WORLD TRADE
ORGANIZATIONG/SPS/GEN/347/Rev.1
22 November 2002
(02-6497)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
HONDURAS – RESTRICTION IN ABSOLUTE TERMS ON THE ENTRY
OF POULTRY MEAT FROM COSTA RICA
Questions Posed by Costa Rica
Revision
1. The Government of Costa Rica is requesting the Government of Honduras to explain how the
measure notified in document G/SPS/N/HND/3 is consistent with the provisions of the WTO
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) andinternational standards recognized by the Organization for the sanitary control of animal products.
2. The Government of Costa Rica is requesting the Government of Honduras to provide
scientific evidence showing that the measure, which is restricting poultry meat imports from Costa
Rica, is the least trade-restrictive measure necessary to ensure the protection of avian health in
Honduras and therefore does not constitute an unnecessary and disguised barrier to trade, inaccordance with WTO disciplines.
3. In particular, the scientific evidence which the Government of Honduras is requested to
provide must include evidence showing that the diseases avian infectious laryngotracheitis and avian
salmonellosis can be introduced through the trade in poultry meat from Costa Rica, inasmuch as the
International Office of Epizootics (OIE) does not require these diseases to be subject to sanitary
control for the purpose of authorizing international trade in poultry meat.
4. The Government of Costa Rica is requesting the Government of Honduras to show that the
restriction imposed on the entry of its products has been applied on the same terms to imports from
other trading partners with similar sanitary conditions, in accordance with the principles of non-
discrimination and most-favoured-nation treatment established by the WTO in the SPS Agreement.
This implies that the Government of Honduras has authorized imports of poultry meat only from
countries that have been declared free of the four avian diseases.G/SPS/GEN/347/Rev.1
Page 2
HONDURAS – RESTRICTION IN ABSOLUTE TERMS ON THE ENTRY
OF POULTRY MEAT FROM COSTA RICA
Communication by Costa Rica
I. BACKGROUND
1. Poultry exports are an important source of foreign currency for Costa Rica and constitute a
very dynamic sector of its economy.  In 1999 those exports amounted to US$2.4 million, rising in
2001 to US$2.8 million.  For some time Honduras has been the principal market for the export of
these products.  In 1999, 53 per cent of Costa Rican exports of poultry meat went to that market, a
figure that increased to 66 per cent in the year 2000 and to 86.1 per cent in 2001.  Thus, the
importance of Honduras as a market for Costa Rican poultry had been increasing in both absolute andrelative terms.  During all those years Cost Rican exports had had no problem from a sanitary point of
view in entering Honduras, nor is there any indication that the sanitary status of that country has been
affected by trade in that product.
II. CHANGES IN THE CONDITIONS OF ACCESS
2. In October 2000, Honduras gave notification through document G/SPS/HND/3 that it was
planning to implement a decree under which imports of poultry meat would only be authorized if the
exporting country could certify, inter alia , that its farms were free from salmonella pollorum  and
Gallinarum and that the country was free from avian infectious laryngotracheitis.
3. In March 2002 there was a sudden change in the sanitary conditions of access required by
Honduras for imports of poultry meat, leading to the imposition of a complete ban on the entry of thatproduct from Costa Rica.
4. The new conditions of access that Honduras requires of Costa Rica consist in the imposition
of a measure under which imports of poultry meat are only admitted from countries whose avian
sanitary status is equivalent to the status that in  theory exists in that country.  According to the
Honduran authorities that country is free of four avian diseases:  (1) avian influenza, (2) avianinfectious laryngotracheitis, (3) Newcastle disease and (4) salmonella pollorum and gallinarum, also
known as avian salmonellosis .  Certificates that farms are free of these last two diseases may also be
produced.
5. Costa Rica questions the validity of the requirements laid down by Honduras for avian
infectious laryngotracheitis and salmonella pollorum and gallinarum.  The other two diseases are not
at issue since Honduras has recognized, both verbally and in practice, that Costa Rica is a country free
from Newcastle disease and avian influenza.  Since 1990 Costa Rica has been working on a systemfor the surveillance of these diseases, which was improved and implemented in June of this year.  In
fact, the United States has recognized Costa Rica as a country free from Newcastle disease since
1999.  More recently, Colombia carried out an inspection of the same plants and concluded that Costa
Rica's sanitary status was satisfactory and fulfilled its requirements.
