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STC Number - 286
Import restrictions on poultry meat
First date raised:
, paras. 14-15
Dates subsequently raised:
October 2011 (
, paras 79-80)
October 2013 (
, paras. 3.47-3.48)
Number of times subsequently raised:
Indonesian Decree 50/Permentan/OT.140/9/2011
02 Meat and edible meat offal; 0207 Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen.
Primary subject keyword:
Animal health; Pest or Disease free Regions / Regionalization
DSU consultations requested on 16/10/2014 (WT/DS484/1). Panel established on 03/12/2015 (WT/DS484/9). Panel composed on 03/03/2016; Panel proceedings on-going.
Date reported as resolved:
Extracts from SPS Committee meeting summary reports
In October 2009, Brazil raised concerns about restrictions on Brazilian poultry meat due to Indonesian legislation that was not in accordance with international standards. Although Indonesia claimed to accept the principle of regionalization, it had not presented any sanitary reasons for the restrictions on Brazilian poultry meat. Throughout 2009, Brazil and Indonesia had consulted on this trade barrier and Brazil had provided information showing that its poultry meat and by products complied with the relevant international standards and even with Indonesia's regulations. Brazil requested the sanitary justification for the restrictions, or that the restrictions be lifted.
Indonesia expressed his authorities' willingness to have bilateral meetings with Brazil to find solutions on the issue.
In October 2011, Brazil observed that it fulfilled all OIE requirements related to poultry meat and exported poultry products to more than 170 countries, but the Indonesian market remained closed. In October 2009, Brazil had questioned the scientific basis of Indonesia's prohibition, but despite several bilateral meetings, the Indonesian market remained closed to Brazilian chicken, duck and turkey meat. Regarding chicken meat, Indonesia had recently issued Decree 50/Permentan/OT.140/9/2011, which prohibited, without any scientific justification, imports of whole chicken and mechanically separated chicken meat products. In relation to duck and turkey meat, although Indonesia had agreed to send a mission to Brazil to approve establishments, it had not responded to repeated requests from Brazil to set a date for the mission.
Indonesia replied that the issue had been discussed extensively during the meeting of the bilateral Agriculture Working Group, and during the Brazil-Indonesia Joint Commission in October 2011. During the consultations, Indonesia had informed Brazil that it needed more time to ensure internal coordination before sending the inspection mission to Brazil, and that the Indonesian Ministry of Agriculture would conduct its technical research in 2012.
In October 2013, Brazil reiterated its concerns over Indonesia's restriction on Brazilian poultry meat exports. Brazil exported poultry products to more than 170 countries and met all the relevant OIE requirements. In May 2009, Brazil had expressed its interest in exporting poultry meat to Indonesia and had since held bilateral consultations with Indonesian sanitary authorities. In October 2009, Brazil had had raised a concern about this prohibition, which did not seem to have scientific basis, and had reiterated that concern in 2011. Despite several bilateral meetings since then, import restrictions on poultry meat remained. Brazil submitted specific questions on Indonesia's recently enacted regulations in the context of the difficulties faced by Brazil's poultry meat exporters in general, and chicken meat exporters in particular, and requested that Indonesia confirm that the new regulations did not provide for legal restrictions to poultry imports. Furthermore, Brazil requested Indonesia to provide an exhaustive list of regulations applicable to imports of poultry, and explain the reasons for delays in the approval procedures of health certificates for poultry meat.
Indonesia reiterated that, in principle, it did not prohibit poultry meat imports provided safety and halal food requirements were met. Revised regulations setting out the requirements for poultry meat imports rules had been approved in 2013. Under the revised legislation, exporting countries must be free from highly pathogenic avian influenza (HPAI), Newcastle disease, and duck viral hepatitis, for a period of at least 90 days. The exporting poultry establishments must also implement a halal food system, which meant that the establishment exclusively produced halal products. The halal requirement applied to all slaughterhouses in the country of origin and imports of poultry products must pass the document inspection and field certification on the implementation of animal health systems and safety assurance for animal products, both at the level of establishments and country of origin. Indonesia assured that it would continue to work closely with Members to overcome this issue.
In accordance with the provisions of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Brazil requested consultations with Indonesia on 16 October 2014 (WT/DS484/1). The Dispute Settlement Body (DSB) established a panel on 3 December 2015 (WT/DS484/9). Panel proceedings are ongoing.
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