. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/322
10 June 2002
(02-3183)
Committee on Sanitary and Phytosanitary Measures Original:  English
POLAND – RESTRICTIONS ON THE IMPORT OF BOVINE SEMEN AND GELATIN
Submission by Switzerland
A. BACKGROUND
1. Following the outbreak of Bovine Spongiform Encephalopathy (BSE) in Switzerland, sanitary
measures have led to market access restrictions affecting the export of a number of Swiss products.
Poland upholds a variety of measures and restrictions, including an import ban on bovine semen and
gelatin from Switzerland.
2. Notwithstanding comprehensive information concerning the health status of Switzerland
provided to the Polish authorities and several bi lateral contacts between the relevant governmental
authorities, the authorities of Poland have up to now denied market access, without clearly indicating
which health conditions have to be complied with.
3. The Polish import restrictions on bovine semen and gelatin have been raised in the SPS
Committee several times (G/ SPS/GEN/204/Rev.2, paras. 86-96 and 135-137).  Although the
authorities of Poland have indicated that the measures in question would be replaced by measures
reflecting the present state of scientific knowledge, there have not been any positive developments.
B. LEGAL CONSIDERATIONS BASED ON THE SPS AGREEMENT
4. BSE is the reason given for the import restrictions imposed by Poland.  The OIE, in the
International Animal Health Code , Article 2.3.13.7, indicates that an importing country should
authorize without restriction the import or transit through their territory of various products of bovine
origin including bovine semen and gelatin, regardless of the BSE status of the exporting country.
5. Article 3.1 of the SPS Agreement requires Members to base their sanitary measures on
international standards, guidelines and recommendations, where they exist.  According to Article 3.3,
Members may only introduce or maintain SPS measures which result in a higher level of protection
than would be achieved by measures based on the relevant international standards, if there is a
scientific justification, or as a consequence of the level of protection a Member determines to beappropriate based on a risk assessment in accordance with the relevant provision of Article 5.
Furthermore, Article 5.6 requires Members to ensure that such measures are not more trade-restrictive
than necessary.
C. S
PECIFIC QUESTIONS
6. In light of the above and in accordance with Article 5.8 of the SPS Agreement, Switzerland
would like to obtain further info rmation from Poland on the following:G/SPS/GEN/322
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(a) Which are the national measures1 laying down the specific import requirements for
bovine semen and gelatin?
(b) Have these or any relevant modifications been notified to the WTO Secretariat?
(c) Have these import requirements been based on the relevant OIE standards? Should
this not be the case, could Poland provide the scientific justification of the importprohibition in consideration of Articles 3.1 and 3.3 of the SPS Agreement?
(d) Could Poland provide Switzerland with comprehensive information on the risk
assessment carried out in accordance with the provision of Article 5 of the SPS
Agreement to justify the relevant measures?
(e) Could Poland indicate to which extent the provision of Article 2.3 of the SPS
Agreement is applied, 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?
D. C
ONCLUSIONS
7. Switzerland recognizes the difficulties Poland mi ght encounter in evaluating the relevant data
submitted by other Members directly concerned by the relevant sanitary measures.  However,
Switzerland is deeply concerned about the current Polish import requirements for bovine semen andgelatin, which do not appear to be based either on the relevant international standards or on available
scientific evidence.
8. In view of the above considerations, Switzerland formally requests the authorities of Poland
to lift the import restrictions imposed on bovine semen and gelatin from Switzerland and to provide
answers to the above questions in due course.
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1Laws, decrees or ordinances which are generally applied (SPS Agreement, Annex B).