III. PROVISIONS VIOLATED BY HONDURAS
6. Costa Rica considers that the restriction of access involved in the requirement placed by
Honduras on Costa Rica for a sanitary control of avian infectious laryngotracheitis and salmonella
pollorum and gallinarum with regard to the trade in  poultry meat is inconsistent with the obligations
established by the multilateral trading system, in particular with regard to the disciplines of the WTO
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).G/SPS/GEN/347/Rev.1
Page 3
WTO Agreement on the Application of  Sanitary and Phytosanitary Measures
(a) Scientific evidence – assessment of risk
7. Article 2.2 of the SPS Agreement stipulates that sanitary measures must be based on
sufficient scientific evidence so that they may not be used as unjustified restrictions on trade. Afurther obligation contained in Article 5.1 of the Agreement is that sanitary measures must be based
on an assessment of risk.  Thus, any sanitary measure that is imposed and maintained without
sufficient scientific evidence and without a prior assessment of risk is contrary to the disciplines of the
Agreement.
8. In the case at issue, the measure imposed by Honduras lacks any scientific evidence, and
consequently Costa Rica considers that it constitutes a disguised restriction on trade.
(b) Harmonization
9. The harmonization of sanitary and phytosanitary measures is one of the main purposes of the
SPS Agreement.  This is understood to mean that through the application of Articles 3.1, 3.4 et seq of
the SPS Agreement trade will be facilitated on the basis of measures backed up by scientific evidence.
Article 3.2 of the Agreement states that sanitary and phytosanitary measures which conform to
international standards are necessary and are presumed to be consistent with the WTO disciplines,which are the standards set by the international technical organizations recognized by the Agreement
(CODEX, OIE, IPPC).
10. Even more to the point, Article 3.3 of the Agreement provides that if a Member country
decides not to conform to the existing internationa l standard for the application of a sanitary and
phytosanitary measure there is no longer any presumption of consistency with the Agreement and theburden of proof is reversed.
11. With regard to the Honduran measure which prohibits the entry of poultry meat from Costa
Rica, Honduras, in deciding not to comply with the international standard on this matter, does not
enjoy the presumption of consistency with the SPS Agreement and must therefore take on the burden
of proving with sufficient scientific evidence and assessment of risk that the measure imposed isnecessary and proportionate.
(c) Proportionality
12. In accordance with Article 5.6 of the Agreement, sanitary measures must be proportionate,
which implies the obligation not to apply a measure that would involve a degree of restriction on trade
greater than that required to achieve the appropriate level of sanitary protection.
13. In the case at issue, Costa Rica considers the measure applied by Honduras to be
disproportionate since it restricts the entry of poultry meat from Costa Rica in absolute terms on thegrounds that it fails to comply with the sanitary requirements for two diseases (salmonella pollorum
and gallinarum, and laryngotracheitis) although there is no scientific evidence indicating that these
diseases may be transmitted through trade in this product, as has been recognized by the OIE.
Standards established by the International Office of Epizootics (OIE)(d) Mandate and activities of the OIE
14. The International Office of Epizootics (OIE), th e only international entity recognized in the
SPS Agreement (Annex A, paragraph 3) as an issuer of international standards, guidelines andG/SPS/GEN/347/Rev.1
Page 4
recommendations in the field of sanitary measures relating to animal health, has a mandate to
establish lists of Member countries or zones officially recognized as free from certain diseases.  In
order to be declared a country free of a disease the veterinary administration of the interested country
must complete a procedure previously defined by the OIE, on the basis of specially designed,
scientifically based questionnaires.
15. The OIE is currently publishing lists of countries recognized by that organization as being
free from foot and mouth disease, rinderpest and contagious bovine pleuropneumonia;  the conditions
for bovine spongiform encephalitis are in process of adoption.  The preparation of lists of countries
recognized as free of these diseases has been given priority because of their impact on international
trade.
16. At present, the OIE does not have a list of coun tries recognized by that organization as being
free of the four avian diseases of which Honduras has declared itself to be free.  Honduras hasdeclared itself to be a country free of these four diseases by availing itself of the opportunity afforded
by the OIE for countries to declare themselves free of diseases for which there is still no specific OIE
procedure for the official recognition of the status of Member countries with respect to the diseases in
question.
17. Although the OIE affords Member countries the opportunity to declare themselves free of a
disease, in such an eventuality it is indispensable that the importing countries receive the
epidemiological data necessary to convince them of the fact, in accordance with the requirements of
the OIE's International Animal Health Code relating to the diseases concerned.
