Indonesia – Importation of Horticultural
Products,
Animals and Animal Products
Request for Consultations by New Zealand
The following communication,
dated 8 May 2014, from the delegation of New Zealand to the delegation of
Indonesia and to the Chairperson of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
_______________
My
authorities have instructed me to request consultations with the Government of
the Republic of Indonesia ("Indonesia") pursuant to Articles 1 and 4
of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994
("GATT 1994"), Article 19 of the
Agreement on Agriculture ("Agriculture Agreement"), Article 6
of the Agreement on Import Licensing
Procedures ("Import Licensing Agreement") and Articles 7
and 8 of the Agreement on Preshipment Inspection
concerning certain measures imposed by Indonesia on the importation of
horticultural products,[1] animals, and animal products[2] into Indonesia.
[1] The relevant Indonesian measure defines horticulture
as "all matters relating to fruits, vegetables, plant medicinal materials,
and floriculture" and horticultural products as "all products
originating from fresh or processed horticultural plant." Ministry of Trade (MOT) Regulation 16/2013,
Articles 1(1) and 1(2) as amended by MOT Regulation 47/2013.
[2] The relevant Indonesian measures define animal
products as "all materials originating from animal that are fresh and/or
processed for consumption, pharmaceutical, farming, and/or other purposes for
fulfilling the needs and welfare of human." MOT Regulation 46/2013, Article 1(5). The Indonesian measures at issue also cover "carcasses,
meats, edible offals, and/or their derivatives." Ministry of Agriculture (MOA) Regulation
84/2013.