WORLD TRADE
ORGANIZATIONWT/DS297/1
G/L/636
G/SPS/GEN/411
14 July 2003
(03-3804)
Original:  English
CROATIA – MEASURE AFFECTING IMPORTS
OF LIVE ANIMALS AND MEAT PRODUCTS
Request for Consultations by Hungary
The following communication, dated 9 July 2003, from the Permanent Mission of Hungary to the
Permanent Mission of Croatia and to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.
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My authorities have instructed me to request consultations with the Government of Croatia
pursuant to Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), Articles 1and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and
Article 11 of the Agreement on Sanitary and Phytosanitary Measures (SPS Agreement) concerning an
import measure on live animals and meat products introduced by Croatia.
The import measure was introduced by Croatia on 5 June without either preliminary notification
or subsequent notification to the SPS Committee since that date.  This measure is purported to aim at the
prevention of the spread of the TSE disease.  Still it applies apart from the ruminants, to all other animals
of any economic significance such as live pigs, poultry and fish and products thereof.  The measure
prohibits imports unless there is a prohibition in the exporting country on feeding animals with feed
containing animal protein (even fish meal is no t allowed to be used under all circumstances).
The repeated attempts by the Hungarian authorities have brought no solution to this issue. This
practical ban on imports remains in force for many Hungarian products, resulting in major losses to
agricultural producers and exporters of live animal s and meat products, especially pig products, running
into several tens of million USD, based on traditional volumes of trade.
The measure introduced by Croatia is not based on any scientific principle linked to the
prevention of the spread of TSE.  There is no scientific basis for applying such feeding requirements to
animals other than ruminants.  The Hungarian authorities are unaware of any case when TSE was proved
to be spread through pigs, poultry or fish and meat ther eof.  It has to be added that Hungary is a BSE free
country anyway.  Hungary is also not aware of any international standard which would justify such
feeding requirements.  The Hungarian authorities were not informed of any risk assessment eitherconducted by the competent Croatian authorities.
Hungary considers that the measure referred to above appears to be inconsistent with the
obligations of Croatia under Articles XI and XX of GATT 1994 and under the provisions of the SPS
Agreement and in particular, although not limited to, its Articles 2.2, 2.3, 3.1, 5.1, 5.2, 5.3, 5.6, 6.1, 6.2, 7and Annex B.
We look forward to receiving your reply to this request and to setting a mutually convenient date
and place for consultations.
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