Transcript trade - IPPC

Invasive Alien Species and Trade:
Designing Effective Prevention Measures
International Plant Health Risk Assessment Workshop
Niagara Falls, October 2005
Stas Burgiel, Ph.D.
Overview
• Assumptions and perspectives
• Context for discussing risk analysis of pests and
invasive alien species
– Multilateral environmental agreements
– Free trade agreements
• Principles for designing effective prevention
measures
Assumption 1:
Continued Growth in World Trade
• Trade in merchandise
– increased 16% to US$7.3 trillion (2003)
– increased 21% to US$8.9 trillion (2004)
• Commercial services
– expanded 12% to US$1.8 trillion (2003)
– expanded 16% to US$2.1 trillion (2004)
• Developed country exports rose 17% (2003)
• Developing country exports to be boosted by
WTO Doha Development Round
Assumption 2
Increasing Threats from Invasives
More trade in goods = more introductions
More introductions = higher probability of establishment
More countries in global trade = more potential habitats
of/for invasives
Greater variety of goods and modes of transport =
greater potential array of invasives and pathways for
introduction
Faster modes of transport = increased chances of
survival
System is as strong as its weakest link
Assumption 3
Prevention is Optimal Strategy
• Prevention is the most effective strategy
for reducing IAS threats (as opposed to
eradication, management and control)
• Risk assessment plays a key role in
prevention efforts
Assumption 4
Questionable Effectiveness of
Existing System
• Small handful of model countries
• US
– Inspection rate of 1-2% of goods
– Reluctance to place invasives on black lists
– Under-resourced regulatory authorities
– Recent incursions by emerald ash-borer,
Asian longhorned beetle, European wood
wasp, erythrina gall wasp, blackberry
fungus…
Result
Situation of Extreme Risk
• Look at risks posed by particular species
and pathways
• Look at risks posed by
– overall situation of growth in trade
– available regulatory/institutional resources
– economic, environmental and human health
impacts
International Legal Framework
ENVIRONMENT
TRANSPORT
Int’l Maritime Organization
Int’l Civil Aviation Organization
UN Convention on the Law of the Sea
Convention on Biological Diversity
Cartagena Protocol on Biosafety
Ramsar Convention
CITES
ITPGRFA
TRADE
World Trade Organization
SPS Agreement
Int’l Plant Protection Convention
Office Int’l des Epizooties
Codex Alimentarius
Convention on Biological
Diversity
• Article 8(h) – Prevent the introduction of, control or
eradicate those alien species which threaten
ecosystems, habitats or species
• Guiding Principles addressing prevention, introduction
and mitigation of impacts (Dec.VI/23)
• Joint work plan with IPPC
• Work on gaps and inconsistencies in the international
legal framework
• Global Plant Conservation Strategy (Target X –
management plans for at least 100 major invasive alien
species)
• Global Taxonomy Initiative
• Work programmes on forests, agriculture, drylands,
inland waters
Cartagena Protocol on
Biosafety
• Article 15 (Risk assessment) “… to identify and
evaluate the possible adverse effects of living
modified organisms on the conservation and
sustainable use of biological diversity”
• Annex III (Risk Assessment) – objectives, use,
principles and methodology
• Differences with SPS Agreement, Article 5
(Assessment of Risk)
Ramsar Convention on
Wetlands of Int’l Importance
Resolution VIII.18 (Invasive Species & Wetlands)
• 12. URGES Contracting Parties to address the problems posed
by invasive species in wetland ecosystems in a decisive and
holistic manner, making use, as appropriate, of the tools and
guidance developed by various institutions and processes,
including any relevant guidelines or guiding principles adopted
under other conventions;
• 14. INSTRUCTS the Ramsar Bureau to continue cooperating
as closely as possible with the institutions and processes that
are dealing with invasive species issues, particularly those of
direct relevance to wetland ecosystems;
• 15. URGES Contracting Parties to undertake risk assessments
of alien species which may pose a threat to the ecological
character of wetlands, taking into account the potential changes
to ecosystems from the effects of global climate change, and
applying the guidance available in Ramsar’s Risk Assessment
Framework (Resolution VII.10);
Convention on the Int’l Trade
in Endangered Species
Conf. 13.10 (Trade in alien invasive species)
CONSIDERING that alien species can pose significant
threats to biodiversity, and that species of fauna and
flora in commercial trade are likely to be introduced to
new habitat as a result of international trade;
THE CONFERENCE OF THE PARTIES TO THE
CONVENTION RECOMMENDS that the Parties:
a) consider the problems of invasive species when
developing national legislation and regulations that
deal with the trade in live animals or plants;
Int’l Treaty on Plant Genetic
Resources for Food & Agriculture
Article 5 – Conservation
• 1(a) Survey and inventory plant genetic
resources for food and agriculture, taking
into account the status and degree of
variation in existing populations, including
those that are of potential use and, as
feasible, assess any threats to them;
Multilateral Environmental Agreements:
Recap
• General, overarching objectives
(prevention followed by eradication,
management, control)
• Less precise on actual steps
• More leeway on how to implement
• Some financial resources for assistance
• Building and integrating data resources
• Set the imperative for implementing
prevention measures
Specific Environmental Obligations
(Rights) in Free Trade Agreements
Parallel to WTO’s Doha Development Agenda
paragraph 31(i) – Specific trade obligations
(“With a view to enhancing the mutual
supportiveness of trade and environment, we
agree to negotiations, without prejudging their
outcome, on:
(i) the relationship between existing WTO rules
and specific trade obligations set out in
multilateral environmental agreements (MEAs).
