The application of multilateral standards is generally more favoured than the use of bilateral agreements. However, in the absence of such standards it must be recognised that bilateral agreements are an essential part of trade practice in dealing with quarantine issues. The use of bilateral agreements could lead in time to the development of similar standards applied amongst several nations regionally, and then on to the use of multinational standards. The difference in pests between nations and the difference in perceived risk from pests by nations, may mean that bilateral quarantine agreements will always be a part of the trade of plant products that are host to high risk pests. The development and adoption of a standard format for Bilateral Quarantine Agreements (BQAs) will facilitate the evolution of standards for multilateral or bilateral application, and facilitate trade. This approach is relevant for trading partners on long-term trade agreements where production levels for export are continuous, relatively stable, and assured.
Plant products can frequently form a substantial component of the trade of developing countries and the difficulty of these countries in meeting the quarantine requirements of other nations needs to be recognised. However, this should not affect the efficacy of quarantine measures. In most instances, production and export capability in developing countries are more or less discontinuous, and dependent on the vagaries of weather. In this case, regional cooperation in the adoption of phytosanitary guidelines would be a more relevant and appropriate strategy. One exporting country can find itself becoming an importer in some production deficit years or when cross-border price fluctuations promote reversed trade, thus enhancing the risks of pest introductions.
· The quarantine measures erected by a nation should be international in application. The special needs of developing countries should be met by programmes led by international organisations.· All countries have the right to preserve and maintain their plant health status.
This principle is noted in the General Agreement on Tariffs and Trade [GATT Article XX (b)] which refers to contracting parties being able to adopt or enforce measures necessary to protect human, animal or plant life or health. This is a fundamental right of all nations. In the present context it simply means that a nation has a right to try to preserve its present flora and fauna by minimising the introduction of new pests.
Within Article XX this concept is presented in the negative form as the article sets out the limitations of such a principle in the broadest sense only, with the aim of avoiding such measures being used as trade barriers. This sentiment also has to be recognised in the form of a principle.
· Quarantine measures should be implemented for the purpose of plant protection only and:· should not be used to create obstacles to trade;· should not subject imported plant material to more strict measures than domestically produced material of equivalent plant health status.
Nonetheless, it will be necessary in the future to define some practical parameters that can act as guidelines when assessing the legitimacy of a nation's quarantine measures. These should include biological aspects of the pest(s), the severity of action of the pest and its ability to establish, and relevant social, economic and environmental factors.
Such parameters will have to be based on scientific methodology and this is so important that it needs to be phrased as a general principle.
· Quarantine measures should be based on scientific methodology.
A further principle that relates to trade in a general way is that of notification. This is included in the International Plant Protection Convention and is well recognised as a prerequisite for fair trade practices.
· Nations should publish the specifications for the entry of plant material, the pests and diseases present in that country and update these requirements and lists as appropriate.
In developing procedures to meet market access requirements of a trading partner, considerable negotiation can take place. Successful negotiations need to be based on problem solving and they should avoid 'trade-offs'.
· The process of access negotiations on quarantine issues should concern only the solution of quarantine problems directly related with the access of that product.
Such principled negotiation requires procedures that should allow the investigation of a wide range of problem solutions, and ensure that results are developed from sound, objective technical criteria.
