Tuesday, July 15, 2003
WTO: Japan Apple Import Rules Illegal
By NAOMI KOPPEL Associated Press Writer

GENEVA (AP) - Japanese health rules on imported U.S. apples that include a
545-yard buffer zone around orchards and regular inspections are illegal
under international trade law, the World Trade Organization said Tuesday.

A panel of trade experts found that Japan's measures - designed to protect
its own apple trees from fire blight - are not based on scientific
evidence. The ruling was made following a complaint by the United States.

Fire blight is a bacterial infection that affects apples, pears and roses.
Although it poses no danger to human health, affected trees produce
reduced crops and may die. It is carried between trees by rain, wind and
insects and is widespread in the United States.

Japan, which does not have fire blight, imposed a series of strict rules
on imports of U.S. apples to ensure that they could not carry the bacteria
either on their surfaces or internally.

The rules include a wide buffer zone around disease-free orchards destined
for export to Japan, and a requirement that the orchards be inspected at
least three times during the growing season. There also are conditions on
harvesting, packaging and treatment.

The United States last year brought a complaint to the WTO, claiming that
the restrictions are unnecessary and are preventing U.S. apple growers
from selling their crops to Japan.

Japan claimed that the measures are allowed under WTO rules that permit
countries to act to protect humans, animals and plants from disease.

The WTO panel, which consulted experts during its deliberations, found
that it was extremely unlikely that mature apples with no sign of
infection could harbor the bacteria.

Even if infected apples did get into Japan, the panel said it was unclear
that they could transmit the disease to Japanese plants. It said there was
no assessment of the degree of likelihood of contamination and the
Japanese had failed to look at other ways of protecting themselves from
fire blight.

The Japanese government has 30 days to appeal.

In 1998, the WTO ruled against another Japanese health measure that
required extensive tests on apples and seven other types of fruits before
new varieties could be imported.

2003-07-15     17:56:49 GMT

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