JAPAN – MEASURES AFFECTING THE IMPORTATION OF APPLES
Document: Notification of Mutually Agreed Solution
Date: 2 September 2005
Document codes: WT/DS245/21; G/L/520/Add.1; G/SPS/GEN/299/Add.1; G/AG/GEN/50/Add.1
Complainant: U.S.
Respondent: Japan
Third parties: Australia, Brazil, China, Taiwan, EU, New Zealand
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. XI  GATT 1994Art. 2.2, 2.3, 5.1, 5.2, 5.3  Sanitary and Phytosanitary Measures (SPS)Art. 4.2  AgricultureArt. 5.5, 5.6, 6.1, 6.2, 7, Annex B  Sanitary and Phytosanitary Measures (SPS)

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 : 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

 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