pest management program or treated with methyl bromide • An exporting country may also propose alternative measures to Canada for consideration of equivalence Equivalence Determination • Assesses an exporting country’s proposed alternative approach to address a specific pest risk identified in the pest risk analysis • Equivalence may be applied at many levels • Generally applies to phytosanitary measures for a specific pest associated with trade of a specific commodity Individual phytosanitary measure Combination of measures Systems approach Equivalence Determination Process Exporting country expresses interest Importing country describes existing measures Exporting country requests equivalence determination Importing country evaluates alternative measure Importing country notifies its decision Importing country updates import requirements for equivalent measures • Canada’s process is aligned with Annex 1 of ISPM 24 Step 4: Evaluation of Alternative Measure • Technical information evaluated to determine equivalence of phytosanitary measures: o Description and effectiveness of the proposed alternative measure(s) o Information on how the proposed alternative measure(s) was evaluated by the exporting country o Comparison of proposed alternative measure(s) with the importing country's existing measures o Information on the technical and operational feasibility of the proposed alternative measure(s) Systems Approach • A systems approach (SA) is a pest risk management option that integrates different measures, at least two of which act independently, with cumulative effect. A SA can be an alternative to a mandatory phytosanitary treatment (e.g., fumigation with methyl bromide, or heat treatment) • Integrated phytosanitary measures of the SA can be applied, in the country of origin, from pre-production to export • SAs are generally developed and implemented by a National Plant Protection Organization (NPPO) to meet another country’s phytosanitary import requirements Systems Approaches and Equivalence • In order for Canada to determine a SA as equivalent, the exporting NPPO must demonstrate: o The proposed SA meets Canada’s import requirements for the specific commodity o The NPPO approves and oversees the SA • Canada’s evaluation of the proposed SA may result in: o Acceptance or rejection o Recommendations to the NPPO for changes o Acceptance contingent on an on-site review and/or trial period o An audit to verify the effectiveness of the SA Conclusion • Canada’s approach to equivalence is aligned with IPPC standards • Canada demonstrates flexibility and may proactively suggest equivalent phytosanitary measures to the exporting country Questions? Canada’s Application of Equivalency for Plant Health Overview of Canada’s Approach International Obligations Identification of Equivalent Measures Equivalence Determination Equivalence Determination Process Step 4: Evaluation of Alternative Measure Systems Approach Systems Approaches and Equivalence Conclusion Questions?

Score: 740231.9 - https://www.wto.org/english/tr...session_1_speaker_3_canada.pdf

  WTO | Sanitary and Phytosanitary Measures – SPS Committee Thematic Session on Equivalence (Part 2)

This first part of a two-part thematic session on equivalence was held on 30 October 2018. It provided an opportunity to introduce the concept of equivalence, and for WTO Members to increase their awareness of the relevant provisions of the SPS Agreement, Committee guidance, related jurisprudence, and equivalence from a TBT perspective. In addition, representatives of Codex, IPPC and OIE outlined the relevant international standards and explained how equivalence was applied in their areas. The second part of this thematic session focused on Members' experiences with the implementation of equivalence. (...) Member experiences 1.1 Equivalence of SPS Measures Member experiences and approaches to the recognition and implementation of equivalence of specific SPS measures or groups of SPS measures.

Score: 740163.87 - https://www.wto.org/english/tr...e/sps_e/workshop18032019_e.htm

  WTO ANALYTICAL INDEX

Paragraph 1 of the Decision on Equivalence provides: "1. Equivalence can be accepted for a specific measure or measures related to a certain product or categories of products, or on a systems-wide basis. (...) The Decision on Equivalence provides for a number of requirements and recommendations regarding the procedure to be followed for the recognition of equivalence: "3. (...) Paragraph 5 of the Decision on Equivalence provides that "[t]he importing Member should accelerate its procedure for determining equivalence in respect of those products which it has historically imported from the exporting Member."

