STC Number - 391

Malaysia's import restrictions related to approval of poultry meat plants

Maintained by: Malaysia
Raised by: Brazil
Supported by:
First date raised: July 2015 G/SPS/R/79, paras. 3.7-3.8
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: Raised orally
Products covered: 0207 Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen.
Primary subject keyword: Other concerns
Keywords: Control, Inspection and Approval Procedures; Undue delays
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In July 2015, Brazil raised concerns regarding the Malaysian Government's delays in approving Brazilian poultry meat export plants and the lack of definition of the applicable international sanitary certification. Brazil had been negotiating access to the Malaysian poultry meat market since 2010, and had not received a mission from Malaysia to audit Brazilian plants before March 2014. Since then, the Brazil had only received a feedback about one establishment. According to Brazil, this situation was in breach of paragraph 1(a) of Annex C of the SPS Agreement. Brazil had also proposed an international sanitary certificate to support its exports of poultry meat, but Malaysia had provided no answer to this request. Malaysia had not presented scientific evidence for the lack of approval of the audited facilities. The final audit report and the response to the proposed certificate had also been unduly delayed. Brazil affirmed that the Malaysian measure did not comply with the provisions of Articles 2 and 5 of the SPS Agreement since it resulted in arbitrary and unjustified discrimination between Members and in disregard of the objective of minimizing negative trade effects. The measure was also inconsistent with the provisions on control, inspection and approval procedures contained in Article 8 and Annex C of the SPS Agreement, as it created undue and unnecessary delays in the opening of the Malaysian market. Therefore, Brazil requested the Malaysian authorities to approve the Brazilian poultry meat export plants and to react to the proposal made by Brazil regarding the international sanitary certificate.

Malaysia replied that, as mentioned by Brazil, there had been an inspection. The result had been communicated to Brazil, one plant had been approved, and three had been rejected because they failed to comply with the Malaysian halal standard. Malaysia encouraged the Brazilian Embassy to send a written request to the Malaysian veterinary services.