STC Number - 213
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Restrictions on beef imports

Maintained by: Japan
Raised by: European Union; United States of America
Supported by:
First date raised: March 2005 G/SPS/R/36/Rev.1 (EN), paras. 30-31; G/SPS/R/36 (FR, ES), paras. 30-31
Dates subsequently raised: June 2005 (G/SPS/R/37/Rev.1 (EN), paras. 53-55; G/SPS/R/37 (FR, ES), paras. 53-55)
October 2005 (G/SPS/R/39 paras. 43-45)
March 2006 (G/SPS/R/40 paras. 46-47)
Number of times subsequently raised: 3
Relevant documents: Raised orally
Products covered: 0201 Meat of bovine animals, fresh or chilled.; 0202 Meat of bovine animals, frozen.
Primary subject keyword: Animal Health
Keywords: Animal health; Food safety; Human health; Zoonoses; Bovine Spongiform Encephalopathy (BSE)
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In March 2005, the Ambassador of the United States emphasized the United States' extraordinary concerns regarding Japan's continuing restrictions on US beef based on the detection, in December 2003, of a single case of BSE in an imported cow. She recalled the United States' ongoing cooperation with Japan, over the past 14 months, to resolve all scientific and health concerns about the safety of US beef. The October 2004 bilateral agreement on a framework to allow the resumption of US beef exports to Japan required the United States to provide all the scientific information requested by Japan and to allow access for Japanese technical officials to US facilities. Effective firewalls had been in place for many years to prevent the establishment and spread of BSE within the United States, that in response to the single case of BSE, the United States had implemented several additional regulatory measures to further strengthen existing safeguards, had completed a comprehensive epidemiological investigation and taken many other actions described in paragraphs 10 to 14 above, and given that there had been no indigenous cases of BSE reported, there was sufficient scientific evidence for Japan to immediately remove restrictions on US beef and beef products. . She concluded by strongly encouraging Japan to act immediately to remove these restrictions.

The representative of Japan indicated that the BSE issue was a challenge equally shared by exporters and importers. Despite these difficulties, Japan had addressed the US beef issue as one of the most important policy agenda items for the Japanese government. He recalled that in October 2004, Japan and the United States had agreed on a framework to resume the two-way trade in beef, subject to their respective domestic approval processes including deliberation by their food safety commissions. The Japanese food safety commission, an independent risk assessment entity, was now conducting this risk assessment on domestic BSE measures and after its completion, based on the conclusions of the assessment, risk management entities would assess the risk of US beef imports.

In June 2005, the representative of the United States emphasized that the issue of Japan's restrictions on beef imports was of considerable urgency as Japan was a vital market for US beef, valued at over 1.7 billion dollars annually. This issue had been the subject of numerous bilateral discussions. Over the past 17 months, the United States had provided Japan with extensive technical information on all aspects of its BSE-related protection measures, internationally recognized as effective and appropriate, for both food safety and animal health. Japan had not provided any scientific justification for these measures which went beyond the relevant international standards. The United States appreciated Japan's recent proposal to exempt cattle younger than 21 months of age from testing and the current review of the proposed changes to the import regulation by Japan's Food Safety Commission. However, the United States stressed that according to the revised OIE standards, the recent detection of one BSE-infected animal blocked from the food and feed chain could not be used as an excuse to restrict imports of US beef products. The United States urged the Food Safety Commission to complete its review expeditiously.

The representative of the European Communities recalled that the revised OIE standard provided for deboned skeletal muscle meat to be safely traded under certain conditions regardless of the BSE status of the exporting country. The European Communities therefore invited Japan to replace its import ban with specific requirements in accordance with OIE standards.

The representative of Japan reported that Japan's Food Safety Commission had completed the risk assessment on domestic beef on 6 May 2005 and was now carrying out the risk assessment on US beef. Japan was now hoping for the expeditious settlement of this issue.

In October 2005 and February 2006, the representative of the European Communities reported that Japan had recently reopened its market for beef exports from certain EC member States, but in accordance with Articles 2.3 and 3.3 of the SPS Agreement, Japan should reopen its market to bovine products from all EC member States. He indicated that the protective BSE measures, including the implementation and enforcement of the feed ban, the removal of specified risk materials and the elaboration of an identification, registration and traceability system for bovines and their products able to warrantee the age of each bovine, could fully satisfy the safety of consumers anywhere in the world.

The representative of the United States noted that Japan had reopened its market for some US beef products but maintained scientifically unjustified restrictions on other products, inconsistent with international standards. The United States encouraged Japan to remove its restrictions on all US beef exports in light of the information provided earlier.

The representative of Japan mentioned that numerous countries still suspended beef imports from BSE-infected countries and that international standards on BSE changed every year. Last year, Japan had carried out a risk analysis and decided to reduce its beef imports from a few BSE-affected countries. Japan would manage the BSE issue on the basis of risk analysis and hoped that EC concerns could be resolved through technical consultations with EC member States.

In March 2006, the representative of the European Communities indicated that despite bilateral efforts following the consideration of this issue at the last SPS Committee meeting, progress on this issue had not been satisfactory. In the light of favourable developments of the disease situation in the European Communities and due to recent changes in the OIE Terrestrial Animal Health Code chapter on BSE, it was time for Members to implement international standards for BSE. The European Communities could satisfy Japan's requirements related to the feed ban and its enforcement; the removal of specific risk materials; and an effective system of identification and registration and traceability for bovines and their products. Japan had denied the EC request to perform BSE risk assessments for interested EC member States, in contravention of Articles 2.3 and 3.3 of the SPS Agreement. The European Communities invited Japan to review its ban on imports of EC beef on the basis of a risk assessment and noted that useful discussions had been held just prior to the meeting.

The representative of Japan indicated that BSE posed a great challenge for his country. Japan had decided in January 2006 to hold technical consultations between experts from Japan and from those EC member States interested in exporting beef to Japan