WT/DS524/2  
 
27 November 2018  
(18-7416) Page: 1/3 
  Original: Spanish  
 
 
COSTA RICA – MEASURE S CONCERNING THE IMP ORTATION OF  
FRESH AVOCADOS FROM MEXICO  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY MEXICO  
The following communication, dated 22 November 2018 , from the delegation of Mexico  to the 
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On 8 March  2017, Mexico requested consultations with Costa Rica pursuant to Article s 1 and  4 of 
the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), 
Article  XXII of the General Agreement on Tariffs and Trade 1994 (GATT  1994), and Article  11.1 of 
the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agre ement), 
concerning certain measures adopted by Costa Rica with respect to the importation of fresh avocados 
for consumption from Mexico.1 
 
The consultations between the two countries were held on 26 and 27 April 2017. Unfortunately, 
these consultations fai led to settle the dispute.  
 
Accordingly, Mexico respectfully requests the establishment of a pan el pursuant to Articles  4.7 and  6 
of the DSU, Article  XXIII of the GATT 1994 , and Article  11.1 of the SPS Agreement, concerning 
certain measures that prohibit o r restrict the importation of fresh avocados from Mexico. Mexico 
further requests that the panel to be established examine this matter on the basis of the standard 
terms of reference as set out in Article  7.1 of the DSU.  
 
I. BACKGROUND  
On 22  April 2015, Costa Rica issued an emergency phytosanitary measure temporarily  suspen ding 
"the issuing of phytosanitary import certifications for avocados" from the following countries: 
Australia, Ghana, Guatemala, Israel, Mexico, South Africa,  Spain a nd Venezuela. It also ordered the 
revision of phytosanitary requirements, through the updating of the pest risk analysis for Avocado 
sunblotch viroid (ASBVd).2 Subsequently, on 10 July 2015, a resolution was issued specifically for 
Mexico establishing the requirements for the importation of fresh avocados.3 
 
Some  time later, following the implementation of the Pest Risk  Analysis e stablished following the 
review of a policy in respect of the importation of fresh a vocados  (Persea americana Mill)  from Mexico 
for consumption (Report ARP -002-2017) on 10  July 2017, Costa Rica published a draft phytosanitary 
measure specifically for Mexico4 on which Mexico commented on 21  December 2017.  
 
                                                
1 Request for consultations by Mexico, Costa Rica – Measures Concerning the Importation of Fresh 
Avocados from  Mexico, 8 March 2017, document WT/DS524/1, G/L/1178, G/SPS/GEN/1539, circulated on 
13 March 2017.  
2 Resolution DSFE -03-2015 of 22 April 2015, notified to the WTO in document G/SPS/N/CRI/160, 
circulated on 5 May 2015. See also document G/SPS/N/CRI/160/Add.1, circulated on 12 May 2015.  
3 Resolution  DSFE -11-2015 of 10 July 2015, notified to the WTO in document G/SPS/N/CRI/162, 
circulated on 13 July 2015. This resolution  is based on Report ARP -003-2015 of 10 July 2015.  
4 Draft Resolution for the importation of fresh avocado s (Persea americana ) of Mexican origin, notified 
to the WTO in document G/SPS/N/CRI/162/Add.1, circulated on 24 October 2017.  WT/DS524/2  
 
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  On 29  January  2018, Costa Rica issued two phytosanitary measures: (1)  a specific and definitive 
phytosanitary measure for Mexico,5 and (2)  a general phytosanitary measure for "any country in 
which the pest Avocado s unblotch viroid (ASBVd) is present".6 While both measures replaced and 
repealed  the emergency measure ( Resolution  DSFE -03-2015), in the case of the specific measure 
for Mexico, it also replaced and repealed the previous resolution applicable to Mexico 
(Resolution  DSFE -11-2015).  Similarly, the specific measure for Mexico annulled  the pest risk 
analyses carried out by Costa Rica in July and November  2015.7 Although the two  measures are 
similar in substance, since they both establish requirements for the importation of fresh avocados 
for consumption, the general measure also imposes requirements for the importation of pl ants for 
planting, which are not the subject of a complaint by Mexico.8 
 
II. SPECIFIC MEASURES A T ISSUE 
The specific measures at issue are  those by which Costa Rica prohibits or restricts, either jointly or 
individually, the import ation of fresh avocado s for consumption from Mexico. The se measures 
include, but are not limited to:  
 
1. Resolutions  DSFE -003-2018 and DSFE -002-2018 issued by the State Phytosanitary Service 
of the Ministry of Agriculture and Livestock of Costa Rica, dated 29 January 2018;  
 
2. Reports ARP-002-2017 and ARP -006-2016 by the Pest Risk Analysis Unit of the State 
Phytosanitary Service, dated 10 July 2017, as well as manual  NR-ARP-PO-01_M -01 
containing the qualitative  methodology applied in the said  risk analys es. 
 
