R 031552Z DEC 08
FM USMISSION GENEVA
TO SECSTATE WASHDC 7648
DEPT OF AGRICULTURE WASHINGTON DC
INFO WORLD TRADE ORGANIZATION COLLECTIVE

UNCLAS GENEVA 001051 
 
 
PASS ELECTRONICALLY TO USTR FOR AGR/DOHERTY 
USDA FOR FAS/OSTA; APHIS/MADELL; FSIS/SHARON MCMURTREY 
EMBASSIES FOR FAS, ECON AND USAID OFFICERS 
 
E.O. 12958: N/A 
TAGS: EAGR ETRD USTR WTRO
SUBJECT: OCTOBER 8-9, 2008, WTO SANITARY AND PHYTOSANITARY (SPS) 
COMMITTEE MEETING 
 
¶1. Summary: 
The Forty-Second Meeting of the World Trade Organization (WTO) 
Committee on Sanitary and Phytosanitary (SPS) Measures was held 
October 8-9, 2008. The U.S. delegation was headed by Jane Doherty, 
(USTR), and included Christine Brown (Commerce), Mary Lisa Madell 
(APHIS), Daniella Taveau (EPA), Thomas Westcot (FAS), Ann Ryan 
(State), Debbie Subera-Wiggin and Camille Brewer (FDA), and Sharon 
McMurtrey (FSIS).  On the margins of the meeting, bilateral 
discussions were held with Argentina, Colombia, China, the Dominican 
Republic, Japan, Malaysia, Indonesia, St. Lucia, and Taiwan.  In 
addition, the delegation met with the SPS Quad (U.S., New Zealand, 
Australia, and Canada) and the SPS Trade Quad (U.S., EC, Japan, and 
Canada).  Separate workshops on good practice in SPS-related 
technical assistance occurred October 6.  Two informal meetings 
regarding special and differential treatment and review of the 
agreement were held October 7.  A small working group also met to 
discuss private standards on the sidelines of the meeting.  The 
following summary contains the highlights of the meeting.  For more 
detailed information regarding the events of the meeting, please 
contact Jane Doherty, USTR (jane_doherty@ustr.eop.gov).  End 
summary. 
 
¶2. The United States described the upcoming change in regulatory 
authority over catfish from FDA to USDA. 
 
¶3. For the first time, the United States raised the issue of 
Taiwan's ban on the use of Ractopamine, a veterinary drug used to 
promote porcine growth.  Taiwan responded that many WTO members 
prohibit Ractopamine use and that Codex has not finalized a 
Ractopamine standard. 
 
¶4. The United States intervened again to raise concerns with the 
Japanese pesticide enforcement policy for those maximum residue 
limits (MRLs) that are higher than Japan's.  Under current policy, 
importers are subject to 30 percent testing after one violation from 
the importing country, and 100 percent test and hold after two 
violations from the same country within a year.  New Zealand and 
China supported the U.S. intervention.  Japan suggested that the 
U.S. discuss cases individually at the technical level rather than 
the broader policy on the WTO floor. 
 
¶5. The United States also rose in support of the EC intervention 
against India regarding their import ban on poultry and swine due to 
AI concerns.  India firmly insisted on maintaining its policy 
because of fears that AI strains could mutate, and suggested that 
technical discussions could occur.  The U.S. welcomed the 
suggestion.  The United States said that they would be happy to 
schedule a meeting upon receipt of the long awaited Indian risk 
assessment for review beforehand. 
 
¶6. China continued to raise the issues of U.S. treatment of Chinese 
cooked poultry and apples.  The United States replied that they 
continue to consult with the appropriate authorities regarding the 
review of the Chinese application to export poultry to the United 
States.  On China's request for market access for their apples, the 
United States explained that information regarding the pest risk 
assessment had been requested from China, and that APHIS continues 
to wait for the necessary technical data. 
 
¶7. A small workgroup was formed to discuss private standards 
consisting of the thirty members who responded to the Secretariat's 
July questionnaire.  The Chair suggested that the working group take 
a flexible approach in undertaking its work and commence by 
collecting specific examples where private SPS-related standards 
have had an impact on a country's ability to export products.  This 
idea was supported by all the small group members through consensus. 
 The Secretariat plans to distribute a second questionnaire to all 
Members of the Committee in February with responses due in June. 
The small workgroup will report regularly to the Committee on its 
progress and will determine additional steps as appropriate. 
 
¶8. Argentina and the United States agreed to continue working to 
draft a paper describing a procedure for Ad Hoc Consultations.  The 
United States stressed that the procedure should be flexible and not 
legally binding.  Argentina emphasized the need to make the 
procedure formal enough to differentiate it from informal bilateral 
consultations.  India and the EC asked Argentina and the United 
States if the procedure being developed would conflict with the NAMA 
horizontal mechanism being negotiated as part of the Doha agreement. 
 The United States and Argentina stated their belief that the 
mechanisms would not necessarily conflict.  The Secretariat then 
stated that the horizontal mechanism was still being negotiated and 
the scope had not been fully agreed to by the members.  The members 
agreed to discuss the draft at the February meeting. 
 
¶9. China raised concerns with the new draft standard by the North 
American Plant Protection Organization (NAPPO) that would call for 
Member countries (U.S., Canada, and Mexico) to adopt new measures to 
protect against the Asian Gypsy Moth (AGM).  China voiced its 
concerns that the measures, mostly regarding inspection and 
certification of ships and cargos, were burdensome and expensive. 
Japan, Korea and Indonesia supported China's intervention.  The 
NAPPO members responded that the measures were based on science and 
necessary to protect against the AGM, which is highly invasive, 
destructive, and expensive to eradicate.  The AGM is not indigenous 
to North America.  NAPPO countries invited China and other countries 
to participate in an October NAPPO meeting and voice their 
concerns. 
 
¶10. China informed the Committee regarding the recent melamine 
contamination of its milk supply.  China stated that the 
contamination was accidental and that since September 10, 2008 
increased testing and collaboration among its agencies, including 
100 percent testing had been put in place in order to prevent future 
contamination.  China noted a mandatory recall had been instituted 
for milk products distributed prior to September 10, 2008.  China 
urged countries to lift their import restrictions as soon as 
possible based on the WHO risk assessment published on September 24, 
¶2008. 
 
¶11. Comment:  In the meetings of April, June and October 2008, 
Members exchanged views regarding the implementation of SPS 
Agreement provisions regarding transparency, equivalence, and 
regionalization.  The United States views these exchanges as 
positive developments as they demonstrate a growing familiarity with 
the provisions of the SPS Agreement and increased recognition of the 
value of the SPS Committee as a forum for the Members to discuss 
SPS-related trade issues.  Many Members, including the United 
States, utilized these meetings to raise concerns regarding new and 
existing SPS measures of other Members.  In 2008, the United States 
raised a number of concerns with measures imposed by other Members, 
including India's avian influenza restrictions, Japan's maximum 
residue limit enforcement policies, the European Union's (EU) ban on 
the use of pathogen reduction treatments on imported poultry meat, 
and Taiwan's ban on the use of the growth additive, Ractopamine, in 
porcine.  Further, the United States, with a view to being as 
transparent as possible, informed the SPS Committee of various 
measures, both new and proposed, such as the U.S. Food and Drug 
Administration's proposed Food Protection Plan. 
 
 
Allgeier