. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/321
10 June 2002
(02-3182)
Committee on Sanitary and Phytosanitary Measures Original:  English
UNITED STATES – RESTRICTIONS ON THE IMPORT OF
MEAT AND MEAT PRODUCTS
Submission by Switzerland
A. BACKGROUND
1. Following the outbreak of Bovine Spongiform Encephalopathy (BSE) in Switzerland, sanitary
measures have led to market access restrictions affecting the export of a number of Swiss products.
The United States upholds import restrictions on meat and meat products originating in countries with
a low incidence of BSE, including Switzerland.
2. As of 9 February 2001, the United States Depa rtment of Agriculture (USDA) has suspended
the importation of all ruminant meat, meat products, and other edible protein products that have been
stored, processed, or otherwise associated with a facility located in Europe and Oman.  All other
importations are only eligible for entry after USDA/APHIS (Animal and Plant Health Inspection
Service) has verified that these products have not been commingled with ruminant products from
Europe and Oman.
3. These import restrictions also apply to meat products, which have been processed in
Switzerland with meat imported from countries free of BSE (thus eligible for export to the United
States), such as Argentina or Brazil.  Before Fe bruary 2001, the export of meat products processed in
Switzerland with beef imported from countries free of BSE were approved based on annual on-site
inspections of processing plants by the USDA/FSIS (Food Safety and Inspection Service).  The
USDA/FSIS confirmed that Switzerland has in pl ace processing procedures that guarantee non-
commingling of products meeting the US requirements with other products.  However, since the entryinto force of the new import restrictions on 9 February 2001, the USDA has required additional on-
site inspections by the USDA/APHIS and banned Swiss exports to the United States.  The costs for
these double inspection procedures carried out by USDA/FSIS and USDA/AP HIS would have to be
paid by the Swiss export industry.
4. Notwithstanding several bilateral contacts between the relevant governmental authorities
starting at the beginning of 2001 and comprehensive information provided by Switzerland, the
authorities of the United States have up to now denied market access to Swiss products.
B. 
LEGAL CONSIDERATIONS BASED ON THE SPS AGREEMENT
5. Switzerland is considered as a country with a low incidence of BSE in the terms of
Article 2.3.13.5 of the OIE International Animal Health Code .  BSE reached its peak in 1994/95 and
since then the situation has continuously been improving.  Switzerland implemented all measures in
compliance with the OIE recommendations in order to eradicate the disease in the Swiss cattle
population and to protect consumer health.
6. The United States prohibits the import of meat and meat products from countries with a low
incidence of BSE.  Switzerland meets all the requirements to export meat and meat products laidG/SPS/GEN/321
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down in Article 2.3.13.15 of the OIE International Animal Health Code  for countries with a low
incidence of BSE.  Therefore, the import ban applied by the United States is in contradiction to this
international standard.
7. Article 3.1 of the SPS Agreement requires Members to base their SPS measures on
international standards, guidelines and recommendations, where they exist.  According to Article 3.3,Members may only introduce or maintain SPS measures which result in a higher level of protection
than would be achieved by measures based on the relevant international standards, if there is a
scientific justification, or as a consequence of the level of protection a Member determines to be
appropriate based on a risk assessment in accordance with the relevant provision of Article 5.  In
particular, Articles 5.4 and 5.6 require that Members take into account the objective of minimizing
negative trade effects and ensure that SPS measures are not more trade-restrictive than required to
achieve an appropriate level of protection.
8. With regard to control, inspection and approval procedures, the provisions of Annex C of the
SPS Agreement have to be observed.  Members have, in particular, to ensure that such procedures are
undertaken and completed without undue delay and that information requirements are limited to what
is necessary for appropriate control, inspection and approval procedures.
C. S
PECIFIC QUESTIONS
9. In light of the above and in accordance with Article 5.8 of the SPS Agreement, Switzerland
would like to obtain from the United St ates further information on the following:
(a) Have the new import restrictions applied by the USDA since 9 February 2001 been
notified to the WTO Secretariat?
(b) Have these import requirements been based on the relevant OIE standards? Should
this not be the case, could the United States provide the scientific justification of the
import prohibition in consideration of Ar ticles 3.1 and 3.3 of the SPS Agreement?
(c) Could the United States provide Switzerland with comprehensive information on the
risk assessment carried out in accordance with the provision of Article 5 of the SPS
Agreement to justify the relevant measures?
(d) Could the United States indicate to which extent the provision of Article 2.3 of the
SPS Agreement is applied, requiring Members not to arbitrarily or unjustifiably
discriminate between Members where identical or similar conditions prevail,
including between their own territory and that of other Members?
D. CONCLUSIONS
10. Switzerland recognizes the difficulties the Unit ed States might encounter in evaluating the
relevant data submitted by other Members directly concerned by the relevant sanitary measures.
However, Switzerland is deeply concerned about the current US import requirements for meat and
meat products which do not appear to be based either on the relevant international standards or on
available scientific evidence.  Furthermore, the double control and inspection procedures required by
the USDA lead to an undue delay, inappropriate costs for the Swiss export industry, and unreasonablerestrictions on trade.
11. In view of the above considerations, Switzerland formally requests the authorities of the
United States to lift the import restrictions imposed on meat and meat products from Switzerland and
to provide answers to the above questions in due course.
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