Score: 739354.15 - https://www.wto.org/english/re...ions_e/ai17_e/sps_art4_oth.pdf

  WTO | SPS - equivalence decision

WTO | SPS - equivalence decision WORLD TRADE ORGANIZATION Home   |  About WTO   |  News & events   |  Trade topics   |  WTO membership   |  Documents & resources   |  External relations Contact us   |  Site map   |  A-Z   |  Search español   français home trade topics sps text of the agreement implementation art.4 SANITARY AND PHYTOSANITARY MEASURES: EQUIVALENCE DECISION SPS Committee’s Decision on Equivalence This Decision, effective from 24 October 2001, outlines steps designed to make it easier for all WTO members to make use of the “equivalence” provisions of the SPS Agreement, i.e. (...) Additionally, the Committee held a Thematic Session on Equivalence in 2018 (Part 1) and 2019 (Part 2). Members can also submit notifications to inform of the determination of the recognition of equivalence of sanitary and phytosanitary measures. (...) Members may further, where necessary and appropriate, seek more comprehensive and broad-ranging agreements on equivalence. The acceptance of the equivalence of a measure related to a single product may not require the development of a systems-wide equivalence agreement. 2. 

Score: 738762.35 - https://www.wto.org/english/tr..._e/sps_e/equivalence2001_e.htm

  Simon Smalley Minist

Simon Smalley Minister Counsellor (Agriculture), Australian High Commission, London Challenges and benefits of equivalence recognition 18 March 2019 2Department of Agriculture and Water Resources In this presentation … • Why, when and how to negotiate equivalence • Australia’s systems covered by equivalence negotiations • Examples of existing agreements/arrangements in place • Benefits and challenges of equivalence recognition Why negotiate equivalence To reduce the impact of Non-Tariff Measures (NTMs) such as: • certification requirements • audit assessments • border testing and inspections 3Department of Agriculture and Water Resources When to negotiate equivalence (1) – Codex guidance CAC/GL 53-2003 (Guidelines on the Judgment of Equivalence of Sanitary Measures Associated with Food Inspection and Certification Systems): Considerations: • Appropriateness • Prerequisite requirements • Likelihood of success • Trade facilitating • Resource savings • Resources available and • Commitment by both countries 4 Department of Agriculture and Water Resources When to negotiate equivalence (2) – Australia’s considerations • Volume / value • Overcome burdens / simplify trading • Priorities of the trading partner • Priorities with other trading partners • Best mechanism 5Department of Agriculture and Water Resources How to negotiate Equivalence Agreements/Arrangements • Mutual or Unilateral system equivalence • Prescriptive vs non-prescriptive agreements/arrangements • Tangible outcomes vs opportunities to work together • Review processes – noting that our systems are dynamic 6 Department of Agriculture and Water Resources Process for negotiating equivalence Step 1: Foreign authority requests recognition of system as equivalent Step 2: Description of Australia’s national food requirements provided to foreign authority Step 3: Information and data is compiled by foreign authority Step 4: Authority provides submission describing their national food control system against Australia’s requirements Step 5: Australia assesses submission (incl. an in-country audit if necessary) Step 6: Australia formalises recognition of system equivalence or provides advice to foreign authority on why it does not meet requirements 7 Department of Agriculture and Water Resources Examples of Australia’s food control system elements considered in equivalency agreements/arrangements Food standards Australia New Zealand Food Standards Code developed by FSANZ, including: • product, primary production and processing standards • packaging/ labelling requirements • methods of risk assessment State/Territory food regulation (requires compliance with the Food Standards Code, etc.) • product testing • food processing establishment / primary producer licensing / registration – approval processes, regular inspection – auditing • Auditor/inspector skills Laboratory testing, laboratory capabilities Where relevant, export and food import regulation 8 Department of Agriculture and Water Resources Recognition of food control system equivalence Unilateral e.g. (...) Australia DAWR and USA FDA recognised each other’s food control systems 9Department of Agriculture and Water Resources Examples of negotiated equivalence 10 Department of Agriculture and Water Resources Thailand seafood – foreign government certification arrangement with the Thai Department of Fisheries for seafood Canadian seafood – foreign government certification arrangement with the Canadian Food Inspection Agency for seafood Benefits – reduced rates of border intervention Benefits of systems equivalence – Australian imports Dependent on the scope of the negotiated: • reduced border intervention; • reduction in cost for foreign food producers; • confidence in the produce being exported to Australia; and • access to a greater selection of produce at lower cost for consumers. 11 Department of Agriculture and Water Resources Benefits of systems equivalence – Australian exports Dependent on the scope of the negotiated arrangement (foods and system elements covered, authorities involved, etc.) • reduced border intervention; • reduction or no in-country audits; and • access to certain ports of entry and or import pathways. 12 Department of Agriculture and Water Resources Challenges of systems equivalence • Ensuring coherence of national food control system • Translating national food control systems • Resource requirements o with no guarantee of an outcome • Tangible outcomes may not be achievable • Mutual recognition may not be achievable • Unequal outcomes 13 Department of Agriculture and Water Resources Summary • Equivalence can be trade facilitating but many factors to consider • There may be other options to improve access conditions • CCFICS guidelines • Australia has already negotiated equivalency recognition (both system and measure specific) with several countries for a range of exports • Australia understands benefits of equivalence recognition whether for exported or imported produce • Equivalence is one way to address the impact of NTMs 14 Department of Agriculture and Water Resources THANK YOU QUESTIONS?

