STC Number - 294

Import restrictions on plant and plant products

Maintained by: Malaysia
Raised by: Brazil
Supported by: Japan
First date raised: March 2010 G/SPS/R/58, paras. 25-27
Dates subsequently raised: October 2015 (G/SPS/R/81, paras. 3.59-3.60)
Number of times subsequently raised: 1
Relevant documents: Raised orally.
Products covered: 06 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Primary subject keyword: Plant Health
Keywords: Plant health
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In March 2010, Brazil expressed concerns related to Malaysia's import restrictions on plants and plants products due to a regulation on South American leaf blight disease. Brazil considered that the regulation did not have a scientific justification. Malaysia's import restrictions were apparently based on a provision in the constitutive of the Asia and Pacific Plant Protection Commission (APPPC) on South American leaf blight disease. However, other parties to the APPPC did not apply this provision to Brazil. A representative of FAO conducted a pest risk analysis to verify whether the South American leaf blight disease represented a risk to Malaysia, but no risks had been identified. Therefore, Brazil requested that Malaysia allow the importation of plants and plants products from Brazil.
Japan observed that the trade restriction was also a concern for Japan. Japan recognized the efforts of the APPPC to amend its regulation so as to be consistent with the SPS Agreement.
Malaysia indicated that it had not received any information from Brazil in advance of the meeting and, thus, could not consult with his technical officials. Malaysia invited Brazil to send its concern in writing so a response could be provided.

In October 2015, Brazil again raised concerns related to Malaysia's import restrictions on plants and plant products due to a regulation on South American leaf blight disease. Since 2010, when the issue had been raised for the first time, the measure had remained unchanged on the basis that it was consistent with Asia and Pacific Plant Protection Commission (APPPC) phytosanitary standards. Brazil recalled that the regulation had no scientific justification and increased exporting costs through unnecessary laboratory analysis. In 2009, FAO had completed a pest risk analysis and no risks to Malaysia had been identified. A bilateral meeting had been held in the margins of the Committee meeting and would be followed by another one in Kuala Lumpur.
Malaysia reported that it was reviewing import conditions on South American leaf blight disease and welcomed its bilateral discussions with Brazil on this matter.