. /.WORLD TRADE
ORGANIZATIONG/SPS/GEN/217
22 November 2000
(00-4972)
Committee on Sanitary and Phytosanitary Measures Original:  English
AUSTRALIA'S IMPORT RESTRICTIONS ON DURIAN
Statement by Thailand at the Meeting of 8-9 November 2000
1. Our delegation would like to bring to the attention of this Committee our concerns on the
access of Thai fresh durian to the Australian market due to its stringent phytosanitary measures.
2. Let me take a few minutes to give the Comm ittee the background of the 10-year long history
of our endeavour to export durians to Australia.  It was 1991 when Thailand requested Australia to
open its market for importation of our durians.  All the requested information including the list ofdurian pests was submitted to the Australian authority.  However, there was a considerable delay in
the risk assessment process due to Australia's constant requests for additional and new data.  This
process was prolonged for 8 years before Australia finally notified the Draft Import Risk Analysis to
the Committee in February 1999.  Thailand has filed her complaints to the Australian authority
through both diplomatic channels and bilateral meetings in various occasions on the Draft Import RiskAnalysis and has proposed modifications to many restrictive measures contained in the draft.  In
August 2000, Australia informed us that it would allow importation of durian fruits from Thailand
under certain conditions, which are unreasonable and unnecessary as well as trade restrictive.
3. Thailand fully respects the concerns of Australia for the protection of its durian plants and its
pest-free continent of which Australia has repeat edly informed the Committee.  Also we commend
Australia for permitting the importation of durians for the first time, but the requirements imposed are
unjustified and make the actual importation not commercially viable.  In this regard, we would like tocite some of these requirements and seek clarification from the Australian delegation:
1. Under the pre-export inspection for durian s eed borer (DSB), AQIS requires that for a
shipment of less than 1,000 fruits, samples of 450 fruits would be randomly selected and
cut open and for a shipment of more than 1,000 fruits, samples of 600 fruits.   As air cargo
is the best way of delivering fresh durian to Australia, the normal individual consignmentwould have about 500-1,000 fruits.  Therefore, pre-export volume of 2 fruits is needed for
actually exporting 1 fruit to the Australian market.  That would double the cost of durian in
each shipment.  We do not understand the rationale of the random sampling method that
requires samples of up to 60 per cent out of the total amount.  Is it reasonable and necessary?
Does Australia consider it commercially viable?  Are there any other methods which could beused to detect pests instead of the proposed primitive method of cutting the fruits open?  In
this regard, we wish to recall Article 5.4 and Annex C.1(e) of the SPS Agreement, which
stipulate that "Members should, when determining the appropriate level of sanitary or
phytosanitary protection, take into account the objective of minimizing negative trade effects"
and " Members shall ensure …  that:   any requirements for control, inspection and approval of
individual specimens of a product are lim ited to what is reasonable and necessary."G/SPS/GEN/217
Page 2
2. AQIS will only accept consignments that ar rive in Australia during the period from
1 April to 30 September of the same year.   Taking into account the restrictive measures
required by AQIS, which include intensive Integrated Pest Management (IPM), a monitoring
programme, and pre-export inspection, we question the reason why Australia has to limit the
importation period.  As a matter of fact, we consider that the measure is not consistent withArticle 4.2 of the Agreement on Agriculture and Article XI of GATT 1947 and that it is an
import restriction measure.  We would be intere sted to hear the views of Australia on the
issue.
3. Australia allows for the importation of durians only from the eastern region of
Thailand.   As a major durian exporter, Thailand has never been reported to have pest
outbreaks at economic levels in most recent years.  At present, durian growers in Thailand
have actively taken up pest preventive measures, which would reduce the risk to a certainlevel.  Therefore, we would like to request Australia to consider importing durians from
Thailand on the basis of whether or not the fruits are free from pests or diseases but not on the
basis of whether they come from a pest-free area or not.  This principle has been
internationally accepted.  Besides, we would be interested to hear from the Australian
delegation on the concept of "like product" especially when the durians are treated under thesame condition.
4. The cost of all AQIS audits and inspections of durians exported to Australia are to be
borne by Thailand.   We are especially concerned that these expenses would add to the
already high costs of production and exportation for our small-scale growers who would not
be able to afford them.
4. To this end, we would like to assure the Australian delegation that all the points we raised are
not meant to undermine Australia's plant health and quarantine policy but rather to suggest
alternatives of less trade distorting measures.  We would very much appreciate it if Australia kindly
gives us a reply in writing.
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