Description
Book SynopsisThis book focuses on the influence of food safety and quality requirements on international trade in food. Drawing on the case of Benin and other fishery products exporting countries in West and East Africa, the book explores the consequences of EU requirements on market access and food safety regulation in exporting developing countries. Moreover, it examines the processes through which UEMOA Member States intend to overcome their food safety challenges thanks to regional cooperation. In this regard, the book dwells on the conditions and mechanisms of regulatory convergence within the UEMOA.In addition to exploring the differences in approaches to food safety regulation (proactive or reactive approaches) between the EU and most West African developing countries, the book further analyses the case of Benin shrimp exports to the EU in the light of the rules of the World Trade Organization (WTO). Essentially, the book assesses whether WTO rules provide sufficient leverage to enable weaker countries to press for reforms in other WTO Members' food safety laws so as to avoid protectionism and unnecessary obstacles to trade.
Table of ContentsCONTENTSAcknowledgements List of abbreviations List of tables List of boxes List of figures Chapter I. Introduction 1.1. Background 1.2. Market access issues related to food safety measures 1.2.1. Challenges for developing countries 1.2.2. Challenges related to the nature of food safety and product requirements 1.2.3. Challenges related to the nature of the product 1.3. Problem definition and research questions 1.4. Methodology 1.5. Structure Chapter II. Background on Benin and its shrimp sector 2.1. Introduction 2.2. Presentation of Benin 2.2.1. Economic sector 2.2.2. General economic trends 2.3. Fishing sector2.3.1. Economic importance of the fishing sector 2.3.2. Potentialities of exploitation of halieutic resources2.4. Shrimp fishing 2.4.1. Characteristics of the shrimp food chain 2.4.2. Shrimp export trends 2.4.3. Impact of the 'crisis' 2.5. Inspection missions in Benin and their findings2.5.1. First mission: Examination of the system of shrimp production 2.5.2. Second mission: Assessment of the implementation of upgrading measures 2.6. Conclusion Chapter III. Food safety regulation in the European Union 3.1. Introduction 3.2. European food law: between the single market and the international market 3.2.1. The Treaty of Rome: establishment of the common market and access conditions 3.2.2. Failure of policy implementation3.2.3. Attempts to eliminate trade barriers: the new approach to technical harmonisation and standards 3.2.4. Specific common market policies 3.2.5. International dimension of the common market 3.3. Greater food safety involvement in policymaking 3.3.1. General food safety measures3.3.2. Official control policies 3.4. Current EU food regulatory framework 3.4.1. Definition and scope 3.4.2. Risk analysis 3.4.3. Food safety responsibilities 3.4.4. Hygiene of foodstuffs 3.5. Enforcement of EU requirements towards third countries 3.5.1. Implementation of controls through the FVO 3.5.2. Implementation of veterinary controls 3.5.3. Market surveillance through the RASFF 3.6. Concluding remarks Chapter IV. Food safety regulation in Benin 4.1. Introduction 4.2. Importance of food safety in development projects 4.3. Food safety regulation before the crisis 4.3.1. General food safety framework 4.3.2. Protection of consumers against fraudulent practices 4.3.3. Responsibility of food operators . . 4.3.4. Specific measures for fishery products 4.3.5. Institutional framework 4.4. Upgrading the legal framework 4.4.1. Context 4.4.2. First attempts of regulation 4.4.3. Second generation: the transposition of EU texts 4.5. Conclusion Chapter V. Improving compliance to access the EU fishery products market 5.1. Introduction 5.2. Legal transplant 5.3. Coping with the legal transplant 5.4. Seeking alternative solutions 5.5. Building capacity from 'farm-to-fork' 5.5.1. Quality of water 5.5.2. Hygiene and safety of fresh shrimps 5.5.3. Ensuring traceability along the food chain 5.5.4. Ensuring compliance of processing plants 5.5.5. Improving risk management and communication 5.5.6. Building analytical capacity 5.6. Assessing capacity building in the shrimp export sector 5.6.1. Poor governmental commitment5.6.2. Sustainability of the control and certification system 5.6.3. Wasted resources? 5.6.4. Interactions among stakeholders 5.6.5. Addressing the challenge of daily risk management 5.7. Interactions between EU and Benin 5.7.1. Influence of the EU policy 5.7.2. Effectiveness of the Benin approach 5.7.3. Effectiveness of the EU approach5.8. Conclusion Chapter VI. Food safety at the regional level 6.1. Introduction 6.2. Presentation and legal regime of the UEMOA 6.3. The common market 6.4. Characteristics of food safety legal frameworks of UEMOA members 6.5. Building a regulatory food safety framework within the UEMOA 6.6. Legal food safety framework within the UEMOA 6.6.1. Principles of the food law at UEMOA level 6.6.2. Sectoral food safety rules 6.7. Institutional framework 6.7.1. Regional Committee of safety of plants, animals and food 6.7.2. Veterinary Committee 6.7.3. Consultative Committee on the Harmonization of Policies and Laws of UEMOA Member States 6.8. Harmonization scheme of activities of accreditation, certification, standardization and metrology within the UEMOA 6.9. Food safety challenges in the UEMOA 6.9.1. Issues related to the small size of intra-UEMOA trade 6.9.2. Regional integration cross-cutting issues 6.10. Conclusion Chapter VII. Assessing the implementation of the SPS and TBT Agreements 7.1. Introduction 7.2. Overview of the SPS and TBT Agreements 7.2.1. Food safety in the SPS Agreement 7.2.2. Overview of the TBT Agreement 7.3. Levelling differences through regulatory cooperation 7.3.1. Regulatory coordination 7.3.2. Equivalence 7.3.3. Harmonisation 7.4. Towards the elimination of discrimination 7.4.1. Avoiding discrimination related to the appropriate level of protection 7.4.2. Assessing consistency in the EU approach 7.5. Assessment of food risks 7.6. Disciplines on the choice of measures 7.6.1. Adopting the least trade-restrictive SPS measure 7.6.2. Least trade-restrictive TBT measure 7.6.3. Adoption of provisional measures 7.7. Putting EU measures to the test 7.8. Transparency 7.8.1. Improving market access through SPS transparency 7.8.2. Dissemination of TBT information7.9. Tackling developing countries' concerns 7.9.1. Technical assistance 7.9.2. Special and Differential Treatment (SDT) of developing countries 7.10. Dispute settlement 7.11. Is Benin food law WTO compliant? 7.12. Conclusion Chapter VIII. Conclusion 8.1. Food safety as a major issue in Benin 8.2. Compliance strategies 8.2.1. Legal transplant 8.2.2. Institutional reforms 8.3. Attempt to solve food safety issues through regional cooperation 8.4. Assessing the legitimacy of the EU approach 8.5. Does WTO law matter for Benin shrimp exports to the EU? 8.6. Participation in international standard-setting organisations' activities 8.7. Less standards or more assistance? 8.8. Limits to the research Summary Policy documents, Guidelines and Reports Legislation Bibliography Curriculum vitae