(e) The OIE and the trade in poultry meat
18. As regards international trade in poultry meat, the International Animal Health Code
establishes the right of the importing country to require that the exporting country be free only of
avian influenza and Newcastle disease, both classified in the OIE's List A of diseases.
1
19. However, the International Animal Health Code does not require the country exporting the
poultry meat to have been declared free of avian infectious laryngotracheitis or avian salmonellosis,
both of which are included in List B2, as a prerequisite for the authorization of international trade in
that product.  Neither does the Code mention an obligation on the part of the exporting country to
produce certificates showing that its establishments are free of these diseases, as they are not
considered to be transmissible via poultry meat.  That means that, according to OIE standards, trade in
poultry meat does not require any kind of sanitary control for the diseases salmonella pollorum and
gallinarum or for avian infectious laryngotracheitis.
                                                     
1 The diseases included in the OIE’s List A are transmissible diseases which have the potential for very
serious and rapid spread, irrespective of national borders, which are of serious socio-economic or public health
consequence and which are of major importance in the international trade of animals and animal products.
Reports on these diseases are submitted to the OIE with the frequency indicated in Articles 1.1.3.2 and
1.1.3.3 of the International Animal Health Code. Because of the seriousness of these diseases and the severity oftheir repercussions on international  trade, States are under strict obligations to notify the first occurrence of a
disease and any event relating thereto, in accordance with Article 1.1.3.3 of the International Animal Health
Code.
2 List B diseases are transmissible diseases which ar e considered to be of socio-economic and/or public
health importance within countries and which are signif icant in the international trade of animals and animal
products. Reports are normally submitted once a year, although more frequent reporting may in some cases benecessary to comply with Articles 1.1.3.2 and 1.1.3.3 of the International Animal Health Code.G/SPS/GEN/347/Rev.1
Page 5
20. This is due to the fact that there is currently not enough scientific evidence to show that these
diseases can be transmitted through the import of poultry meat.
21. It is true that Chapter 2.7.5 of the International Animal Health Code provides that salmonella
pollorum and gallinarum shall be subject to sanitary  controls with regard to international trade in
domestic birds, day-old birds and hatching eggs of domestic birds.  However, this chapter does notestablish any sanitary requirement for this disease with which the exporting country must comply with
regard to trade in poultry meat.
22. In addition, Chapter 2.7.7 of the International Animal Health Code establishes sanitary
regulations relating to avian infectious laryngotrach eitis solely with regard to the trade in chickens,
day-old birds and hatching eggs of chickens (live animals and reproductive material).  Thus, there is,
likewise, no measure contained in this chapter for the sanitary control of this disease in relation to the
international trade in poultry meat.
(f) Technical opinion of the OIE
23. On 23 October this year Dr Vallat, Director-Gen eral of the OIE, issued a technical opinion at
the request of the Director of Animal Health of Costa Rica, in which he stated that:  "With regard to
avian infectious laryngotracheitis and salmonella pollorum and gallinarum, there is no scientific
evidence so far that these diseases may be transmitted via fresh poultry meat" (emphasis added).
24. Consequently, since that the measure imposed by Honduras restricting the entry of poultry
meat from Costa Rica on the grounds that it does not fulfil the sanitary requirements relating to avian
infectious laryngotracheitis and salmonella pollorum and gallinarum has no basis in any international
standard, the onus of proof is therefore on Honduras to show that the measure is necessary and
proportionate and that it is the least restrictive to achieve a proper level of protection.  To date,Honduras has not informed Costa Rica of any scientific  evidence that would show that either of these
two diseases could affect Honduran sanitary status through the trade in poultry meat.  Thus, contrary
to what is stated in the Agreement for such case s, Honduras lacks any scientific evidence that would
support the imposition of the measure.  Consequently, Costa Rica considers that the measure is
disproportionate and a disguised restriction on trade according to, Articles 2.2, 3.2, 3.3, 5.1, 5.4 and
5.6 of the Agreement on the Application of Sanitary and Phytosanitary Measures.
IV. BILATERAL CONSULTATIONS
25. Costa Rica has held a considerable number of bilateral meetings in order to try to resolve this
problem.
• Since the measure came into force in March 2002 , the Government of Costa Rica has
undertaken intense negotiations, in many different bodies and at all levels, with the
Government of Honduras in an attempt to achieve an agreement regarding the
sanitary requirements that Costa Rican poultry meat must fulfil in order to enter the
Honduran market.
