STC Number - 145
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Import restrictions on chicken meat imports

Maintained by: Honduras
Raised by: Costa Rica
Supported by: Argentina; Chile; Thailand
First date raised: November 2002 G/SPS/R/28 paras. 22-27
Dates subsequently raised: April 2003 (G/SPS/R/29 paras. 63-64)
Number of times subsequently raised: 1
Relevant documents: G/SPS/GEN/362 G/SPS/GEN/363 G/SPS/N/HND/3 G/SPS/GEN/347/Rev.1 G/SPS/GEN/347/Rev.1/Add.1 RD/SPS/114
Products covered: 0207 Meat and edible offal, of the poultry of heading 01.05, fresh, chilled or frozen.
Primary subject keyword: Animal Health
Keywords: Animal health; Equivalence; Food safety; Human health; International Standards / Harmonization; Risk assessment; Sufficiency of scientific evidence; Territory protection; Zoonoses
Status: Resolved
Solution: In October 2013, information was received from Costa Rica on the resolution of this STC (RD/SPS/114, of 29 October 2020).
Date reported as resolved: 16/10/2013

Extracts from SPS Committee meeting summary reports

In November 2002, the representative of Costa Rica reported that in March 2002, Honduras had applied import restrictions on poultry meat from Costa Rica admitting imports of poultry meat only from countries whose avian health status was equivalent to its own. In other words, Honduras allowed poultry imports only from countries that were free from avian influenza, avian infectious laryngotracheitis, Newcastle disease and avian salmonellosis. The representative of Costa Rica presented the technical and legal arguments in support of his country's objection over Honduras' import restrictions on chicken meat, and noted that Costa Rica's avian health status was in line with the parameters recognized by the OIE. Costa Rica asserted that its poultry meat exports did not constitute a risk for the avian health status of Honduras, and formally requested the Honduran authorities to withdraw the restriction on the entry of poultry meat from Costa Rica. Details of the presentation by Costa Rica are contained in G/SPS/GEN/347/Rev.1.

The representatives of Argentina, Chile and Thailand supported the concerns expressed by Costa Rica. The representative of Chile noted that it was clear that there were problems with trade in poultry meat, and indicated that further work needed to be undertaken by the OIE in this area, in order to facilitate the movement of poultry meat world-wide. Chile requested information from the OIE on this issue, in particular concerning standards for the transmission of different avian diseases through fresh poultry meat. Chile also requested a copy of the risk assessment carried out by Honduras.

The representative of Honduras presented the Committee with background information on his country's decision to impose import restrictions on chicken meat imports from Costa Rica. He noted that the Agriculture and Livestock Secretariat had developed a national programme for the prevention, control and eradication of avian diseases, including avian influenza, avian infectious laryngotracheitis, Newcastle disease and avian salmonellosis. This programme had been notified to all WTO members in document G/SPS/N/HND/3. In October 2001, Honduras had notified that it had achieved free status for the four avian diseases mentioned above. Honduras had requested that Costa Rica, as well as other countries, provide the necessary documentation that guaranteed equivalence between the countries' avian health status, as well as access for technical experts to carry out the relevant inspections. His authorities had determined that the poultry health programmes of Costa Rica was not equivalent because they had been unable to carry out the relevant inspections and obtain the necessary technical information requested from Costa Rica. Honduras requested official documentation from Costa Rica regarding their claim (in G/SPS/GEN/347/Rev.1) that Honduras had recognized Costa Rica as a country free from Newcastle disease and avian influenza, and that Costa Rica was therefore in a position to export poultry meat to international markets.

The representative of the OIE recalled that OIE standards existed for three of the diseases under discussion: avian infectious laryngotracheitis, avian salmonellosis, and Newcastle disease, and for the highly pathogenic form only of avian influenza. The OIE standards for avian infectious laryngotracheitis and avian salmonellosis contain recommendations only for live birds, for day-old chicks, and for hatching eggs but no recommendations for poultry meat. In other words, at present there are no official OIE standards for poultry meat for these two diseases. He added that these chapters had not been reviewed for some time. The lack of a standard concerning poultry meat could mean either that there were no risks associated with trade in poultry meat for these diseases, or that the OIE had not come out with a recommendation on poultry meat which meant that trading partners would be expected to negotiate between themselves using risk analysis in order to reach science based conclusions. In the absence of an official OIE standard, the OIE had replied to a request from the Director of Animal Health in Costa Rica that there was no scientific evidence indicating that avian infectious laryngotracheitis or avian salmonellosis could be transmitted through poultry meat. He stressed that this was not an official OIE standard but a scientific opinion from the OIE. If there was sufficient trade disruption due to the lack of an OIE standard for poultry meat for these diseases, the OIE would include updating these standards in its future work programme.

The representative of Costa Rica recognized Honduras' efforts to improve its sanitary situation, but noted that was not the issue that was under discussion. Under discussion was whether the measure was scientifically justified and whether Honduras had carried out a relevant risk analysis. He drew attention to the statement made by the representative of the OIE that there was no scientific evidence proving that the avian diseases under discussion could be transmitted through poultry meat. In this regard, it would be to the benefit of all if Honduras shared its scientific evidence with other members of the organization. The representative of Costa Rica added that Honduras was trying to reverse the burden by insisting that Costa Rica demonstrate its disease free status regarding these four avian diseases. He requested Honduras to respond to the questions contained in G/SPS/GEN/347/Rev.1, and reiterated his country's request that Honduras lift the measure.

The representative of Honduras clarified that there were four avian diseases under discussion. The scientific evidence requested by Costa Rica was contained in the OIE Bulletin, N° 6, pages 810 to 815 and would be provided to the Committee. Honduras welcomed the updating of standards by the OIE.

In April 2003, the representative of Costa Rica noted that bilateral consultations were progressing between the Costa Rican and Honduran health authorities and that he would keep the Committee informed of progress in this regard (G/SPS/GEN/347/Add.1).

The representative of Honduras reported that after the November 2002 meeting of the SPS Committee, an agreement was reached on progress towards re-establishing trade of poultry meat and allied products from Costa Rica.

In October 2013, the Secretariat informed that in September 2013 it had contacted all Members who had raised specific trade concerns (STCs) that had not been discussed in the previous year, to request an update on their status. In furtherance of this request, information was received from Costa Rica on the resolution of this STC. In November 2020, the Secretariat indicated that the information received had been circulated in document RD/SPS/114, of 29 October 2020, and that the SPS IMS would be updated on this basis, using the date of the October 2013 SPS Committee meeting as the date of resolution of the relevant STCs.