WORLD TRADE
ORGANIZATIONG/SPS/GEN/159
5 January 2000
(00-0024)
Committee on Sanitary and Phytosanitary Measures Original:  English
SLOVAK RESTRICITONS ON IMPORTS OF POTATOES AND FRUITS FROM POLAND
Statement by Poland at the meeting of 10-11 November 1999
1. Poland wishes to revert to the question which was discussed at previous meetings.  During one of
the last Committee meetings, the Polish delegation explained in detail the reason for our concern relatingto measures implemented by the Slovak Republic.  Because the situation has lasted for a long time and
has a serious negative impact on Polish exports, we are again expressing our concerns with the
phytosanitary regulations implemented by the Slovak Republic concerning import of potatoes and fruits:
apples, pears and quinces.  Over the last few year s, Slovak authorities have frequently changed the
requirements for consignments of the above-listed products.  The last changes were implemented on1 March 1999 (notification G/SPS/N/SVK/15, dated 22 July 1999).  Despite the objections presented by
Poland during bilateral meetings and informal consultations in the framework of the SPS Agreement, the
problem remains unresolved.  Furthermore, the last request from Poland, submitted on 13 October, for an
official statement from the Vice-Minister of Agriculture of the Slovak Republic, remains unanswered.
2. It should be stressed that the objections of Poland are not only with the regulations themselves,
but also with the way of their implementation.  The new requirements are not notified or their
notification is published after the regulation become obligatory.  It prevents other countries from
providing comments, which is not consistent with Article 7 of the SPS Agreement.  In the majority of
cases the new requirements become obligatory immediately, which makes proper preparation of
consignments impossible for both the plant protection service and exporters.  This situation can cause
Polish exporters and producers to sustain considerable economic losses.
3. Doubts concerning the implementation of the restrictions are also raised by the periodic nature of
the requirements in the light of the situation on th e Slovak market.  This inconsistency in the actions
undertaken by the Slovak authorities seems to indicate that new regulations create unjustified obstacles to
trade rather than protect the territory against the introduction of quarantine organisms (Article 2.2).
4. It should be pointed out that some of the requirements are not based on sufficient scientific
evidence, for example regulations concerning import of fruits.  There is lack of confirmed evidences thatfruits can cause fire blight infection.  The newest evidences rather seem to eliminate this way of harmful
organism transmission.
5. It is the opinion of Poland that the implementation of import prohibitions on an immediate basis,
the lack of notification or notification only ex post, and the inconsistency in enforcement of the
phytosanitary regulations indicate that the Slovak authorities are creating unjustified barriers to trade.This kind of action has a negative impact on trade and is against SPS Agreement provisions.
6. Poland would like to encourage the Slovak authorities to reconsider and withdraw unjustified
phytosanitary regulations and restore the traditionally good relations between our countries.
Additionally, we would like to inform the Committee that Polish authorities will undertake all necessary
steps, according to recognized procedures, with the aim of clarifying the above-mentioned problems.
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