STC Number - 8
  Generate document   Go back   New search

Ban on salmon imports

Maintained by: Australia
Raised by: Canada; United States of America
Supported by:
First date raised: October 1996 G/SPS/R/6 paras. 13-15
Dates subsequently raised: March 1997 (G/SPS/R/7 para. 58)
Number of times subsequently raised: 1
Relevant documents: G/SPS/N/AUS/3 WT/DS18/1; WT/DS18/2; WT/DS18/AB/R; WT/DS/18/R; WT/DS18/13; WT/DS18/RW; WT/DS21/1; WT/DS21/10
Products covered: 03 Fish and crustaceans, molluscs and other aquatic invertebrates
Primary subject keyword: Animal Health
Keywords: Animal health; Good Offices/Consultations/Dispute Settlement; Risk assessment; International Standards / Harmonization
Status: Resolved
Solution: Dispute settlement DS18. Consultations requested by Canada on 5/10/1995 (WT/DS18/1). Panel established on 10/04/1997 (WT/DS18/2). Appellate Body report (WT/DS18/AB/R) and Panel report (WT/DS18/R) adopted on 6/11/1998. Suspension of concessions authorized on 24/12/1998. Request for Arbitration 3/08/1999 (WT/DS18/13). Mutually agreed solution notified on 18/05/2000 (WT/DS18/RW). Dispute settlement DS21. Consultations requested by the United States on 17/11/1995 (WT/DS21/1). Mutually agreed solution notified on 27/10/2000 (WT/DS21/10).
Date reported as resolved: 27/10/2000

Extracts from SPS Committee meeting summary reports

In October 1996, the representative of the United States reported that Australia maintained a ban on North American fresh, chilled or frozen ocean salmon on the grounds that imports might transmit diseases and pathogens to Australian fishery stocks. In 1994, following technical consultations and extensive visits by Australian experts to North American fisheries and production sites, Australia published a draft risk assessment paper which indicated that there was little risk from imported North American salmon. However, Australia did not adjust its measures to reflect the results of that assessment, but instead undertook another risk assessment which was completed in May 1996. This second risk assessment again demonstrated the lack of a scientific basis for maintaining the ban. Australia, however, indicated that the final report would be published by the end of 1996. In accordance with the provisions of the SPS Agreement, the expectations of the United States were that the final determination would result in a lifting of the ban. The issue of harmonization with international standards was also relevant in this case, as the salmon prevented from entering the Australian market complied with existing OIE standards.

The representative of Australia indicated that, on the basis of requests from the United States and Canada to reconsider the Australian quarantine legislation on uncooked salmon, in late 1994, Australia sent a technical mission comprising experts from government and industry to North America. In accordance with Article 5:7 of the SPS Agreement, the mission's objective was to seek the information necessary to conduct a more objective assessment of risks, so that the sanitary measure could be reviewed. In May 1995, a draft report on risk analysis was published and notified to WTO Members in G/SPS/N/AUS/3. The large number of comments received on this draft had led Australia to conclude that it was necessary to revise its import risk analysis. A revised draft import risk analysis was released on 28 May 1996. Over 60 days were allowed for public comment, and this time, thirty four submissions (including from the United States and Canada) were received. After evaluation of these inputs, the revised draft import risk analysis was updated. The conclusions of this process would be announced by the end of 1996. The United States and Canada had been kept fully informed of the timetable of this process. The representative of Australia further noted that the relevant OIE standard did not meet Australia's acceptable level of protection.

The representative of Australia added that the import risk analysis in this case was considered to be one of the most technically complex import risk analysis ever performed in Australia. As many as twenty four diseases of salmonids which were of concern to Australia were identified. Information on each of these diseases was collected, and the risk associated with each was assessed. An economic analysis was also conducted to assess the potential impact of disease imported with salmon upon the relevant domestic industries, including the agriculture and tourism industries based around fishing salmonids.

In March 1997, the representatives of Canada and the United States noted their concern that Australia had decided to maintain its ban on imports of fresh, chilled and frozen salmon on the basis of a second risk assessment. US authorities were in the process of reviewing the risk assessment, but remained unconvinced. Canada had formally requested the establishment of a panel in the Dispute Settlement Body (20 March 1997), but the request had not been accepted by Australia. The representative of Australia reiterated that the risk assessment undertaken was one of the longest and most intensive scientific risk assessments ever performed by Australia. It had been published and was available for those interested.