• In coordination with the authorities of the Ministry of Agriculture and Livestock of
Costa Rica, the Government of Costa Rica has made a considerable effort todemonstrate, on the basis of technical criteria, that Costa Rica's sanitary status meets
the international standards for the access of poultry meat to other markets and that itdoes not endanger the avian sanitary status of Honduras.G/SPS/GEN/347/Rev.1
Page 6
• On Costa Rica's initiative, the trade and agricultural authorities of the two countries
met on 3 July and 6 August  this year in Tegucigalpa in order to try to find a mutually
satisfactory solution.
• On 30 August , as a follow-up to the previous conversations, the directors of animal
health of the two countries met in San José, Costa Rica, and signed what was thought
to be an agreement to restore immediately the trade in poultry meat from Costa Rica
to Honduras.  That Agreement said in the relevant section that the countries "agree:
to restore free trade in poultry and poultry products in both directions". (emphasis
added).  Three days after this Agreement was reached between the two parties, the
Honduran authorities refused entry to a container of Costa Rican poultry meat,
adducing as the reason changes in the interpretation of the agreement.
• In addition, and as a token of the interest and good faith of the Costa Rican sanitary
authorities in guaranteeing to Honduras that there was no sanitary risk, Costa Rica
agreed to take samples on each of the exporting farms in order to ensure that they
were free of the two diseases (salmonella pollorum and gallinarum and avian
infectious laryngotracheitis), even though this is not required by OIE standards or by
the Agreement on the Application of Sanitary and Phytosanitary Measures.
• Costa Rica even tried to have recourse to the Central American Committee on
Sanitary and Phytosanitary Measures so as to try to resolve the problem, but themeeting could not be held since Honduras stated that it would not be able to attend.
• Honduras put forward on 1 October this year a number of observations on those
samples, which in accordance with the Agreement of 30 August  had to be discussed
or analysed in a further bilateral meeting.  Costa Rica suggested two dates for such ameeting, but in both cases Honduras stated that it was impossible to meet.
• On 31 October  the Ministries of Agriculture of both countries, in a gesture of good
will in an attempt to achieve a rapid solution to the dispute, agreed to hold a furthertechnical meeting in order to resolve the problem.  This latest move is very
encouraging for Costa Rica which believes that it is still possible to achieve a rapidbilateral solution to this problem and re-establish the trade in poultry towards that
country.  However, despite that gesture of good will, Costa Rica considers it
necessary to continue to explain this issu e in this committee, given its tradition of
respect for the rule of law and international commitments.
V. CONCLUSION
26. In view of these considerations, the Government of Costa Rica formally requests the
Honduran authorities to withdraw the restriction in absolute terms on the entry of poultry meat from
Costa Rica and to reply in due course to the questions posed in this communication.G/SPS/GEN/347/Rev.1
Page 7
ANNEX I
Costa Rica
Honduras' Share as a Country of Consignment of Exports of Poultry Meat
1999-2001, In US$
Country of
consignment 1999 2000 2001
Honduras 1,306,833 1,653,404 2,481,891
Percentage of total 53.6% 66.0% 86.1%
Rest of world 1,129,532 853,608 402,027
Total exports 2,436,364 2,507,012 2,883,917
Source:  PROCOMER.G/SPS/GEN/347/Rev.1
Page 8
ANNEX 2
WORLD TRADE
ORGANIZATIONG/SPS/N/HND/3
12 October 2000
(00-4191)
Committee on Sanitary and Phytosanitary Measures Original:  Spanish
NOTIFICATION
1. Member to Agreement notifying:  HONDURAS
If applicable, name of local government involved:           
2. Agency responsible:  Ministry of Agriculture and Livestock, National Agricultural Health
Service (SENASA)
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers may be provided in addition, where
applicable).  Regions or countries likely to be affected, to the extent relevant or
practicable: 0105.11.00;  0105.12.00;  0105.19.00;  0105.92.00;  0105.93.00; 0105.99.00;
0207.11.00;  0207.12.00;  0207.13.10;  0207.13.91;  0207.13.99; 0207.14.10;  0207.14.91;
0207.14.99;  0207.24.00;  0207.25.00;  0207.26.10;  0207.26.90;  0207.27.10;  0207.27.90;
0207.32.00;  0207.33.00;  0207.34.00;  0207.35.10;  0207.35.90;  0207.36.10;  0207.36.90;
0210.90.10;  0210.90.20;  0210.90.30;  0210.90.90;  0407.00.10;  0407.00.20;  0407.00.90;
0408.11.00;  0408.19.00;  0408.91.00;  0408.99.00;  0505.10.00; 0505.90.00; 1501.00.00(poultry only);  1601.00.20; 1601.00.90; 1602.10.20 (poultry only);  1602.10.90;
1602.31.00; 1602.32.00; 0602.39.00
These restrictions apply to the following:  live poultry, that is to say, fowls of the
species Gallus domesticus,  chicks, fertile eggs, ducks, geese, turkeys, and guinea fowl.
