STC Number - 166
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Import measures on live animals and meat products

Maintained by: Croatia
Raised by: Hungary
Supported by: European Union
First date raised: June 2003 G/SPS/R/30 paras. 28-31
Dates subsequently raised: October 2003 (G/SPS/R/31 paras. 132-134)
Number of times subsequently raised: 1
Relevant documents: G/SPS/GEN/416 WT/DS297/1; WT/DS297/2
Products covered: 01 Live animals; 02 Meat and edible meat offal
Primary subject keyword: Animal Health
Keywords: Animal health; Food safety; Human health; Sufficiency of scientific evidence; Zoonoses; Transmissible Spongiform Encephalopathy (TSE)
Status: Resolved
Solution: Dispute settlement DS297. Consultations requested on 9/07/2003 (WT/DS297/1). Mutually agreed solution notified on 30/01/2009 (WT/DS297/2).
Date reported as resolved: 30/01/2009

Extracts from SPS Committee meeting summary reports

In June 2003, the representative of Hungary expressed serious concern with measures taken by Croatia to ban imports of live animals and meat products. The ban, which was supposedly to provide protection against BSE, had entered into force with immediate effect and was never notified. The ban, however, applied to all meat products, including fish and poultry, as well as live animals. These could only be imported if the exporting country certified that no animal protein had been used as feed. Hungary considered that the ban was a disguised restriction on international trade, in violation of the SPS Agreement, since there was no scientific justification for the measures and since it did not apply to domestic producers. Hungary requested the immediate lifting of the measure.

The representative of the European Communities expressed support for Hungary's concerns and characterized the ban as scientifically unfounded and out of proportion. The European Communities had requested information from Croatia, but no reply had been received. The European Communities also requested the immediate lifting of the ban.

The representative of Croatia expressed regret about the position of Hungary and the European Communities. Croatia had imposed the measure in order to keep its present status as a BSE-free area and in order to protect its exports of meat products. The measures taken were in accordance with established international rules and with the measures taken by the European Communities. Countries which had provided the necessary information had been exempted from the ban (e.g., Bulgaria and Romania). Croatian authorities had undertaken telephone consultations with the Hungarian authorities and had requested Hungary to submit the necessary information.

The representative of Hungary took note of Croatia's statement but indicated that bilateral contacts did not replace a notification.

In October 2003, the representative of Hungary expressed serious concern with measures taken by Croatia to ban imports of live animals and meat product. The ban had been in place since 24 June 2003, supposedly as a protection against BSE. The ban was applied to all meat products, including fish and poultry, as well as live animals. Hungary requested the prompt removal of the ban.

The representative of Croatia took note of the statement by Hungary and stated that there had been meetings between veterinarians from Hungary and Croatia at which steps had been agreed to try and resolve the issue.

The representative of the European Communities supported the comments made by Hungary. He noted that the statement made by Croatia at the June meeting and circulated in the document G/SPS/GEN/416, in which Croatia claimed its measure was consistent with EC legislation, was inaccurate. EC legislation did not prohibit imports.