WORLD TRADE
ORGANIZATIONG/SPS/GEN/334
24 June 2002
(02-3486)
Committee on Sanitary and Phytosanitary Measures Original:  English
ROMANIA’S MEASURES ON ANIMAL PRODUCTS
Communication from Moldova
A. INTRODUCTION
1. Romania recently introduced new sanitary and phytosanitary measures on imports of certain
animal products.
2. As a result of these measures, Moldovan exports of animal products, in particular meat, meat
products, milk and milk products and eggs were in fact banned.  The product sector is vital for the
economy of Moldova: last year it represented a bout 2.9 per cent of Moldova’s total exports and
17.4 per cent of exports to Romania.  The impact on the national economy has been severe
particularly at a time when Moldova faces serious economic problems.  Domestic producers have
been seriously affected, the damage already caused will be difficult to repair.
3. Bilateral discussions have taken place with Romania with a view to arriving at a mutually
satisfactory solution but so far with no results.  It may be useful to note that the bilateral trade
relations with Romania are also governed by a free trade agreement.
4. Moldova considers that the Romanian measures are not in conformity with WTO rules,
specifically those laid down in the SPS Agreement and that they constitute a disguised restriction on
international trade.
5. According to the newly applicable provisions, imported products must meet "sanitary and
phytosanitary requirements at least equivalent to  those provided for in EU directives".  The
inconsistent nature of the said measures results from the fact that given the current level of sanitarystandards applied by Romania in its own territory, the measures introduce an arbitrary discrimination
against the export trade of Moldova and other WTO Members to Romania.  According to the new
provisions, imports into Romania must meet sanitary and phytosanitary conditions that are more
rigorous and strict than those at present applicable in Romania.  They are based neither on scientific
evidence nor on any assessment of the risks to human, animal or plant life or health.  The measurestherefore contravene a number of provisions of the SPS Agreement, including in particular Articles
2.1, 2.2, 2.3, 3.3, 5.1, 5.5 and Annex B of the SPS Agreement.
B. T
HE RESTRICTIONS PREVENT ACCESS TO THE ROMANIAN MARKET
6. The market access restrictions of Romania applied to products of animal origin are based on:
Government Decision n° 409 of 25 April 2002, on Minister Order n° 234 of 13 July 2001 and on twoimplementing service notes of the Ministry of Agriculture, Food and Forestry, n° 54157 of
12 March 2002 and n° 55554 of 10 May 2002.G/SPS/GEN/334
Page 2
7. These two service notes provide that imports must conform with paragraphs c), d) and e) of
Article 3 of Order n° 234/200.  Products of animal origin that are allowed to be imported into
Romania are only those that:
(c) come from third countries which are included in the official lists approved for export
to the European Union;
(d) come from entities of third countries included in the official lists approved for export
to the European Union;
(e) from third countries whose veterinary services are able to guarantee compliance with 
sanitary requirements at least equivalent to those established by EU Directives.
C. THE RELEVANT PROVISIONS OF THE SPS A GREEMENT
8. This section describes succinctly the various SPS disciplines which Romania breached by
introducing the above measures.
Risk Assessment9. A basic principle of the SPS Agreement is the obligation to base sani tary and phytosanitary
measures on an adequate assessment of risk to human, animal and plant health or life (Art. 5.1).
Romania has not presented any scientific evidence of risk that could justify its measures and did not
prove that its measures were necessary to protect human, animal and plant health or life.
Harmonization
10. The SPS Agreement encourages WTO Members to base their national measures as much as
possible on international standards, guidelines or recommendations where they exist (Art. 3.1).
11. Moldova readily recognizes the necessity and legitimacy of harmonization and full
implementation of the "acquis communautaire", including the SPS regime, by its trading partners,which have applied for accession to the European Communities, including Romania, as from their
date of accession.  We recognize and accept that a process of appropriate and progressive adjustment
is inevitable.  Moldovan institutions have already started working in that direction.  However this
process needs time and for Moldova progress will depend to an important extent on outside technical
assistance.
12. However, Moldova considers that the sudden adoption and application of European SPS
standards in trade with third countries even before such standards are fully applied throughout theterritory of the EU candidate country itself does not respond to SPS concerns, that it is artificial and
clearly protectionist.  In sum, the Romanian m easures unjustifiably and arbitrarily discriminate
against the export trade of Moldova.
Proportionality13. Article 5.6 of the SPS Agreement obliges Members to adopt measures that respect the
principle of proportionality and are not more restrictive than required to achieve the appropriate level
of sanitary and phytosanitary protection taking into account technical economic feasibility.
14. This principle is respected when, among alternative measures aiming at ensuring the
appropriate level of SPS protection, Members take measures that are not more trade-restrictive thanrequired.  The applied restrictions in fact are entirely prohibitive in respect of imports of products ofG/SPS/GEN/334
Page 3
animal origin from Moldova and thus completely  disproportionate to the necessity to obtain an
acceptable risk level, equivalent to that practiced at present in Romania.
Transparency
15. Under the SPS Agreement (Art.7), Members are obliged to notify other Members when they
modify their SPS measures in a way that may affect trade.  Annex B to the SPS Agreement prescribes
detailed transparency procedures.  In spite of the fact that Order n° 234/2001 was formally issued by
the Ministry of Agriculture, Food and Forestry on 13 July 2001 and that the two service notes of
March and May this year concerning the new SPS measures imposed on imports have a significant
effect on trade, they were not notified to the WTO secretariat.  Neither was Moldova notified on a
bilateral basis.
16. The way the SPS measures concerned were introduced did not provide any reasonable period
of time for the Moldovan producers "to adapt their products and methods of production" to the new
sanitary requirements.
17. In addition, item e) of Article 3 of Order n°  234/2001, mentioned in paragraph 7 above, does
not indicate the precise EU Directives referred to.
D. CONCLUSIONS AND REQUEST
18. In the light of the above, Moldova considers that the SPS measures adopted by Romania in
respect of products of animal origin are inconsistent with the SPS Agreement.
19. The Government of Moldova asks that these measures be rescinded without delay pending the
submission of convincing scientific evidence of any risks that such trade could cause to human,
animal or plant life or health.
20. Moldova is ready to engage discussions with all interested members with a view to rapidly
finding a satisfactory solution.
__________