. /.   WORLD TRADE  
ORGANIZATION  G/SPS/GEN/1048 
12 October 2010 
 
 (10-5233) 
Committee on Sanitary a nd Phytosanitary Measures Original:   French 
  
 
BRAZILIAN DRAFT TECHNICAL REGULATION ON THE IDENTITY AND 
QUALITY OF CANNED SARD INES (G/SPS/N/BRA/666) 
 
Comments by Morocco
 
 
 
 The following communication, received on 11 Octo ber 2010, is being circulated at the request 
of the delegation of Morocco . 
 
_______________ 
 
 1. In recent years, canned sardines have been the subject of unfair competition from species of 
canned fish of Latin American or igin improperly labelled with the name "Sardines", put up for sale on 
the international market, especi ally in the European Union. 
2. The description "Sardines" is used exclusively for Sardina Pilchardus Walbaum , of which 
Morocco is a leading global producer and exporte r.  Accordingly, marketing species other than 
Sardina Pilchardus Walbaum  under the appellation canned sardines will have a negative and 
undeniable impact on the fish canning industry and may even jeopardize its future  existence.  In fact, 
improper use of this name is liable to mislead c onsumers and is intended to  take advantage of the 
reputation earned by countries that have produced Sardina Pilchardus Walbaum  for over a century 
and, consequently, may be prejudicial to th e sectors concerned because of the socio-economic 
consequences that may ensue. 
3. In light of Brazil's notification to the WT O in document G/SPS/N/BRA/666 regarding the 
Brazilian draft technical regulation on the identity and quality of canned sardines, Morocco considers 
that, even though this technical regulation must nor mally be notified under the TBT Agreement, this 
measure is more restrictive than necessary and is in consistent with the SPS Agreement.  Furthermore, 
it is contrary to the principles and practices ag reed under the Codex for the introduction of new 
species of sardines.  Morocco expr esses its concern at the fact that its exports to Brazil could be 
confronted by this new measure, deemed stringent and not based on risk assessment.  Indeed, in order 
to adopt technical regulations on new species of sardine that go beyond what is provided in Codex standard STAN 94-1981, the procedure for the inclusion of new species determined in the 
Codex must be followed. 
4. The following are the inconsistencies noted between the Codex standard and the Brazilian 
draft technical regulation: 
(a) Article 3 of the Brazilian draft technical regulation provides that the raw material 
shall be composed, inter alia , of the species Opisthonema libertate , which is not 
listed in section 2.1 (Product definiti on) of Codex standard STAN 94-1981; 
(b) Article 5 of the Brazilian draft technical regulation does not comply with section 6.1 
of the Codex standard STAN 94-1981 (Name of the food), which emphasizes that the G/SPS/GEN/1048 
Page 2  
 
  name "Sardines" shall be reserved exclusively for Sardina Pilchardus Walbaum  and 
not Sardina Janvier , Sardina Aurita , as provided in the said regulation. 
5. For other types of product, the name "X Sardin es" is the most apt (X being the country of 
origin, geographic area, scientific or common name of  the species), in order not to mislead consumers. 
6. Morocco considers that the standards adopt ed by the Codex Alimentarius Commission 
constitute the global point of reference agreed at the international level for consumers, producers and 
processors of foodstuffs, national food inspection bodies and international trade in such products. 
7. As a producer of sardines and an exporter of marine products, therefore, Morocco expresses 
its concern and its fear that the Brazilian measure c ould seriously jeopardize its exports of canned fish 
to Brazil, and requests further details on the draft technical regulation in question.  Morocco asks the 
Brazilian authorities to review it within a reasonable period and bring it into li ne with Codex standard 
STAN 94-1981 so that it is not more trade-restrictive than necessary. 
__________