. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/373
26 February 2003
(03-1162)
Committee on Sanitary and Phytosanitary Measures Original:  English
THE FAILURE OF THE EUROPEAN COMMUNITIES TO AMEND EC
DIRECTIVE 2001/661/EC A LLOWING THE IMPORT OF BONE IN MEAT
FROM OVINE/CAPRINE SPECIES FROM COUNTRIES ZONED FREE
FROM FOOT AND MOUTH DISEASE WITHOUT VACCINATION
Communication from South Africa
1. South Africa and Namibia are zoned free from f oot and mouth disease without vaccination by
the Office International des Epizooties (OIE). Both these countries regained their zoned free status
without vaccination after the successful containment of outbreaks of foot and mouth disease. The
European Communities accepted the successful control of foot and mouth disease in South Africa by
virtue of Commission Decision 2001/661/EC of 7 August 2001, allowing the import of fresh meat
from South Africa except from those areas within th e foot and mouth disease control zone of South
Africa, even before the Foot and Mouth Disease and Other Epizootics Commission of the OIE
recommended the re-instatement of the zoned-free status of South Africa in May 2002.
2. Commission Decision 2001/661//EC of 7 August  2001, however, still requires supplementary
guarantees in respect of the export of ovine and caprine meat from the foot and mouth disease free
zones without vaccination in South Africa and Namibia, which is inconsistent with Article 2.1.1.20 of
the International Animal Health Code of the OIE.  Article 2.1.1.20 does not require the deboning of
meat if such meat originates from FMD free countries or zones where vaccination is not practiced.Only in the case of Article 2.1.1.21 of the OIE Code  (importation from FMD countries or zones where
vaccination is practiced) is it required that imported fresh meat must come from deboned carcasses.
3. In both South Africa and Namibia, the export of mutton constitutes a substantial contribution
to the red meat export market. The deboning of sheep and caprine carcasses however is regarded as an
inhibitory factor to expand the export market.
4. There appears to be no scientific justification for the failure of the European Commission not
to amend Commission Decision 2001/661/EC of 7 August 2001 to be on par with the requirements of
the OIE Code Article 2.1.1.20 when fresh meat from the ovine and/or caprine species are imported
into the European Communities from countries zoned free from foot and mouth disease without
vaccination. In informal and formal deliberations between South Africa, Namibia and the EuropeanCommission, it was said that an approved storage facility for emergency southern Africa Territory
Foot and Mouth Disease Virus vaccines (SAT FMD viruses) needed to be established as a
contingency measure within the Community before consideration could be given to amend the
applicable EC Directive for the import of fresh meat from third countries.  As far as can be
established, such a facility has already been established and put into operation.G/SPS/GEN/373
Page 2
5. The continued insistence by the European Commission for requiring supplementary
guarantees in terms of  Annex II of Comm ission Decision 2001/661/EC  of 7 August 2001 from
countries who are exempted from this in terms of Article 2.1.1.20 of the OIE Code, is regarded as a
disguised restriction on international trade in terms of Article 2.3 of the SPS Agreement, and not in
accordance with Article 2.2 and Article 3(b) (Annex A) of the SPS Agreement.
6. The European Communities is therefore urgently requested to amend Commission Decision
2001/661/EC as requested, or to provide the scientific justification required in terms of Article 3.3 of
the SPS Agreement for insisting on a sanitary measure which results in a higher level of sanitary
protection than required in terms of Article 2.1.1.20 of the OIE International Animal Health Code.
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