Score: 738531.35 - https://www.wto.org/english/tr...sion_2_speaker_3_australia.pdf

  Codex work on equiva

Codex work on equivalence Related to sanitary measures, food inspection and certification systems, and food control systems Gracia Brisco Codex Secretariat Codex work on equivalence: Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) – Development of • Principles / guidelines for food import / export inspection / certification systems to harmonize methods and procedures which protect the health of consumers, ensure fair trading practices and facilitate international trade in foodstuffs; [harmonization] • principles / guidelines for the application of measures by the competent authorities of exporting / importing countries to provide assurance where necessary that foodstuffs comply with requirements, especially statutory health requirements; [equivalence measures] • guidelines for the utilization, as and when appropriate, of quality assurance systems to ensure that foodstuffs conform with requirements and to promote the recognition of these systems in facilitating trade in food products under bilateral / multilateral arrangements by countries [equivalence of systems] 2 • Guidelines on the judgement of equivalence of sanitary measures associated with food inspection and certification systems (CXG 53-2003) • Equivalence of sanitary measures: The state wherein sanitary measures applied in an exporting country, though different from the measures applied in an importing country, achieve, as demonstrated by the exporting country, the importing country’s appropriate level of sanitary protection. • Guidelines for the development of equivalence agreements regarding food import and export inspection and certification systems (CXG 34-1999) • Equivalence of inspection / certification systems: The capability of different inspection and certification systems to meet the same objectives. • Guidelines on recognition and maintenance of equivalence of national food control systems (under development) • Equivalence of NFCSs: The capability of different NFCSs or parts of a NFCS to meet the same objectives. 3 CCFICS work on equivalence CCFICS: Equivalence Guidelines on the judgement of equivalence of sanitary measures associated with food inspection and certification systems (CXG 53-2003) Sanitary measures associated with food inspection and certification systems: Infrastructure; program design, implementation and monitoring; and/or specific requirements. (...) Note: Sanitary measures include all relevant laws, decrees, regulations, requirements and procedures including, inter alia, end product criteria; processes and production methods; testing, inspection, certification and approval procedures; provisions on relevant statistical methods, sampling procedures and methods of risk assessment; and packaging and labeling requirements directly related to food safety. 4 CCFICS: Equivalence • Guidelines for the development of equivalence agreements regarding food import and export inspection and certification systems (CXG 34-1999) • Certification system -> official and officially recognized certification systems. • Inspection system -> official and officially recognized inspection systems. • Official inspection systems and official certification systems -> systems administered by a government agency having jurisdiction empowered to perform a regulatory or enforcement function or both. • Officially recognized inspection systems and officially recognized certification systems -> systems which have been formally approved or recognized by a government agency having jurisdiction. • Guidelines on recognition and maintenance of equivalence of national food control systems (under development) [The policy settings, system design, implementation and monitoring and review of the production, packing, storage, transport, handling and sale of foods within national borders, including import and export control systems, as established and maintained by national governments and their competent authority for the protection of the health consumers and ensuring fair practices in the food trade.] (under discussion) 5 CCFICS: Equivalence Considerations when determining equivalence of measures • Experience, knowledge and confidence the importing country has with the exporting country’s food control system • history in food trade between the importing and exporting countries; • level of compliance of the exporting country’s food products with the importing country’s requirements; • level of cooperation that exists between the food safety competent authorities of the importing and exporting countries; • extent to which importing and exporting countries’ food control systems are similar ..; • importing and exporting countries have access to the necessary resources ..; • relevance of any previous equivalence determinations made by the importing country. 6 http://www.fao.org/fao-who- codexalimentarius/codex- home/en/ (www.codexalimentarius.org) http://www.fao.org/fao-who-codexalimentarius/codex-home/en/ CCFICS work on equivalence • Equivalence of sanitary measures -> two different sanitary measures attain the same level of human health protection • Equivalence of inspection and certification systems • Equivalence of food control systems (under development) -> two different systems attain the same objectives (public health and fair practices) 8

