. /.  WORLD TRADE  
ORGANIZATION  WT/DS245/19 
22 July 2005 
 (05-3309) 
 Original:   English 
  
 
JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Statement by Japan
 
  
 The following statement received from the delega tion of Japan in relation to the adoption by 
the Dispute Settlement Body, at its meeting on 20 July 2005, of the report of the Panel in Japan – 
Measures Affecting the Importation of Apples:  R ecourse to Article 21.5 of the DSU by the United 
States  (WT/DS245/RW), is circulated at the request of that delegation. 
 
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  First of all, Japan would like to express its gr atitude to the Panel as well as to the Secretariat 
for their efforts in tackling the high ly technical and complex issues of  a scientific nature involved in 
this case, in order to review Japan's measur es which were the subject of this dispute. 
 
 Regrettably, the Panel found that Japan's re vised phytosanitary measures at issue were 
inconsistent with the Agreement on the Applica tion of Sanitary and Phytosanitary Measures (SPS 
Agreement).  This ultimate finding of the Pa nel was more than disappointing to Japan. 
 
 The Panel imposed on Japan a very heavy burde n of proof.  In this proceeding, Japan 
presented its new scientific studies on fire blight bacteria, which were conducted under the proximate 
ecological condition.  These studies demonstrate that mature, symptomless apples can harbour endophytic bacteria and that the pathway of transmission could be completed from a discarded 
infested or infected apple to a host plant, which would then lead to the establishment and spread of 
fire blight disease.  These studies, proximate to the highest degree, had to be done in a laboratory, in 
order to prevent a potential risk of fire blight b acteria from accidentally spreading to the unique, fire 
blight-free natural conditions of Japan.  Contrary to  Japan's argument, however, the Panel, based on 
the opinion of the experts, ruled that these new studi es did not provide sufficient scientific evidence to 
establish the risk of fire blight in  natural conditions. 
 
 Elsewhere, in relation to Article 5.6 of the SPS Agreement, the Panel concluded that "the 
requirement that apples imported into Japan be mature  and symptomless is an alternative measure that 
is reasonably available taking into account technical  and economic feasibility". In this regard, Japan 
argued before the Panel that the United States expo rt control could involve a human error and thus 
was not 100 per cent reliable as demonstrated by the presence of codling moth in shipments to 
Chinese Taipei.  The Panel again did not value this argument. 
  Nevertheless, we would like to emphasize the fact that the Panel did not reject all the elements of Japan's revised phytosanitary measure s.  Significantly the Panel confirmed that Japan 
would be entitled to verify that only mature, sy mptomless apples would be actually exported to Japan 
from the United States. 
 WT/DS245/19 
Page 2  
 
  Although we are bound to note our disappointment with the Panel's findings, Japan decided 
not to appeal and accept that this Report of th e Panel will be adopted today.  Japan has always 
emphasized the importance of the proper functioning  of the DSU and the faithful implementation of 
the recommendations and rulings of the DSB.  Once a dopted, in view of the gravity of its obligation, 
Japan will sincerely address the implementation of  the DSB's recommendations and rulings in a 
manner consistent with Ja pan's obligations under the WTO Agreem ents.  Likewise we hope that other 
Members commit themselves to enhance the integr ity of the WTO dispute settlement system.  
  In this regard, Japan would like to inform  the DSB that it has been engaging in close 
consultations with the United States to explore ways to secure compliance in a mutually acceptable 
manner.  In order to allow this process to continue  and to yield a satisfactory solution, Japan and the 
United States have agreed to suspend the ar bitration under Article 22.6 of the DSU until 
31 August 2005.  Japan and the United States submitted th e joint request to this effect to the Chairman 
of the Arbitrator on 18 July.   
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