WORLD TRADE
ORGANIZATIONG/SPS/GEN/135
23 July 1999
(99-3101)
Committee on Sanitary and
Phytosanitary MeasuresOriginal:  Spanish
REPLY BY THE ARGENTINE REPUBLIC TO DOCUMENT
G/SPS/GEN/114 SUBMITTED BY THE EUROPEAN UNION
Submission by Argentina at the Meeting of 7-8 July 1999
The Argentine Republic has not banned the import of bovine semen, but has established
specific risk assessment conditions, in accordance with the sanitary status of the exporting countries,
within the framework of the provisions of Article 5 of the SPS Agreement.  On that basis, bovine
semen has been imported in recent years from various member States of the EU in which no cases ofBovine Spongiform Encephalopathy (BSE) has been re corded, as in the case of Spain, Sweden and
the Netherlands (until the report of its first case of BSE in March 1997).  It is worth pointing out by
way of illustration that during the first three months of 1999 imports of bovine semen from Spain
increased by 27 per cent.
As part of the process of harmonization to bring national standards into line with international
norms, the Argentine Republic, by means of document G/SPS/N/ARG/37 of 29 January 1999, gave
notification of the draft regulation for the monitoring of imported reproductive material so as to
ensure traceability from the progeny, with the aim of taking the necessary measures to preserve the
Argentine Republic's sanitary situation with rega rd to transmissible spongiform encephalopathy.
With regard to the Argentinian notificati on contained in document G/SPS/N/ARG/38 relating
to the reclassification of bovine semen as a low-risk product on the basis of the IOE recommendations
(Article 3.2.13.3 of the International Animal Health Code), the Argentine Republic had not received
prior to 5 March 1999 any request from the European Union to be informed of the complete text of
the draft regulation notified.  However, following the 14th meeting of the SPS Committee
(8-11 March, in Geneva) the Argentinian representative personally handed over a copy of the draftregulation notified to the representative of the European Union and a further copy was sent by e-mail
on 15 March this year.  Consequently, contrary to  what is stated in document G/SPS/GEN/114 of
19 March 1999, and in accordance with our own records, it is incorrect that the Argentine Republic
has not replied to the European Union on this subject.
Furthermore, on 30 March 1999 a seminar was held under the auspices of the National
Agriculture and Food Quality and Health Service (SENASA) at which all the agricultural and/or
economic advisors of the member countries of the European Union were informed of the system for
monitoring imported reproductive material, the methods of analysis and the harmonization of the
sanitary requirements for the import of such products.  SENASA is ready to repeat this exercise withother Members of the WTO that may be interested.
At the end of last year, with a view to allowing the import of reproductive material,
questionnaires were sent out so as to learn the sanitary situation regarding BSE in the countries
concerned.  The replies began to be received between December 1998 and March 1999, but as these
were in English steps then had to be taken to translate and analyse them.G/SPS/GEN/135
Page 2
The Argentine Republic wishes it to be understood that, aware of the difficulty of establishing
the risk of transmission of BSE through semen, it has carefully followed the relevant scientific
recommendations and with the objective of minimizing negative trade effects, takes the view that such
transmission is improbable.  It is for that reason that the Argentine Republic has reclassified semen as
a low-risk product.  In addition, however, the Argen tine Republic requires a country risk analysis, as a
technical requirement prior to a definitive authorization to import and thus the information received
from Germany and other countries has been examined within the framework of the new national
regulation.  The Argentine Republic has been processing the information received as rapidly as the
resources available to SENASA allow.
With a view to hamonizing the health requirements and thereby avoiding arbitrary
distinctions, the Argentine Republic has started to address itself to the task of drawing up generalrequirements for the import of bovine semen, on the basis of the International Animal Health Code.
The preparation of these requirements has involved a process of consultation within all the
technical, scientific or agricultural areas concerned, with the consequent delay that such a process
involves and requires.  It has also required the amendment, alteration and updating of domesticlegislation, as well as notification and regional ag reement within the frame work of MERCOSUR, all
of which has probably taken longer than was consonant with either the wishes of the Argentine
Republic or the needs of the European Union.
