. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/112
19 March 1999
(99-1104)
Committee on Sanitary and Phytosanitary Measures Original:  English
RESTRICTION ON THE EXPORT OF HORSES TO INDIA
Submission by the European Communities at the meeting
of 10-11 March 1999
I. BACKGROUND
1. Though horse trade between the European Communities and India regularly occurred in the
past years, EC member States have recently experienced problems in the export of horses to India.
The authorities directly concerned have repeatedly enquired of India about the health guarantees
necessary to export thoroughbred, race, saddle and draught horses for private individuals.  France, inparticular, has unfruitful bilateral contacts throughout four years.  However, to date no official reply
has been given by the Indian authorities and only a little partial information has been obtained only
through business operators. These entail either a ban or unjustifiable restrictions based on the age of
the animals.
2. As regards more specifically France and United Kingdom, the information more recently
gathered would suggest that the import restrictions are based on the presence of cases of contagious
equine metritis (CEM), which has never before been an obstacle to trade.
3. Chapter 3.4.1.2 of the OIE Code requires importing Members to take into account a health
certificate attesting that animals:
(a) showed no clinical sign of CEM on the day of shipment;
(b) had no contact with CEM:
(i) directly, through coitus with an infected animal; or
(ii) indirectly, by passing through an infected establishment;
(c) were subject to the laboratory test for CEM with negative results during the 30 days
prior to shipment.
In addition, the OIE consider horses that do not fulfil the above conditions as eligible for export if
recognised as not being contagious through laboratory tests for CEM.
4. Apparently India goes beyond what is indicate d by the OIE, without however specifying what
are the necessary requirements to be met.
II. SPECIFIC REQUEST
5. 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:G/SPS/GEN/112
Page 2
(a) Which are the measures laying down import conditions to be met in order to export
horses to India?
(b) Have these measures or any relevant modification been notified to the WTO
Secretariat?
(c) The Indian authorities have apparently chosen not to base their import conditions on
the relevant OIE recommendations.  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 5.1
to justify the relevant measures, especially as regards the import restriction due to the
possible presence of CEM?
(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, are applied?
(f) The European Communities would like to receive detailed information on the control
programs applied throughout India on horse diseases and especially on CEM.
III. CONCLUSION
6. The extensive discussion held in the SPS Committee on the transparency and notification
provisions, as indicated also in Document G/ SPS/W/92/Rev.2 on the Review of the SPS Agreement,
where India itself has been an active participant, bring us to the final conclusion that transparencyprovisions are one of the cornerstones of the SPS Agreement, to which the European Communities
attach great importance.  The European Communities consider communication and exchange of
information as fundamental elements for the correct and smooth implementation of the transparency
obligations Members have under the SPS Agreement.  Hence, the European Communities express its
concerns on the current state of play and would encourage India to respect its obligations under theSPS Agreement.
7. The European Communities would appreciate receiving answers to the above questions and it
invites India to resume constructive and fruitful talks with the European Communities in order to
clarify the relevant import requirements.
__________