Lesson 3: Evaluating and Selecting Options
Topic 4: Phytosanitary Measures by Situation
Although the SPS Agreement and IPPC frameworks and rules should be followed closely, conducting a PRA is not always so straightforward. This topic will illustrate some specific situations where this is true.
Objectives:
- Be able to define, describe, and give examples of established measures, provisional measures and emergency measures.
- Understand the concept of redundancy.
Situational Categories of Measures Used in Pest Risk Management
The process of developing a PRA is not strictly a scientific exercise. PRAs exist within an international regulatory framework that directs, defines, and disciplines the process. The influence of this international regulatory framework is important because, ultimately, both the IPPC and the SPS Agreement are about risk management. They are concerned with risk management measures applied in trade situations. The amount and depth of analysis used to justify a risk management measure depends on whether it is an established measure, a provisional measure, or an emergency measure.
Established Phytosanitary Measures
Established measures offer reference points from which alternate but equivalent measures can be evaluated, particularly where the strength of the established measure is linked to ALR. (See the discussion on equivalence in Lesson 1, Topic 3.) Look at the graph below for some examples of established measures.
Established Measures
Established measures are based on the results of a pest risk assessment or justified by an international standard. They define the acceptable level of risk (ALR), or appropriate level of protection (ALP), of a country. Below are some examples of established measures.
|
Based on NPPO Pest Risk Assessment |
Justified by International Standards |
|---|---|
|
Cold treatment for pests moving in international trade of commodities for consumption. |
Treatment of certain regulated pest such as fruit flies (Tephritidae) with ionizing radiation (ISPM No. 18). |
|
Use of debarked wood, heat treatment, or fumigation to treat raw wood packaging materials moving in international trade (ISPM No. 15). |
Provisional and Emergency Phytosanitary Measures
Both the IPPC and SPS Agreement discuss provisional and emergency measures, but often these terms are confused. A provisional measure requires additional information and reconsideration. An emergency measure is applied in response to an immediate threat. The two types of measures might overlap—a provisional measure could be adopted in an emergency situation and an emergency measure could be provisional.
|
Type of Measure |
Taken . . . |
Situation |
Follow-up |
|---|---|---|---|
|
Provisional |
When there is insufficient available scientific evidence to permit a final decision on the safety of a product or process |
May or may not be an emergency |
Required action by importing country as soon as possible |
|
Emergency |
When an emergency or a new or unexpected situation arises |
May or may not be provisional |
Importing country to determine if action was justified and effective Exporting country to determine if reasons given for action are acceptable |
Provisional Measures
According to the SPS Agreement, provisional measures are established as a matter of urgency in new or unexpected phytosanitary situations. They are designed to facilitate trade by making it possible to put in place overly restrictive requirements that will be adjusted when new or better information or experience is available.
ISPM No. 5 defines provisional measure as “a phytosanitary regulation or procedure established without full technical justification owing to current lack of adequate information. A provisional measure is subjected to periodic review and full technical justification as soon as possible.”
The country imposing a provisional measure must actively pursue the information required for a more objective assessment of the risk within a reasonable period of time. This is one of the few situations where the burden of proof is one sided. In nearly all other circumstances, the importing and exporting countries share the responsibility for providing information necessary to evaluate and agree on appropriate measures.
Adding or strengthening a measure is called redundancy. It can be a type of provisional measure and as such requires technical justification to be maintained. Redundancy is not explicitly defined in ISPM No. 5 or addressed in the IPPC or the SPS Agreement, but it is used in these circumstances:
- To compensate for uncertainty
- As a safeguard for lack of experience
- When no less stringent measure is available
Emergency Measures
ISPM No. 5 defines emergency measure as “a phytosanitary measure established as a matter of urgency in a new or unexpected phytosanitary situation. An emergency measure may or may not be a provisional measure.” The concept of emergency measures extends from Annex B (urgent problems) and the resulting Emergency Notification format adopted by the SPS Committee (G/SPS/7 Rev 1) (WTO, 1994).
The IPPC is explicit about being able to take appropriate emergency action based on the detection of a pest and that such action will be re-evaluated as soon as possible to ensure that it is justified (Article VII.6). ISPM No. 1 (Section 2.11) refers to emergency actions for new or unexpected phytosanitary situations based on a preliminary evaluation of pest risk. It indicates that such measures are temporary and should be the subject of a detailed analysis as soon as possible.
Other international agreements and organizations may refer to “precautionary measures,” a term that can be interpreted in various ways. The IPPC and the SPS Agreement do not use the term “precautionary measures.” Precaution is implied in the risk analysis process and does not need to be defined as a principle.
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