Score: 737684 - https://www.wto.org/english/tr..._gracia_brisco_codex301018.pdf

  PowerPoint Presentation

Canada’s Approach to Food Safety Equivalence Heather Holland National Manager Foreign Relations and Issues Management Overview of Canada’s Approach • Enhances Canada’s food safety objectives and oversight of imported food while facilitating trade • Equivalence is an effective tool that provides trading partners with flexibility in how they achieve comparable food safety outcomes • Different food safety measures, groups of measures or inspection systems can meet Canada’s appropriate level of protection 2 International Obligations Canada’s approach to equivalence is aligned with international agreements and international standards, guidelines and recommendations (ISGRs): o Article 4 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) o Codex Alimentarius Commission ISGRs o Bilateral and multilateral free trade agreements 3 Guiding Principles for Equivalence Determination 4 Outcome Based Evidence Based Confidence Flexibility Transparency International consistency Equivalence Spectrum Canada’s approach provides flexibility to consider equivalence at many levels Individual sanitary measure System of inspection as a pre- requisite for trade Commodity-specific or partial recognition Food Safety System Recognition 5 Example of Equivalence as a Pre-Requisite for Trade Market Access Request Questionnaire Document Review Audit Certificate Approval of Establishments Commencement of Trade Maintenance Evaluation and recognition of meat and live and raw shellfish systems of inspection 6 Example: Measures for the Classification of Shellfish Harvesting Areas 7 Shellfish Testing Shellfish and Water Testing Ability to identify harvest areas that produce bivalve molluscs that are safe to eat Example Continued: Application of Equivalence 8 Outcome Based Evidence Based Confidence Flexibility Transparency International consistency Maintenance of Equivalence • Canada may periodically reassess its recognition of equivalence to confirm that the alternative approaches or measures continues to provide at least the same level of protection as the provisions of the Safe Food for Canadians Act and Regulations. • Ongoing bilateral communication is critical to maintain the recognition status, including proactive notification of any changes to its inspection system or legislation governing its inspection system. • Governments have a responsibility to effectively communicate how different approaches can achieve the same level of protection from identified food safety hazards. 9 Conclusion • International guidance and ISGRs provide countries flexibility to consider food safety equivalence at many levels • Recognition that different approaches can meet equivalent food safety outcomes enhances food safety and supports international trade 10 Questions? 11 Canada’s Approach to Food Safety Equivalence Overview of Canada’s Approach International Obligations Guiding Principles for Equivalence Determination Equivalence Spectrum Example of Equivalence as a Pre-Requisite for Trade Example: Measures for the Classification of Shellfish Harvesting Areas Example Continued: Application of Equivalence Maintenance of Equivalence Conclusion Questions?

