New processes have been established under the AUSFTA that will give the US government direct input into Australian laws and policies on quarantine and technical standards, including labelling of GE food.
(a) Quarantine
Two new committees have been established with representatives from both sides. The first, called the Committee on Sanitary and Phytosanitary Matters, deals with quarantine policy and processes. However, one of its objectives is to facilitate trade between Australia and the US by resolving through mutual consent matters that may arise (Article 7.4). The second committee is a technical working group, which is also established with the objective of facilitating trade (Annex 7-A, Para 1).
Australias quarantine regulations should be made on a scientific basis in the interests of Australia, not as part of a trade dialogue with a much more powerful country. The promotion of trade and the quarantine protection of Australias environment, crops and livestock are separate roles that should not be combined.
(b) Genetically Engineered food labelling laws and crop regulation
The US does not have labelling of GE food, has challenged EU labelling laws through the WTO and identified Australian labelling laws as a barrier to trade. The AUSFTA requires Australia and the US to give positive consideration to accepting the other partys technical regulations as equivalent to their own, and to give reasons if they do not (Article 8.5)
Australia must give US representatives the same rights as Australians to participate in the development of Australias standards and technical regulations. The AUSFTA even states that the Australian government will recommend that Australian non-governmental bodies should also let US government representatives have the same rights as Australian citizens to participate in Australian NGO processes for developing standards for Australia (Article 8.7).
These changes to processes and procedures for regulation of quarantine and GE regulation give the US a formal role in Australias policy. It ensures that trade obligations to the US will be high on the list of priorities when regulations are being made.