This report reviews the following treaty actions:
Agreement between Australia and the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway amending the Agreement on Mutual Recognition in relation to Conformity Assessment, Certificates and Markings between Australia and the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway (Brussels, 21 September 2018); and
Amendments to Appendices I, II and III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Geneva, 28 August 2019).
Under the Agreement on Mutual Recognition in relation to Conformity Assessment, Certificates and Markings between Australia and the Republic of Iceland, the Principality of Liechtenstein and the Kingdom of Norway (Australia-EFTA EEA MRA), the Parties recognise and accept the technical competence of each other’s conformity assessment bodies (CABs) to test or certify goods for compliance with each other’s regulatory requirements.
The proposed Amending Agreement amends the Australia-EFTA EEA MRA to make it consistent with similar arrangements with the European Union (EU). The amendments remove the rule of origin restriction which requires products covered by the MRA to originate in the Parties to the MRA, accord less than treaty status to the Sectoral Annexes that form the administrative arrangements for the MRA, and extend the role of the Joint Committee – made up of officials from the Parties – to amend the Sectoral Annexes in response to regulatory and industry developments.
The Committee welcomes efforts to simplify access to trade agreements that benefit Australia and encourage their utilisation. In particular, the changes to the rule of origin provisions in the proposed Amending Agreement should facilitate greater flexibility and opportunities, and ensure market consistency, for Australian businesses in the sectors covered by the Australia-EFTA EEA MRA.
The Committee agrees that the proposed Amending Agreement should be ratified and binding treaty action be taken, but suggests the Australian Government investigate the inclusion of the ACT Medicines, Poisons and Therapeutic Goods Act 2008 in the Appendix to the Sectoral Annex on Medicinal Products GMP Inspection and Batch Certification.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a multilateral treaty comprising mechanisms for regulating international trade in endangered species. Endangered species are listed in three appendices according to the degree of risk of extinction.
Amendments to Appendices I, II and III of CITES were adopted at the 18th Conference of the Parties (CoP) held in August 2019. These included amendments to the listing of 14 species for which Australia is a range state, or in which Australia is involved in international trade. All of these amendments came into force before being tabled in the Parliament and referred to the Committee for inquiry.
The Committee has frequently observed that the timing of CoP amendments to CITES Appendices undermines the value of the Committee’s consideration of these amendments because there is usually insufficient or no time for the Committee to undertake an inquiry before the amendments come into force. The Committee is of the view the most effective way of resolving this problem is for inquiries to be conducted on referral from the relevant Minister under paragraph 1(b) of the Committee’s resolution of appointment, rather than waiting to have them tabled in the Parliament.
Accordingly, the Committee recommends that, as soon as practicable after the Australian Government is informed of a proposed amendment to a species listed in the CITES Appendices for which Australia is a range state, or in which Australia is involved in international trade, the relevant Minister should refer, by letter, the proposed amendment to the Committee for inquiry, citing paragraph 1(b) of the Committee’s resolution of appointment.
In addition, the Committee advises that binding treaty action should be taken for the following minor treaty action:
2020 Amendment to Annexes I and II of the International Convention against Doping in Sport.