WORLD TRADE
ORGANIZATIONG/SPS/GEN/330
17 June 2002
(02-3359)
Committee on Sanitary and Phytosanitary Measures Original:  English
SOUTH AFRICA – RESTRICTIONS ON THE IMPORT OF BEEF AND PORK
Submission by Brazil
1. In a fax letter dated 14 February 2002, the Department of Agriculture of the Republic of
South Africa informed the Brazilian Government that South Africa "decided not to allow the
importation of beef and pork from the States of Brazil where vaccination against foot-and-mouth
disease is practiced".  Justifying their measure, South Africa said further "Although countries such as
the European Union have resumed importations from Brazil we cannot afford to make any decision
that may jeopardise the success of our own application for FMD freedom".
2. In 14 May 2002, the Brazilian Government informed South Africa that "due to the lack of
technical and scientific facts presented by the Department of Agriculture of the Republic of South
Africa to validate its decision, the Brazilian authorities will notify the Sanitary and Phytosanitary
Committee (SPS) of the World Trade Organization (WTO) over the issue".
3. South Africa's ban on imported beef and pork raises serious concerns with respect to WTO
obligations, including those set out in the SPS Agreement.  This measure is not based on scientific
evidence or risk assessment.  South Africa has not demonstrated the scientific principle underlying the
restriction of meat from regions in Brazil considered free from FMD with vaccination as a protective
measure to assure for South Africa the status of free from FMD at the OIE or any other risk factor this
may represent to the importing country, as required by Article 5 of the SPS Agreement.  To the extent
that the ban is intended to address concerns with FMD, it is also not based on relevant, recently
updated OIE standards, recommendations, and guidelines.  South Africa has provided no validexplanation for its rejection of these elements of the OIE Code.  Finally, although this measure
appears to fall within the provisions of Annex B of the SPS Agreement, it has not been notified to the
WTO.
4. 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 minimizingnegative trade effects and ensure that SPS measures are not more trade-restrictive than required to
achieve an appropriate level of protection.
5. In view of the above considerations, Brazil requests that South Africa lift the ban on Brazilian
beef and pork, or at least accept risk mitigation procedures as established in the OIE Code and in
practice for Brazilian meat exports to a great number of markets world-wide.
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