STC Number - 377

Brazil's regulation on international certificates for fish and fishery products

Maintained by: Brazil
Raised by: China
Supported by:
First date raised: July 2014 G/SPS/R/75 paras. 4.13-4.14
Dates subsequently raised:
Number of times subsequently raised: 0
Relevant documents: G/SPS/N/BRA/901/Rev.2 RD/SPS/114
Products covered: 03 Fish and crustaceans, molluscs and other aquatic invertebrates
Primary subject keyword: Animal Health
Keywords: Animal health; Control, Inspection and Approval Procedures; Food safety; Undue delays
Status: Resolved
Solution: In October 2020, information was received from China on the resolution of this STC (RD/SPS/114, 29 October 2020).
Date reported as resolved: 05/11/2020

Extracts from SPS Committee meeting summary reports

In July 2014, China raised its concerns regarding Brazil's regulation on international certificates for fish and fishery products. Brazil's regulation standardized international certificates for fish and fishery products exported to Brazil and required all countries, except Argentina, Canada, Chile and Uruguay, to provide certificates for these food products. The entry into force of the regulation had been notified on 1 January 2014, however, the new version of the certificate was only circulated by Brazil on 21 January 2014. On receipt of the sample certificate, China had requested Brazil to grant a transitional period for the replacement of the certificate with the additional suggestion that the old certificate remain valid before both parties confirmed the new certificate. The request for a transitional period refused was refused, but Brazil had agreed that detained goods would be cleared if the old certificate were replaced. In April 2014, China issued a new certificate for the goods at the Brazilian ports, however, 170 batches of goods bearing the new certificate were retained at the port. China urged Brazil to grant a transitional period for the replacement of its old certificate and to promptly allow the clearance of the batch of detained goods.

Brazil indicated that it would not be able to provide a detailed response as they had been informed of this trade concern at a short notice. Additional information had been requested from China to assist Brazil in identifying the problem. However, based on initial information received from its authorities, and subject to further verification, the list of 170 detained goods was outdated. Brazil indicated its commitment to resolve the issue and requested China to provide the relevant details, including the number of detained goods and the reasons identified for the detention of the goods.

In November 2020, the Secretariat informed that in September 2020 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 China on the resolution of this STC. 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 November 2020 SPS Committee meeting as the date of resolution of the relevant STCs.