Specific Environmental
Obligations/Rights:
WTO
• GATT Article XX (General Exceptions) for measures:
– (b) necessary to protect human, animal or plant life or health
– (g) relating to the conservation of exhaustible natural resources
if such measures are made effective in conjunction with
restrictions on domestic production or consumption;
• SPS Agreement
– Article 2(1) – Members have the right to take sanitary and
phytosanitary measures necessary for the protection of human,
animal or plant life or health...
– Article 3(3) – Members may introduce or maintain SPS
measures which result in a higher level of SPS protection than
would be achieved by measures based on the relevant
international standards, guidelines or recommendations, if there
is a scientific justification, or as a consequence of the level of
SPS protection a Member determines to be appropriate…
Int’l Plant Protection Convention
• Article 1(1) – With the purpose of securing common and
effective action to prevent the spread and introduction of
pests of plants and plant products, and to promote
appropriate measures for their control, the contracting
parties undertake to adopt the legislative, technical and
administrative measures specified in this Convention ...
• Article 4(2) Responsibilities of an official national plant
protection organization shall include: e) the protection of
endangered areas and the designation, maintenance and
surveillance of pest free areas and areas of low pest
prevalence;
• ISPM 11 (rev) – Pest risk analysis for quarantine pests
including analysis of environmental risks and living
modified organisms
North American Free Trade Agreement
Article 712 (Basic Rights 7 Obligations)
1) Each Party may … adopt, maintain or apply any sanitary or
phytosanitary measure necessary for the protection of
human, animal or plant life or health in its territory, including
a measure more stringent than an international standard,
guideline or recommendation.
2) … each Party may, in protecting human, animal or plant life
or health, establish its appropriate levels of protection ...
Article 2101 (General Exceptions and incorporation of GATT
Article XX)
1) … The Parties understand that the measures referred to in
GATT Article XX(b) include environmental measures
necessary to protect human, animal or plant life or health,
and that GATT Article XX(g) applies to measures relating to
the conservation of living and non-living exhaustible natural
resources.
Free Trade Agreements:
Recap
• More precise language on how states can
regulate invasive alien species
• Yet legal precision can run afoul of
biological realities
• Generally includes right (vs. obligation) to
take environmental measures
• Despite “mutual supportiveness,” trade law
rules the roost
Prevention & International Trade Rules:
Principles for Action
1) Design prevention measures to be consistent with
the legitimate objectives of the SPS agreement and
other WTO agreements
• The goals of WTO Agreements do not take primacy over
prevention measures that further MEA goals, as these are of
equal status under international law.
• The prohibition against trade discrimination implicates only
prevention measures that are arbitrary or unjustifiable.
• Prevention measures that pursue legitimate, nondiscriminatory objectives and that are applied in a nondiscriminatory fashion do not violate the WTO.
• National prevention measures and objectives can serve as a
catalyst for regional and/or multilateral efforts.
Principles for Action (2)
2. Consider common factors when crafting
prevention measures and scientific
justifications
• IAS present a low-probability, high-risk threat
• There is an inherent, ongoing lack of
knowledge about the behavior of newly
introduced species
• There are severe economic and practical
limitations on the ability of government
agencies to conduct detailed, quantitative
risk assessments
Principles for Action (3)
3. Adopt a conservative, precautionary, and
cumulative approach tailored to the problem
4. Link species and pathways when conducting
risk assessments to facilitate an efficient,
comprehensive approach to prevention.
5. Consider appropriate assignment of costs
and analytical burdens in prevention
systems, particularly where developing
countries are involved
Thank you…
For more information, contact:
Stas Burgiel: [email protected]