. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/131
20 July 1999
(99-3016)
Committee on Sanitary and Phytosanitary Measures Original:  English
RESTRICTIONS ON THE EXPORT OF BOVINE SEMEN,
MILK AND MILK PRODUCTS
(NOTIFICATIONS:  G/SPS/N/ARG/38 AND G/SPS/ARG/47)
Statement by the European Communities at the meeting of 7-8 July 1999
I. INTRODUCTION
1. The Argentinean authorities notified as G/SPS/N/ARG/38 a draft measure concerning the
requirements to be met in order to export bovine products.  The resolution refers to the necessity to
establish a regulation for animals susceptible to Bovine Spongiform Encephalopathy (BSE) and
products thereof and it proposes to include bovine semen among low risk products, together with milkand milk products, gelatine, hides and tallow.
2. Argentina recently notified its import requirements for frozen bovine semen only,
G/SPS/N/ARG/47, where the precondition for export as regards BSE is country freedom or low BSE
risk.  Though it is not clearly indicated, this measure appears to repeal the previous import conditions.
However, it does not bring the relevant provisions into line with the existing internationalrecommendations and with the most recent scient ific findings on vertical transmission of BSE.
3. The European Communities questioned the Argentine import provisions under the relevant
agenda item of the SPS Committee meeting of 10-11 March 1999
1 and later commented on the
specific notification.  Argentina has not answered in writing the EC comments although it was
specifically requested to do so.
4. The European Communities indicated that the EC Scientific Steering Committee, in delivering
its opinion on the possible vertical transmission of BSE, at its meeting of 18-19 March 1999,concluded that it is unlikely that semen constitutes a risk-factor for BSE transmission.
5. Furthermore, Argentina admitted, in its Resolution N° 30 of 18 September 1998
(G/SPS/ARG/38), that the existing scientific data show that BSE cannot be transmitted through semen.
In addition, it notes that the OIE considers semen as a product that can be traded without restrictions.
6. The OIE International Animal Health Code , Chapter 3.2.13.3 on BSE, indicates that no
restrictions should be applied whatsoever by an importing country on a number of products of bovine
origin including bovine semen and milk derived from healthy animals, regardless of the status of the
exporting country.
7. The SPS Agreement requires Members to base their SPS measures on international standards,
guidelines and recommendations, where these exist.  Article 3 of the SPS Agreement allows Membersto introduce or maintain measure which result in a higher level of protection than would be achieved
by measures based on the relevant international norms, if there is a scientific justification or as a
                                                     
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consequence of the Member's chosen level of protection in accordance with the relevant provisions of
the SPS Agreement itself (Article 5, paragraph 1 through 8).
II. SPECIFIC QUESTIONS
8. Argentina maintains that the measure is based on the OIE Code as well as on scientific advice.
However, OIE does not consider milk or bovine semen as products susceptible of transmitting BSE ifderived from healthy animals.  The European Communities therefore questions the inclusion of semen
and milk in the category of products subject to severe restrictions.  We consider the categorization of
countries proposed by Argentina to be unclear, and it does not reflect the categorization proposed by
the OIE Code.
9. In the light of the above, and in accordance with Article 5.8 of the SPS Agreement, the
European Communities would ask the following questions to Argentina:
(a) Could Argentina explain the apparent discrepancy between the OIE Code
recommendations that allegedly served as a basis for the relevant measures and the
import requirements themselves?
(b) Could Argentina explain why the provisions of the OIE Code have been found
insufficient to achieve Argentina's appropriate level of protection?
(c) In consideration of Articles 3.1 and 3.3 of the SPS Agreement, could Argentina
explain to the European Communities the scientific justification behind the relevant
import requirements and provide the European Communities with comprehensive
information on the risk assessment that has been carried out?
(d) Could Argentina provide the European Communities with the criteria required to
determine the BSE status of a country, a region, or a region within a country?
(e) Could Argentina provide a list of countries currently recognized as free of BSE, or of
low risk from BSE?
(f) Could Argentina indicate to which extent it applies the provisions of Article 2.3 of the
SPS Agreement, requiring Members not to arbitrarily or unjustifiably discriminate
between Members where identical or similar conditions prevail, including betweentheir own territory and that of other Member?
III. CONCLUSIONS
10. The European Communities expresses its concerns on the current Argentine import
requirements for bovine semen, milk and milk products, which do not appear to reflect the most recent
scientific findings or the relevant international standards and pose serious unjustified restrictions to
trade.
11. The European Communities would appreciate receiving written answers to the above
questions, and would welcome a further exchange of  views in order to clarify EC member States'
health status and to work towards a mutually favourable resolution.
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