This panel  request  relates t o the aforementioned  measures  at issue and to any  additional measures 
that amend, supersede, update or replace them . 
 
III. BRIEF SUMMARY OF THE LEGAL BASIS OF THE COMPLAINT  
Mexico considers the measures at issue, both individually and collectively, to be i nconsistent with 
Costa Rica's obligations under the SPS Agreement and the GATT 1994, more specifically with:  
 
A. SPS Agreement  
 
• Article  1.1 of the SPS Agreement, because  Costa Rica's measures are applied in a manner 
that is inconsistent with the provisions of the SPS Agreement;  
• Article 2.1 of the SPS Agreement, because  Costa Rica's measures are inconsistent with the 
provisions of the SPS Agreement;  
• Article 2.2 of the SPS Agreement, because  Costa Rica's measures are not applied only to the 
extent necessary to pr otect plant life, are not based on scientific principles, and are 
maintained without sufficient scientific evidence;  
• Article 2.3 of the SPS Agreement, because  Costa Rica's measures are applied in a manner 
which  constitutes a disguised restriction on international trade and because they arbitrarily 
or unjustifiably discriminate between Costa Rica's own territory and the territory of Mexico;  
• Article 3.1 of the SPS Agree ment, because  Costa Rica failed to base its measures on 
international standards , guidelines or recommendations;  
• Article 3.3 of the SPS Agreement, because Costa Rica failed to comply with the conditions 
established therein for departing  from the requirement  set forth  in Article 3.1 of the 
                                                
5 Resolution DSFE -003-2018 of 29 January 2018, notified to the WTO in document 
G/SPS/N/CRI/162/Add.2, circulated on 7 February 2018.  
6 Resolution DSFE -002-2018 of 29 January 2018, notified to the WTO through in document  
G/SPS/N/CRI/191/Add.1, circulated on 7 February 2018.  
7 ARP-003-2015 of 10 July 2015 and ARP -003-2015 of 5 November 2015.  
8 Since  resolutions DSFE -003-2018 and DSFE -002-2018 are similar as regards  the regulation of fresh 
avocado s for consumption, the  panel's  findings in respect of Resolution DSFE -003-2018 should als o apply , 
mutatis  mutandis , to Resolution DSFE -002-2018.  WT/DS524/2  
 
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  Agreement. Costa Rica departs  from the international recommendations and guidelines 
without any scientific justification for its high level of sanitary protection. Moreover, its 
measures are inconsistent with other provisio ns of the SPS Agreement;  
• Article 5.1 of the SPS Agreement, because Costa Rica's evaluation  of risk s is not based on 
an assessment, as appropriate to the circumstances, of the risks to plant life of the avocados 
imported for consumption as a pathway for the  transmission of ASBVd, taking into 
consideration risk assessment  techniques developed by the Internatio nal Plant Protection 
Convention;  
• Article 5.2 of the SPS Agreement, because  in its risk assessment , Costa Rica failed to  take 
account,  inter alia, of ava ilable scientific evidence;  
• Article 5.3 of the SPS Agreement because , in assessing the risk, Costa Rica failed to  take 
into account as relevant economic factors the c osts of control or eradication in its territory  
and the relative  cost-effectiveness of alternative  approaches  to limit ing risks;  
• Article 5.5 of the SPS Agreement, because  through its measures Costa Rica is applying levels 
of sanitary or phytosanitary protection that involve arbitrary  or unjustifiable distinctions;  
• Article 5.6 of the SPS Agre ement, because  Costa Rica's measures are more trade -restrictive 
than required to achieve its appropriate level of phytosanitary protection, other measures 
being reasonably available that are technically and economically feasible and significantly 
less rest rictive to trade;  
• Article 6.1 of the SPS Agreement, because  Costa Rica's measures were not adapted to the 
sanitary or phytosanitary characteristics of the area to which the product is destined, i.e. its 
territory.  
B. GATT 1994  
 
• Article III:4 of the GATT 1994, because  Costa Rica is according treatment less favourable to 
avocados imported for consumption from Mexico than that accorded to like products of 
national origin in respect of regulations and requirements affecting the sale,  offering for sale, 
and distribution of the said products in the Costa Rican market;  
• Article XI:1 of the GATT 1994 , because  Costa Rica's measures constitute prohibitions or 
restrictions other than duties, taxes or other charges on the  importation of avocad os for 
consumption, in violation of that provision.  
The aforementioned measures appear to nullify or impair the benefits accruing to Mexico under the 
provision s of the covered agreements  cited above.  
IV. REQUEST  
In view of the above considerations, and pur suant to Article 4.7 of the DSU, Article of 6 of the DSU, 
Article XXIII of the GATT 1994 and Article 11.1 of the SPS Agreement, Mexico respectfully requests 
that a panel be established to examine this matter, with the standard terms of reference provided 
for in  Article 7.1 of the DSU.  
Mexico further requests that this matter be placed on the agenda for the special meeting of Dispute 
Settlement Body on 4 December 2018.  
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