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SPS: Sanitary and Phytosanitary Issues

Title UNITED STATES - Sanitary measures applied by USA for imports of live bivalve molluscs
Creation Date 20 Feb 2008
Last update/check 11 Jan 2013
Barrier id 085114
Sector Agriculture and Fisheries
SPS measure Other SPS import restrictions
Country United States of America
Description of the measure

The USA requires the testing of the water in which bivalve molluscs (e.g. oysters) are reared for coliforms, whereas the European Union requires testing of the flesh of the bivalve molluscs for Escherichia coli.

The European Community Reference Laboratory for monitoring bacteriological and viral contamination of bivalve molluscs has studied the two approaches and has confirmed that the same level of protection is achieved.

The EU claims that the two different approaches achieve the same level of protection, and therefore should be regarded as equivalent, within the framework of Article 4 of the WTO/SPS Agreement (Sanitary and Phytosanitary).

Background
Barrier Status Monitoring solution
Actions Taken

 

The EC would like the USA to reconsider its approach and to take the necessary steps for allowing imports of EU bivalve molluscs into the USA. The issue has been repeatedly brought to the attention of the USA-Food and Drug Administration (FDA) by the European Commission. Imports of bivalve molluscs from the USA will continue to be allowed, on a provisional basis, until 01 July 2010. This period would allow to conclude on equivalence of the public health legislation governing the sector.
 

 

Hs codes
  • 0307 - Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, live, fresh, chilled, frozen, dried, salted or in brine; flours, meals and pellets of aquatic invertebrates other than crustaceans, fit for human consumption