Indonesia – Importation of Horticultural
Products,
Animals and Animal Products
Request for Consultations by New Zealand
The following communication, dated 30 August 2013, 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, Article 6 of the Agreement
on Import Licensing Procedures ("Licensing Agreement"), and Articles 7 and 8 of the Agreement on
Preshipment Inspection concerning certain measures imposed by
Indonesia affecting the importation of animal products, animals and
horticultural products into Indonesia.
Indonesia imposes
prohibitions and restrictions affecting imports of a range of animal products,
animals and horticultural products.[1]
These prohibitions and restrictions include quotas, import restrictions, and
discretionary or non-automatic import licensing schemes.
The Indonesian
Government's stated basis for these measures is to restrict imports of certain
agricultural products where domestic production is deemed sufficient to satisfy
domestic demand. Quotas are set and allocated annually at ministerial-level
coordination meetings followed up by inter-ministerial technical meetings. For
instance, Indonesia has introduced diminishing import quotas for frozen beef of
73,000 tonnes (2010), 50,000 tonnes (2011), 34,000 tonnes (2012) and 32,000
tonnes (2013) with similar quotas applied to other products. These quotas and
restrictions are administered through discretionary and non-automatic import
licensing schemes that restrict the quantity, type[2],
and country of origin of imports during upcoming "semesters".
Indonesia does not
appear to administer these quotas and restrictions in a uniform, impartial or
reasonable manner as they are applied inconsistently and unpredictably.
Indonesia has also failed to publish or provide relevant information, including
overall quota details, sufficient for governments and traders to become
acquainted with them.
[1] The animal
products and animals are listed in the various laws and regulations referred to
in this request. They include, but are not limited to, carcasses, meats, edible
offals and/or processed products thereof as well as all materials derived from
fresh, processed or prepared animals for the purpose of consumption,
pharmaceutical, agricultural, and/or other uses. The horticultural products are
also listed in the various laws and regulations referred to in this request.
They include, but are not limited to, fruits, vegetables, medicinal plant
ingredients, floriculture, aesthetic materials and all products derived from
fresh or processed horticultural crops.
[2] Including
prohibiting imports of fresh horticultural products for consumption that were
harvested more than six months previously.
EN-US style='mso-ansi-language:EN-US'>The
relevant Indonesian measure defines animal products as including “all materials
originating from animals that are still fresh and/or have been treated or
processed for the purpose of consumption, pharmaceutical, agricultural, and/or
other uses for fulfillment of human needs and welfare.” Ministry of Trade
Regulation 22, Art. 1(5). The Indonesian
measures at issue also cover “carcasses, meats, edible offals, and/or processed
products thereof.” Ministry of Agriculture
Regulation 50, Art. 2(1).
[3] Rekomendasi Impor Produk Hortikultura.