They also apply to meat and edible offal of such poultry, eggs, feathers and other poultryparts;  as well as to the fat and foods (sausages) made with meat of such poultry.
4. Title and number of pages of the notified document:
- Plant and Animal Health Law.  Decree No. 157-94, published in La Gaceta
(Official Journal) of 13 January 1995.
- Regulations for the Campaign for the Prevention, Control and Eradication of
Velogenic Newcastle Disease.  Executive Resolution No. 998-99, published in
La Gaceta  of 29 September 1999.
- Regulations for the Campaign for the Control and Eradication of Avian
Salmonellosis.  Executive Resolution No. 997-99, published in La Gaceta  of
28 September 1999.
- International Office of Epizootics (IOE) procedures to prove the non-existence
(absence) in Honduras of infectious laryngotracheitis and avian influenza.G/SPS/GEN/347/Rev.1
Page 9
5. Description of content:  These Standards contain the legal, administrative, technical and
scientific instruments for the prevention, control and eradication of the avian diseases
mentioned, the aim of which is to declare Honduras free of these diseases.
Only poultry, products and by-products th ereof, from countries with equivalent
legally-established animal health programmes for the prevention, control and eradication ofavian diseases may be imported.  The exporting country must be able to guarantee that its
farms are free of Newcastle disease and avian salmonellosis (s. gallinarum and s. pollorum)
and that the country is free of  avian influenza and avian infectious laryngotracheitis.
6. Objective and rationale: [  X ] food safety,  [  X ] animal health,  [     ] plant protection,
[ X ] protect humans from animal/plant pest or disease, [     ] protect territory from
other damage from pests:   Honduras is currently affected by avian salmonellosis, and in
March 2000 six cases of Newcastle disease, velogenic, viscerotropic form, were detected in
chicken-fattening farms and commercial egg fa rms.  Consequently, Honduras' current status
is that of a country affected by sporadic outbreaks of Newcastle disease, with an animalhealth campaign at the control stage.  The aim of these health campaigns is therefore to
eradicate and declare areas free of or with a low prevalence of Newcastle disease and avian
salmonellosis, while at the same time, following the procedures established by the
 IOE, to show that Honduras is free of avian influenza and infectious laryngotracheitis.
7. An international standard, guideline or recommendation does not exist [     ].
If an international standard, guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:
- Animal Health Code of the Intern ational Office of Epizootics (IOE).
- Programmes for the Control and Eradication of Avian Diseases in the
United States, Mexico, Chile and Costa Rica, adapted to the circumstances
of the animal health status of Honduras.
8. Relevant documents and language(s) in which these are available:
(a) Plant and Animal Health Law.  Decree No. 157-94, published in La Gaceta
of 13 January 1995 (available in Spanish).
(b) Regulations for the Campaign for the Prevention, Control and Eradication
of Velogenic Newcastle Disease.  Executive Resolution No. 998-99,
published in La Gaceta  of 29 September 1999 (available in Spanish).
(c) Regulations for the Campaign for the Control and Eradication of Avian
Salmonellosis.  Executive Resolution No. 997-99, published in La Gaceta
of 28 September 1999 (available in Spanish).
(d) International Office of Epizootics (IOE) instructions to prove the non-
existence (absence) of infectious laryngotracheitis and avian influenza
(available in Spanish).
9. Proposed date of adoption:  Entry into force upon publication in La Gaceta .
10. Proposed date of entry into force:  1 November 1999G/SPS/GEN/347/Rev.1
Page 10
11. Final date for comments:           
Agency or authority designated to handle comments:  [     ] National notification
authority, [  X ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:  National Agricultural Health Service (SENASA)
12. Texts available from: [     ] National notification authority, [  X ] National enquiry point
or address, fax number and E-mail address (if available) of other body:
Secretaría de Agricultura y Ganadería
Servicio Nacional de Sanidad Agropecuaria (SENASA)
Telephone/Fax: (504) 231-0786
(504) 232-1096
E-mail:  sanimal@hondudata.com
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