STC Number - 305

Import restrictions on beef and recognition of the principle of regionalization

Maintained by: Indonesia
Raised by: Brazil
Supported by:
First date raised: October 2010 G/SPS/R/61, paras. 15-16
Dates subsequently raised: March 2011 (G/SPS/R/62, paras 41-42)
October 2011 (G/SPS/R/64/Add.1, paras 1-2)
Number of times subsequently raised: 2
Relevant documents: Indonesia's Regulation 82/200, G/SPS/N/IDN/40 and 43
Products covered:
Primary subject keyword: Animal Health
Keywords: Animal health; Human health; Pest or Disease free Regions / Regionalization
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In October 2010, Brazil expressed concerns over Indonesia's Regulation 82/200, which did not seem to comply with Article 6 of the SPS Agreement. Indonesia had notified revisions to the law which would have permitted recognition of disease-free regions, and the authorities had engaged in bilateral discussions regarding imports of meat from Brazil. In August 2010, however, the Indonesian courts had annulled that aspect of the legislation. Brazil expected the Indonesian authorities to take all necessary measures to revise the law, and to notify this to the WTO. Brazil already had OIE recognition of its FMD-free status.
Indonesia observed that the country had about 7,000 islands, and it had taken Indonesia almost 100 years to eradicate FMD. The Government had sought to develop regulations that were consistent with international standards, but these had been challenged in the constitutional court. Imports from regions where FMD had not been completely eradicated were therefore prohibited.
In March 2011, Brazil expressed concerns over Indonesia's Regulation 82/200, which did not seem to comply with Article 6 of the SPS Agreement. Indonesia had notified revisions to the law which would have permitted recognition of disease-free regions, and had engaged in bilateral discussions regarding imports of poultry meat from Brazil. In August 2010 however, Indonesian courts had cancelled that aspect of the legislation, and on 18 November 2010, Indonesia had submitted a notification (G/SPS/N/IND/43) which did not recognise the principle of regionalisation and forbade the import of poultry meat.
Indonesia noted that it had taken Indonesia a hundred years to completely eradicate Foot and Mouth Disease, and therefore the decision to amend the import regulations on animal and animal products from zone-based to country-based was meant to protect Indonesia from threats posed by countries which had had FMD. Indonesia had sought to develop regulations that were consistent with international standards, but these had been challenged in the constitutional court. Imports from regions where FMD had not been completely eradicated were therefore prohibited.
In October 2011, Brazil recalled that it had raised this concern in numerous occasions, in the Committee and during bilateral meetings. Brazil requested that Indonesia take the necessary measures to guarantee the recognition of the principle of regionalization. In April 2009 Indonesia had notified to the WTO (G/SPS/N/IDN/40) the Law n°18/2009 which, if enforced, would have allowed recognition of Food-and-Mouth Disease-Free Zones. In August 2010 however, Indonesian courts had cancelled that aspect of the legislation, and on 18 November 2010, Indonesia had submitted a notification (G/SPS/N/IND/43) which did not recognize the principle of regionalization and which prohibited imports of meat from FMD-free zones. Brazil noted that the regulation had come into force as Decree 50/Permentan/OT.140/9/2011, and that the final text did not modify the import system for meats. Hence despite OIE standards, Indonesia still did not recognize the regionalization principle and prohibited the importation of meat from FMD Free Zones. Brazil asked that Indonesia take all necessary measures to guarantee the revision of Decree 50/Permentan/OT.140/9/2011, in order to comply with multilateral rules.
Indonesia replied that the issue had been discussed extensively during bilateral meetings. Indonesia noted that in the Law n° 18/2009, the import regulations on animal and animal products had been amended from zone-based to country-based to protect Indonesia from threats posed by countries which had FMD. With regards to the sanitary requirements for the import of live cattle, beef and its by-products, imports could only originate from a country with a disease-free status. Indonesia noted that it was considering a new revision of its import regulations.