European Communities – Certain Measures Affecting Poultry Meat and Poultry Meat Products from the United States

Request for Consultations by the United States

            The following communication, dated 16 January 2009, from the delegation of the United States to the delegation of the European Communities 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 European Communities ("EC") pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), Article 19 of the Agreement on Agriculture ("Agriculture Agreement"), Article 14 of the Agreement on Technical Barriers to Trade ("TBT Agreement"), and Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") regarding certain measures of the EC affecting poultry meat and poultry meat products ("poultry") from the United States.

            The EC prohibits the import of poultry treated with any substance other than water unless that substance has been approved by the EC.  Consequently, the EC prohibits the import of poultry that has been processed with chemical treatments ("pathogen reduction treatments" or "PRTs") designed to reduce the amount of microbes on the meat, effectively prohibiting the shipment of virtually all US poultry to the EC.  The EC has not published or otherwise made available the process for approving a substance.  The EC also maintains a measure regarding the marketing standards for poultry meat, which defines "poultrymeat" as only "poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment."

            In 2002, the United States requested the European Commission ("Commission") to approve the use of four PRTs in the production of poultry intended for export to the EC:  chlorine dioxide, acidified sodium chlorite, trisodium phosphate, and peroxyacids.  However, after more than six years, including unexplained delays, the EC has not approved any of these four PRTs and instead has rejected the approval of the use of these four PRTs.