Score: 737647.2 - https://www.wto.org/english/tr...session_2_speaker_2_canada.pdf

  WTO | SPS - SPS Handbook CBT - Notification of Equivalence - Page 1

WTO | SPS - SPS Handbook CBT - Notification of Equivalence - Page 1 WORLD TRADE ORGANIZATION Home   |  About WTO   |  News & events   |  Trade topics   |  WTO membership   |  Documents & resources   |  External relations Contact us   |  Site map   |  A-Z   |  Search español   français home trade topics sps sps handbook training module notification of equivalence SPS HANDBOOK TRAINING MODULE: CHAPTER 4 Notification of Equivalence Click the + to open an item. (...) Title of the text stating determination of the recognition of equivalence Title of any formal or informal agreement, Memorandum of Understanding or other document establishing the determination of recognition of equivalence. (...) Brief description of the measure(s) recognized to be equivalent Clearly indicate the nature of the recognition of equivalence, including which measure(s) of the exporting Member have been determined to be equivalent and which elements of the importing Member’s usual requirements are met by these equivalent measures.

Score: 737300.8 - https://www.wto.org/english/tr...ps_handbook_cbt_e/c4s1p1_e.htm

  WTO | SPS - SPS Handbook CBT - Notification of Equivalence - Page 1

WTO | SPS - SPS Handbook CBT - Notification of Equivalence - Page 1 WORLD TRADE ORGANIZATION Home   |  About WTO   |  News & events   |  Trade topics   |  WTO membership   |  Documents & resources   |  External relations Contact us   |  Site map   |  A-Z   |  Search español   français home trade topics sps sps handbook training module notification of equivalence SPS HANDBOOK TRAINING MODULE: CHAPTER 4 Notification of Equivalence Click the + to open an item. (...) Title of the text stating determination of the recognition of equivalence Title of any formal or informal agreement, Memorandum of Understanding or other document establishing the determination of recognition of equivalence. (...) Brief description of the measure(s) recognized to be equivalent Clearly indicate the nature of the recognition of equivalence, including which measure(s) of the exporting Member have been determined to be equivalent and which elements of the importing Member’s usual requirements are met by these equivalent measures.

Score: 737300.8 - https://www.wto.org/English/tr...ps_handbook_cbt_e/c4s1p1_e.htm

  Geneva, 30 October 2

Geneva, 30 October 2018 Equivalence Diana Tellechea OIE Standards Department Chapter 5.3. (...) ELISA) and procedures (e.g. pre-export inspection); 4 OIE standards Categorization of sanitary measures (Art. 5.3.4) 5 From the perspective of exporting countries When they are negotiating access to export markets, countries reported that determination of equivalence occurred: ▪ Regularly (24%) ▪ Occasionally (41%) ▪ Never (31%) 6 Equivalence is a complex concept that is interpreted in various ways. 11 80 90 109 Other Equivalence based on exporting country's production system Equivalence based on exporting country's system of animal health management Equivalence based on a set of measures 75% 62% 55% From the perspective of importing countries (2) e.g. testing, treatment, isolation 7 From the perspective of importing countries (1) ▪ Countries generally have the authority to use equivalence as the basis for setting sanitary measures for the importation of commodities (92%), by law (52%) or policy (40%) ▪ Transparency : countries reported that information on equivalence agreements is made available to trading partners on a national website (26%) or on request (40%). 52% 55% Formal policies or procedures for determining equivalence Processes for determining equivalence conform with OIE recommendations 8 10 29 32 41 43 71 87 Other National legislation does not allow for the recognition of equivalence Political or commercial considerations Inadequate financial resources Lack of guidance from the OIE Inadequate human resources, including their technical capacity and capability Exporting country is not sufficiently transparent / does not provide the information that is needed. What challenges does your country face when deciding on the equivalence of sanitary measures applied by an exporting country?

Score: 730172.27 - https://www.wto.org/english/tr..._diana_tellechea_oie301018.pdf