The outcome of this process has been the General Requirements for the Importation of
Bovine Semen into the Argentine Republic, whic h must be observed by all countries wishing to
export semen to the Argentine Republic, and consequently the Argentine Republic considers that no
discrimination exists.  In accordance with the prin ciple of transparency in the Agreement, these
requirements are available to the States concerned and were sent to the WTO Secretariat on
5 May 1999 for publication.
CONCLUSION
The Argentine Republic considers that at no time has it acted in a way contrary to the spirit
and principles of the Agreement on the Application of Sanitary and Phytosanitary Measures of the
World Trade Organization.  On the contrary, in its concern to fully observe the provisions of this
Agreement it has been obliged to devote more tim e to this process than other Members would have
wished, but it has all been done with a view to establishing a satisfactory level of sanitary protection,
avoiding the creation of arbitrary and unjustifiable distinctions and taking account of the fact that no
cases of transmittable spongiform encephalopathy ha ve ever been recorded on the territory of the
Argentine Republic.
In conclusion, the Argentine Republic considers that it has answered all the specific questions
raised by the European Union in document G/SPS/G EN/114, but would like to make clear that it will
be presenting a summary of the evaluations of the country risk analysis, but that at the moment it has
only reached provisional conclusions and has requested various countries for additional information.G/SPS/GEN/135
Page 3
BOVINE SEMEN
Replies to the Consultation by the European Union
Summary of the evaluations of the country risk analysis on Bovine Spongiform
Encephalopathy (BSE), carried out by this service on the basis of the questionnaires returned by the
countries of the European Union:
1. List of countries to which the questionnaires were sent:
Belgium
Denmark
Finland
France
Germany
GreeceHungary
Ireland
Italy
Luxembourg
NetherlandsSpain
Sweden
United Kingdom of Great Britain and Northern Ireland
In addition the questionnaires concerned were sent to the following countries that are not
Members of the EU:
South Africa
Switzerland
2. Replies received from:
Belgium
Denmark
France
Germany
HungaryItaly
Luxembourg
Netherlands
Spain
SwedenUnited Kingdom of Great Britain and Northern Ireland
South Africa
Switzerland
2.1 Particular situation as revealed in the individual replies from the countries of the EU and
evaluated by the Department of Animal Quarantine (DCA):
2.1.1 Germany:  The reply has been analysed, and the conclusions reached and the proposals for
supplementary questions to be sent are now being considered by other sections of the department.G/SPS/GEN/135
Page 4
The assessment of risk in the country, as revealed in the document, arises from:
(a) The import of live animals from countries affected by this disease.  This excludes the
import of cattle from Switzerland and the United Kingdom, which have been
monitored and/or destroyed;
(b) the feeding of ruminants with animal protein during the period prior to 1994, the date
when the ban on this practice came into force.
2.1.2 Spain :  the risk analysis has been evaluated by this department and the supplementary
questions to which it has given rise have been prepared.
The following factors are regarded as involving country risk:
(a) Lack of specific regulations in the country prohibiting the consumption of animal
protein by ruminants;
(b) number of brains tested as a proportion of the ruminant population,  so that it remains
unclear how many animals have been subjected to histopathological or
immunochemical and histochemical analysis.  As the data is now being reorganized
by the Spanish Health Authority, the information available is incomplete;
(c) importing of flours, meals and pellets of meat, until their prohibition in 1996.
2.1.3 Netherlands:  In addition to the questionnaire, the replies from the Netherlands to the various
supplementary questions submitted have been evaluated and show that the Netherlands has carried out
the risk analysis on BSE requested by SENASA and that the results are satisfactory.
However, cases of BSE have appeared in native animals born after the introduction of the ban
on the consumption by ruminants of meat and bone meal originating from ruminants (1989).  The
detection of the disease in question (6 cases as at March 1999) indicates that a monitoring system is in
use in the country.
For the above reasons the Argentine Republic considers it to be of vital importance to
continue the epidemiological monitoring of the disease in that country.
2.1.4 France :  On two occasions (January and March 1999) an official translation of the annexes
was requested, so as to be able to evaluate the imports that have taken place.  Such information has
not so far been provided.
However, the report produced by this department identifies as risk factors the fact that the live
animals imported from countries such as Ireland and Portugal into France were not subjected to
post-mortem tests.  An additional risk factor is that the carcasses and sequestra (removed for health
reasons) were only banned in the manufacture of feed as recently as 1996.G/SPS/GEN/135
Page 5
2.2 The questionnaires from the followin g countries are now being evaluated:
Belgium
Denmark
FinlandHungary
Italy
Luxembourg
Sweden
Switzerland
United Kingdom of Great Britain and Northern Ireland
__________