. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/106
23 November 1998
(98-4680)
Committee on Sanitary and Phytosanitary Measures Original:  English
AUSTRALIAN IMPORT PROHIBITION ON SAUCES
CONTAINING BENZOIC ACID
Statement by the Philippines at the meeting of 11-12 November 1998
1. The Philippines initially raised this concer n at the meeting of the Committee in October.
Since that meeting, the Philippines has made bilate ral contacts with Australia through the Philippine
Mission in Canberra in order to follow up on this  issue.  To date, however, the issue remains
unresolved and as such we reiterate our concern before this Committee.
2. Australia prohibits all imports of sauces containing benzoic acid except those originating
from New Zealand.  According to Australian authorit ies, the rationale for allowing imports of these
products from New Zealand is based on Australia's "transitional arrangement" relevant to the
Australian-New Zealand Agreement for the Devel opment of a Joint Food Standard System.  Under
this arrangement, Australia permits the imports of foodstuffs from New Zealand which comply either
with the Australian Food Standards or with the New Zealand Food Regulations.  The New ZealandFood Regulations allow the use of benzoic acid in sauces.
3. In addition, the "transitional arrangement" includes a dual standard clause, which would allow
Australian food manufacturers to apply the New Zealand food regulations.  This means that the sale of
sauces containing benzoic acid manufactured in Australia would likewise be allowed in that country.
4. At the meeting of the Committee last October, Australia mentioned the lack of Codex
standard for benzoic acid in sauces.  Australia also underscored that the Acceptable Daily Intake
(ADI) on benzoic acid suggests that health safety is  an important issue related to this preservative.
5. We would like to point out that the lack of an international standard, and Australia's apparent
concern over health safety, are not relevant issues in this case, as is clearly demonstrated by
Australia's so-called "transitional arrangement" to allow the entry of sauces containing benzoic acid
from New Zealand.
6. The Philippines is of the strong view that the Australian measure is clearly inconsistent with
Article 2 of the SPS Agreement.  In particular, it is inconsistent with Article 2.3 of the Agreement
which provides that "Members shall ensure that their sanitary and phytosantiary measures do not
arbitrarily or unjustifiably discriminate between Members where identical conditions prevail,
including between their territory and that of other Members.".
7. Australia informed us that there is a current proposal in Australia to allow the addition of
benzoic acid in sauces by the middle of 1999.  There is no possibility, however, of advancing the
approval of said proposal through an applicati on with the Australian-New Zealand Food Authority at
this time.G/SPS/GEN/106
Page 2
8. This discriminatory measure has been in place since 1996 and has long since prevented the
entry of Philippine products to the Australian market.  The Committee would therefore understand if
the Philippines does not take any comfort in the above announcement by Australia.  There is nothing
in the Agreement which grants a grace period for discriminatory practices under "transitional
arrangements".  In our view, the only just remedy for this case is the immediate lifting of the ban.  Wetherefore urge Australia to bring its regulation in line with the SPS Agreement by immediately lifting
the ban.
__________