WORLD TRADE G/SPS/GEN/43
29October 1997
ORGANIZATION(97-4739)
Original: Spanish Committee onSanitary andPhytosanitary Measures
IMPORTATION OFWHEAT FOR CONSUMPTION
FROM THE UNITED STATES OFAMERICA
Statement byChile attheMeeting of15-16 October 1997
1. Asaresult oftheofficial announcement on13May1996 bytheDepartment ofAgriculture
oftheUnited States ofAmerica (USDA) thattheTilletia indica fungus, which causes Karnal Bunt
inwheat, hadbeendiscovered insome southern USstates, theAgriculture andLivestock Service (SAG)
temporarily suspended imports ofwheat intoChile fromtheUnited States untilthere weresufficient
scientific andtechnical bases onwhich toestablish phytosanitary regulations thatwould minimize the
riskofintroducing thefungus intoChile. Thatdecision wastaken because inChile thefungus is
classified asaquarantine pest,affecting asitdoesacropasfundamental aswheat.
2. BasedontheinformationsuppliedbytheUnitedStatesduringbilateraltechnicalmeetingsbetween
representatives oftheUSDA Office inChile andtheSAGDepartment ofAgricultural Protection, in
addition toanevaluation atthepoint oforigin innorthern states suchasOregon andMontana with
aviewtofacilitating riskmanagement bySAG, on14June1996 SAG proposed toUSDA measures
thatshould betaken forwheat imports tobeauthorized. Itwasrequested thatphytosanitary certification
beissued under USDA responsibility together withanadditional declaration, based onalaboratory
analysis, thattheconsignment wasfreeofTilletia indica ,sothat,inprinciple, imports ofwheat for
consumption grown intheUnited States could beauthorized. Thisrulewasnotaccepted byUSDA
because itcould notcertify theprecise stateoforigin, butcould onlyprovide anadditional declaration
onthephytosanitary certificate totheeffect thatthewheat came from areas where Karnal Bunthad
notbeenknown tooccur.
3. Consequently, SAG could notchange itstechnical decision onimports untilsome headway
hasbeen made innationwide surveillance anditbecame possible todelimit pest-free areas inthe
United States.
4. On30January 1997, theUSDA Office inChile presented aprogress report onsurveys carried
outin1996forthefungus inwheat-growing areas. Onthebasisofthatinformation, technical meetings
wereheldbetween bothparties tostudy theepidemiological situation ofthepathogen inwheat-growing
areas andtoexamine quarantine regulations designed tominimize therisk.
5. Asaresult, SAGdrew upasetofregulations which together made itpossible tomanage the
riskattached towheat forconsumption originating intheUnited States. Inessence, theyprovided
asfollows: consignments should come fromstates which hadbeensurveyed andfound tobefreeof
Tilletia indica ,andmusthavebeenshipped fromports inthenorth-eastern United States. Thislatter
requirement made itpossible todetermine clearly theorigin ofthewheat, asthose weretheportsmainly
usedtoshipproduce fromnorthern states, where thepathogen hadnotbeendetected. Italsoprecluded
theriskofcontamination ingrain elevators bygrain collected from states withregulated areas.G/SPS/GEN/43
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6. Atameeting inSantiago between USDA authorities fromWashington andSAGinJune1997,
theUSdelegation asked whether itcould include states withregulated areas among theareas oforigin
ofwheat forexport toChile, subject totechnical verification byaSAGmission ofthemeasures being
taken under thenational Karnal Buntprogramme.
Asaresult ofthemeeting, theUSDA office inSantiago reported thatthanks totheprogress
made under thenational Karnal Buntprogramme, itwasinaposition toinclude onthePhytosanitary
Certificate covering export consignments anadditional declaration thattheycame from anareathat
hadbeensurveyed andfound tobefreeofKarnal Bunt.
7. TheSAGtechnical mission, carried outfrom25to29August thatsameyear, made itpossible
toverify onthespotthesystem ofinternal quarantine putinplace byUSDA/APHIS inthestates of
Arizona andTexas asregulated areas, andineastern Kansas, which isconsidered pest-free butisbeing
monitored nonetheless.
Onthatoccasion, special emphasis wasplaced onevaluating thefollowing aspects:
- Quarantine regulations inzones where thefungus hasbeenfound andinsurrounding
areas;
- sampling system, laboratory implementation andanalytical techniques forthediagnosis
ofTilletia indica;
- general system ofsurveillance inwheat-growing areas; and
- system ofphytosanitary inspection andcertification ofexport consignments conducted
atthepoint oforigin.
Thisverification mission ledtothefollowing conclusions:
- Allrules inUSDA regulations oninternal Karnal Bunt quarantine were being
implemented;
- asaresult oftheaction taken under theKarnal Buntprogramme, itcould beconfirmed
thatexport consignments werecoming fromareas thathadbeensurveyed andfound
tobefreeofthefungus.
8. Inthelight ofthesteps taken bytheUnited States andthedemonstration ofitscurrent
phytosanitary situation, Chile believes thatitispossible toestablish anappropriate levelofprotection
against theriskofintroducing thepathogen intothecountry through imports ofwheat forconsumption,
withintheframeworkoftheWTOAgreementontheApplicationofSanitaryandPhytosanitaryMeasures.
Tothisend,SAGhasdecided toauthorize imports ofwheat forconsumption fromtheUnited States,
accompanied byaphytosanitary certificate withanofficial declaration byUSDA thattheconsignments
come from anareathathasbeensurveyed andfound tobefreeofTilletia indica.
SAGreserves therighttoinspect shipments uponarrival inthecountry inorder toverify their
phytosanitary condition before authorizing theirentry.
Theforegoing provisions werecommunicated bySAGofChile toAPHIS intheUnited States
atarecent bilateral technical meeting heldinOctober inWashington.G/SPS/GEN/43
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9. Itmaytherefore beconcluded thatChile hasacted inconformity withtheWTO Agreement
ontheApplication ofSanitary andPhytosanitary Measures, andhaslived uptoitscommitment to
establish phytosanitary measures onascientifically justified basis.
10. Atthemeeting heldinMarch thisyear, theUnited States raised thetrade problem before the
CommitteeonSanitaryandPhytosanitaryMeasures.Chilethensubmittedinwritingtherationalebehind
itsregulations based onthesituation prevailing atthetime,adding thatifthescientific evidence produced
byphytosanitary monitoring intheUnited States showed thatthere wasnoproblem, atrade solution
could bearrived atbymeans ofbilateral meetings between thetechnical services ofbothcountries.
Thisiswhathasoccurred, anditcanbedemonstrated totheCommittee thatprogress hasbeenmade
intheapplication oftheAgreement.