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