STC Number - 12

Testing requirements for different varieties of apples, cherries and nectarines

Maintained by: Japan
Raised by: United States of America
Supported by:
First date raised: October 1996 G/SPS/R/6, paras. 11-12
Dates subsequently raised: March 1997 (G/SPS/R/7, para. 57)
July 2001 (G/SPS/R/22, para. 127)
Number of times subsequently raised: 2
Relevant documents: G/SPS/GEN/265, WT/DS76/R, WT/DS76/AB/R, WT/DS76/12
Products covered: 0808 Apples, pears and quinces, fresh.; 0809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh.
Primary subject keyword: Plant Health
Keywords: Good Offices/Consultations/Dispute Settlement; Plant health; Provisional Measures; Sufficiency of scientific evidence
Status: Resolved
Solution: Consultations requested on 7/04/1997 (WT/DS76/1). Panel established on 18/11/1997. Appellate Body report (WT/DS76/AB/R) and Panel report (WT/DS76/R) adopted on 19/03/1999. Mutually satisfactory solution notified on 23/08/2001 (WT/DS76/12).
Date reported as resolved: 01/07/2001

Extracts from SPS Committee meeting summary reports

In October 1996, the United States reported that, under a 1995 bilateral agreement, Japan allowed two varieties of US apples into its market. US suppliers had to conduct lengthy and expensive tests to demonstrate that combined treatment of methyl bromide and cold storage was effective in killing codling moths on both varieties. These and other tests had demonstrated that the effectiveness of this treatment did not vary among different varieties of fruit. Nevertheless, Japan continued to block the introduction of new varieties of US fruit by requiring such redundant testing. The United States had formally initiated a consultation process with Japan under Article 5.8 of the SPS Agreement. Japan indicated that the formal exchange would be followed by a clarification process involving technical experts until a solution was reached based on scientific principles. In March 1997, the United States indicated it was reviewing new information provided by Japan. Japan noted that bilateral efforts would continue in order to reach a solution.
In a document introduced in July 2001, the United States indicated that despite extensive consultations with Japan, the United States was still awaiting implementation of the Panel decision (G/SPS/GEN/265). A mutually satisfactory solution was notified in August 2001.