STC Number - 244

Importation of live animals and meat products

Maintained by: Indonesia
Raised by: Brazil
Supported by: Argentina; Australia; New Zealand
First date raised: October 2006 G/SPS/R/43, paras. 17-21
Dates subsequently raised: February 2007 (G/SPS/R/44, paras. 30-31)
Number of times subsequently raised: 1
Relevant documents: G/SPS/N/IDN/30
Products covered: 01 Live animals; 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates
Primary subject keyword: Animal Health
Keywords: Animal health; Human health; International Standards / Harmonization; Risk assessment; Zoonoses
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In October 2006, Brazil expressed concern regarding Indonesia's Government Regulation 82/2000 applicable to quarantine import procedures for animals and related products. Brazil noted that Regulation 82/2000 did not comply with the regionalization provisions of Article 6 of the SPS Agreement or with Chapter 1.3.5 of the OIE Territorial Animal Health Code as it did not take into account the sanitary characteristics of the areas from which the products originated, but required the whole territory of an exporting country to be free of any diseases that were not present in Indonesia. As a result of Indonesia's regulation, Brazil was frequently facing import restrictions on a broad variety of its products on the basis of the food-and-mouth disease (FMD), even from FMD free zones. In particular, there was no scientific justification for import restrictions on goods which could not under any circumstance transmit the FMD agent, meat products submitted to treatments which were internationally recognized as capable of inactivating the FMD virus, and restrictions on heat-treated vegetable products. These unjustified import restrictions resulted in huge financial losses. Brazil urged Indonesia to adopt national protection levels based on risk assessments, taking into account the relevant provisions of the SPS Agreement and OIE standards.
Argentina, Australia and New Zealand expressed similar concerns regarding Indonesia's draft Regulation (G/SPS/N/IDN/30) on the importation of meat products. They indicated their intentions to submit comments on the draft regulation before the comment deadline. Argentina urged Indonesia to adjust its risk analysis to the OIE standards, while New Zealand further noted that Indonesia had not indicated in its notification when the draft Decree might be adopted. They encouraged Indonesia to work with other Members to address their concerns before adopting the draft Decree.
Indonesia reported that with regards to the importation of live animals and meat products, Indonesia had been conducting a review of its legislation and would soon notify to the WTO a new decree on import of meat of various types of species. The new regulation replaced the existing regulation (Decree 745/1992) on the requirements for meat importation. One of the eventual requirements for countries to be eligible to export meat and meat products intended for human consumption to Indonesia was their FMD free status. Recognition of the disease-free status would be based on an OIE declaration. A further requirement for FMD-free countries to export meat to Indonesia would be a desk audit and on-site audit to be carried out by the Director General of Livestock Services (DGLS). In relation to animal importation, existing regulations would remain in effect.
With regards to BSE, Indonesia stated that the requirements for the importation of live ruminants and ruminant products from countries or zones declared as negligible BSE risk by the OIE had been set out in a new decree. In principle, under the new regulation, live ruminants and ruminant products from countries or zones declared as negligible BSE risk by the OIE were allowed to be imported to Indonesia. Imports of meat and meat products from BSE-risk countries were prohibited. However, there were exceptions that included meat and meat products originating from de-boned meat as specified in Article 2.3.1.3.1 of OIE Code. The additional requirements to export meat and meat products to Indonesia were that such commodities should have originated from an establishment approved by the DGLS and that also met the healthy food requirement of Indonesia.
The OIE clarified that Article 1 of the BSE chapter contained a list of safe commodities that were judged to present no BSE risk no matter the BSE status of the exporting country. This included de-boned skeletal muscle meat that could be imported from a country irrespective of its BSE status.
In February 2007, Brazil reiterated its concerns with Indonesia?s lack of recognition of regionalization. Indonesia had indicated that its legislation was under revision, and was being harmonized with the OIE standards and SPS requirements, as notified in G/SPS/N/IDN/30. However, Brazil?s analysis of the revision concluded that Indonesia still would not recognize regionalization for FMD and other animal diseases. Brazil had raised its complaint in October 2006, before the end of the comment period provided, but Indonesia's Enquiry Point had never provided answers to the issues raised. Brazil urged Indonesia to ensure the full application of Article 6 of the SPS Agreement and the OIE standards for zoning. The establishment of national protection levels and measures must be based on risk assessments, in accordance with the SPS Agreement.
Indonesia recalled that FMD was a very sensitive matter for Indonesia, due to its climate and the outbreak that had occurred five years ago. Article 3.3 of the SPS Agreement permitted Members to impose requirements that went beyond the international standards. Indonesia had to apply a maximum standard in this case, and this would be applied until exporting countries had been declared FMD free by the OIE. Indonesia was looking to continue consultations with Brazil on this issue.