. /.  WORLD TRADE  
ORGANIZATION  WT/DS245/21 
G/L/520/Add.1 
G/SPS/GEN/299/Add.1 G/AG/GEN/50/Add.1 
2 September 2005 
 
(05-3820) 
 Original:   English 
 
 
 
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Notification of Mutually Agreed Solution  
 
 
 The following communication, dated 30 August 2005, from the delegation of Japan and the 
delegation of the United States to the Chairman of the Dispute Settlement Body, is circulated pursuant 
to Article 3.6 of the DSU.  
 
_______________ 
 
  On 20 July 2005, the WTO Dispute Settlement  Body (DSB) adopted its recommendations and 
rulings in Japan – Measures Affecting the Importation of Apples: Recourse to Article 21.5 of the DSU 
by the United States  (WT/DS245).  In accordance with Article 3.6 of the  Understanding on Rules and 
Procedures Governing the Settlement of Disputes (DSU), the Governments of Japan and the United 
States wish to notify the DSB that they have reached  a mutually agreed solution regarding the matters 
raised by the United States in this dispute.  
 This mutually agreed solution consists of the following elements: 
 1. The "Ministry of Agriculture, Forestry and Fisheries Notification No. 354 dated 10 March 
1997" and "Detailed Rules for Plant Quarantine Enforcement Regulation Concerning Fresh Fruit of Apple Produced in the United States of  America dated 30 June 2004" were amended 
on 25 August 2005. 
 2. These amendments eliminated certain components, including:  
  – Designation of export orchards and orchard inspection  – Buffer zone (border zone) requirements and buffer zone (border zone) inspection 
 – Surface disinfection of fresh fruits  
 – Chlorine disinfection of packing facilities  – Certification and confirmation of  certification of surface disinfection 
 3. These amendments maintain the following components: 
 
 – Export inspection  – Maturity test of fresh fruits under certain conditions  – Certification and confirmation of certifi cation that exported apples are free from fire 
blight disease 
 WT/DS245/21, G/L/520/Add.1,  
G/SPS/GEN/299/Add.1, G/AG/GEN/50/Add.1 Page 2 
 
 
  In light of the foregoing, and Japan's commitment to comply with its obligations under the 
SPS Agreement as clarified by the DSB's recommenda tions and rulings in this dispute, the United 
States hereby withdraws its request (WT/DS245/12) to  the DSB pursuant to Article 22.2 of the DSU 
for authorization to suspend the application to Jap an of concessions and other obligations under the 
General Agreement on Tariffs and Trade 1994 , the SPS Agreement, and the Agreement on 
Agriculture  at a level of US$ 143.4 million on an annual  basis.  The United States having withdrawn 
its request under Article 22.2 of the DSU, Japan hereby withdraws its request (WT/DS245/13) for 
arbitration under Article 22.6 of the DSU objecting to  the level of suspension of concessions and other 
obligations under the General Agreement on Tariffs and Trade 1994 , the SPS Agreement, and the 
Agreement on Agriculture  proposed by the United States. 
  This letter is without prejudice to the WTO rights and obligations of Japan and the United States.  
 
    (signed) (signed)   Mr Ichiro Fujisaki Mr Steven F. Fabry   Ambassador Chargé d'affaires, a.i. 
 Permanent Representative of Japan Pe rmanent Mission of the United States 
  
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