STC Number - 274

Korea's Livestock Epidemic Prevention Act

Maintained by: Korea, Republic of
Raised by: Canada
Supported by:
First date raised: October 2008 G/SPS/R/53, paras. 6-7
Dates subsequently raised: February 2009 (G/SPS/R/54, paras. 13-14)
Number of times subsequently raised: 1
Relevant documents: Raised orally; RD/SPS/28/Rev.1
Products covered: 02 Meat and edible meat offal
Primary subject keyword: Animal Health
Keywords: Animal health; Food safety; Human health; International Standards / Harmonization; Risk assessment; Sufficiency of scientific evidence; Zoonoses
Status: Resolved
Solution: Information was received from Canada on the resolution of this STC.
Date reported as resolved: 02/11/2017

Extracts from SPS Committee meeting summary reports

In October 2008, Canada raised concerns that Korea's Livestock Epidemic Prevention Act violated the tenets of animal health and food safety principles as its requirements were not based on science. These amendments were not consistent with WTO obligations and did not take into consideration the provisions of the BSE chapter of the OIE Terrestrial Animal Health Code. Korea continued to restrict the import of beef products from countries with any previous experience of BSE. Canada requested Korea to amend its regulations to comply with the SPS Agreement.
Korea maintained that the Act was consistent with the SPS Agreement, and that Korea had conducted the necessary risk assessments.
In February 2009, Canada again expressed concerns regarding recent amendments to Korea's Livestock Epidemic Prevention Act, including its consistency with the SPS Agreement and with the OIE Code. However, this represented only one of a series of barriers Canada was facing in its efforts to resume trade in beef with Korea. While matters had appeared to progress following the October 2008 meeting of the SPS Committee, there had been no significant progress after an on-site visit by Korean officials in November 2008. Since May 2007 the OIE recognized Canada as a controlled-risk country for BSE, which according to the OIE Code allowed for safe trade in all beef and cattle under conditions which Canada can meet. Canada regretted that the issue could not be resolved at a technical level on a strictly scientific basis and was considering all options, including recourse to formal WTO dispute settlement procedures. Canada remained hopeful that this would not be necessary, but could not allow the issue to continue unresolved; five years was long enough.
Korea indicated that LEPA was consistent with the SPS Agreement. The Act required a risk analysis for beef imports in all cases. The risk analysis for Canada was underway; Canada's BSE measures were under review. More detailed consultations were required after the on-site inspection of November 2008, including information on Canada's fifteenth BSE case.

In Novemebr 2017, the Secretariat informed that in September 2017 it had contacted all Members who had raised specific trade concerns (STCs) that had not been discussed in the previous year, to request an update on their status. In furtherance of this request, information was received from Canada on the resolution of this STC. The Secretariat indicated that the information received had been circulated in document RD/SPS/28 of 31 October 2017, and that the SPS IMS would be updated on this basis, using the date of the November 2017 SPS Committee meeting as the date of resolution of the relevant STCs.