. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/172
20 March 2000
(00-1123)
Committee on Sanitary and Phytosanitary Measures Original:  English
MEXICO'S IMPORT PROHIBITION OF THAI MILLED RICE
Statement by Thailand at the meeting of 15-16 March 2000
1. We would like to apologize to you and the Members of the SPS Committee for bringing the
issue of the Mexican import prohibition of Thai milled rice back on the agenda.  The Mexican
Government has indeed taken new steps in order to lift the ban on the importation of Thai milled rice.
We are grateful to inform the Committee of this new development.  I refer particularly to the Mexican
notification G/SPS/MEX/153, dated 6 March 2000.  As we understand, the Mexican Government will
allow Thai milled rice to be imported at two entry points, namely, Veracruz, Veracruz andManzanillo, Colima.  The date of entry into force wi ll of course be determined in accordance with the
internal procedure.
2. Thailand fully respects the process of amendment of Mexican Official Standards.  We are
hopeful that the lifting of the import prohibition on Thai milled rice will be implemented soon.  Rice
is extremely vital to Thailand, economically, socially and politically.
3. Having said this, Mr. Chairman, we would like to raise some questions concerning this
notification.
4. First, I refer to box number 5 in the fourth column which reads "Additional requirements".
We could accept the additional requirement on the international phytosanitary certificate to specify
that Thai milled rice is free of Khapra beetle  only if this requirement is applied to all countries
exporting rice to Mexico.  It must be noted that Article 2.3 of the SPS Agreement stipulates that
"Members shall ensure that their sanitary and phytosanitary measures do not arbitrarily orunjustifiably discriminate between Members."
5. Second, again in box number 5 in the fifth column under Phytosanitary treatment, Treatment
302(d) could be a typing error;  according to our sources it should read 302(d1).  The Mexican
delegation may like to check it again.  However, our concern is that these fumigation treatments
302(d1) or 302(d2) are aimed at killing Khapra beetle  at the points of entry.  You may recall that at
the July 1999 meeting of the SPS Committee, the Mexican delegation officially accepted that Thai
milled rice is free of Khapra beetle  (paragraph 7 of G/SPS/R/15).  We wonder why this fumigation
treatment is still required?  Will this requirement apply to all countries exporting rice to Mexico?
Will Mexico accept the equivalency of fumigation treatment if it is done in Thailand?
6. Thailand exports milled rice world-wide to both developed and developing countries in all
regions of the world, including the region which Mexico belongs to.  We strongly want to stress that
any requirement or measure solely applicable to Thai milled rice cannot be accepted.  Requirements
or measures of any sort must not discriminate be tween Members.  I refer to Article 1 of the GATT
1994 on MFN Treatment and Article 2.3 of the SPS Agreement.
7. Third, in our view, it is not normal for milled rice to be treated with fumigation at the points
of entry;  on the contrary fumigation treatment is normally done in the country of origin beforeG/SPS/GEN/172
Page 2
packing and exporting.  If this requirement comes in to force, Mexico would be the only country in the
world requiring Thai milled rice to be fumigated at the points of entry.  In this connection, we would
like to make reference to Articles 2.3 and 5.6 of the SPS Agreement, with regard to disguised
restrictions on international trade.  It would be appreciated if the Mexican delegation could provide
justification for this requirement.
8. Fourth, we would also be grateful if the Mexican delegation could provide us with a copy of
Mexican Official Standard NOM-028-FITO-1995, as referred to in box number 4 of this notification.
In addition, we also expect the Mexican Government to modify its regulation of Mexican Official
Standard NOM-005-FITO-1995, as the Mexican delegation had indicated at the July 1999 meeting of
the SPS Committee (paragraph 7 of G/SPS/R/15).  Explanation on this modification would be
appreciated.
9. In closing, we are hopeful that our comments on this notification will be conveyed to the
authorities concerned in Mexico City.  We look forward to working closely with the Mexican
authorities both in Geneva under the SPS Committee and in Mexico City.  I would like to express
once again my thanks to the delegation of Mexico for their efforts in trying to solve this problem since
1995.
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