STC Number - 37

Actions taken by local governments

Maintained by: United States of America
Raised by: Chile
Supported by:
First date raised: October 1997 G/SPS/R/9/Rev.1 (EN), para. 47; G/SPS/R/9 (FR, ES), para. 47
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: Raised orally; RD/SPS/114
Products covered: 06 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage
Primary subject keyword: Plant Health
Keywords: Control, Inspection and Approval Procedures; Plant health
Status: Resolved
Solution: In October 2013, information was received from Chile on the resolution of this concern (RD/SPS/114, of 29 October 2020).
Date reported as resolved: 16/10/2013

Extracts from SPS Committee meeting summary reports

In October 1997, the representative of Chile noted that some legal actions and decisions taken by local governments could disrupt trade flows and even jeopardize the functioning of the SPS Agreement. In one instance, Californian judges had requested the US Department of Agriculture to undertake an environmental analysis before accepting imports of goods. In another instance, after Chilean phytosanitary authorities had taken a decision regarding the entry of weeds, they were threatened to be subject to legal proceedings initiated by the exporting country, unless the exporting country was declared a "low-risk" or a "zero-risk" country. Another related issue concerned the need for the streamlining or reform of national regulatory frameworks. As many as 5 signatures were sometimes required to clear the entry of goods into a territory.

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 Chile 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.