. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/113
19 March 1999
(99-1101)
Committee on Sanitary and Phytosanitary Measures Original:  English
RESTRICTION ON THE EXPORT OF BOVINE SEMEN TO INDIA
Submission by the European Communities at the meeting
of 10-11 March 1999
I. BACKGROUND
1. A number of EC member States have asked the Indian Government for information
concerning health import conditions necessary to export bovine semen to India.  Notwithstanding
several bilateral contacts between the relevant governmental authorities, where the parties agreed to
work on the basis of specific pertinent sanitary in formation towards the establishment of transparent
and acceptable import requirements, negotiations are currently at a stalemate.
2. The Indian Government had also mentioned the possibility of holding a seminar on the
specific issue in order to better understand the san itary implications linked to the import of genetic
material and to subsequently establish import conditions based on the latest scientific findings.  The
date of such a seminar has been postponed to a later stage.  In the meantime a de facto  import
prohibition is applied.
3. Bovine Spongiform Encephalopathy (BSE) is apparently the reason behind the import
restriction imposed by India.  The OIE, in the International Code  Chapter 3.2.13.3 concerning BSE,
indicates that no restrictions should be applied whatsoever by an importing country on a number of
products of bovine origin including bovine semen, notwithstanding the health status of the exporting
country.  India chooses not to refer to this OIE guideline as a basis for trade in semen.
4. The SPS Agreement requires Members to base their SPS measures on international standards,
guidelines and recommendations, where these exist.  Article 3 of the SPS Agreement allows Members
to introduce or maintain measures which result in a higher level of protection than would be achieved
by measures based on the relevant international norms, if there is a scientific justification or as a
consequence of the Members' chosen level of protection in accordance with the relevant provision of
the SPS Agreement itself (Article 5, paragraphs 1 through 8).
II. SPECIFIC QUESTIONS
5. Therefore, in the light of the above and in accordance with Article 5.8 of the SPS Agreement,
the European Communities would like to pose to  the Indian authorities the following questions:
(a) Which are the measures1 laying down specific import conditions for bovine semen?
(b) Have these or any relevant modifications been notified to the WTO Secretariat?
                                                     
1Laws, decrees or ordinances which are generally applied (SPS Agreement, Annex B).G/SPS/GEN/113
Page 2
(c) The Indian authorities have chosen not to base their import conditions on the relevant
OIE recommendation.  In consideration of Articles 3.1 and 3.3 of the SPS Agreement,
could India indicate what is the scientific justification behind the import prohibition?
(d) Could India provide the European Communities with comprehensive information
about the risk assessment carried out in accordance with the provision of Article 5.1to justify the relevant measures?
(e) Could India indicate to which extent the provision of Article 2.3 of the SPS
Agreement, requiring Members not to arbitrarily or unjustifiably discriminate
between Members where identical or similar conditions prevail including between
their own territory and that of other Members, is applied?
III. CONCLUSIONS
6. The European Communities appreciate the diffic ulties the Indian Government might have in
gathering necessary scientific data concerning the import of certain agricultural commodities.  It also
understands the problems India might encounter in evaluating the relevant data submitted by the other
Members directly concerned.  However, the European Communities express its deep concerns on the
current Indian import requirements for bovine semen, which do not appear to be based either on
available scientific findings or on the relevant international standards.  Therefore, upon receipt andevaluation of the answers to the above questions, the European Communities would favour a further
exchange of views on the issue in order to work towards a positive solution.
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