DS: Turkey — Import Ban on Pet Food from Hungary

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Summary of the dispute to date

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Consultations

Complaint by Hungary.

On 3 May 2002, Hungary requested consultations with Turkey. This request was in respect of Turkey’s import ban on pet food from Hungary. Hungary claimed that this import ban, which applies to any European country from the beginning of 2001, is imposed with the declared intention to be protected against the spread of BSE (Bovine Spongiform Encephalopathy). Hungary submitted that, since Hungary is a BSE-free country, the danger of alleged cross-infection does not seem to have any scientific basis. Hungary also noted that its pet food is used exclusively for the feeding of cats and dogs. In addition, Hungary submitted that there was neither official publication of the Turkish regulation imposing the ban, nor notification of it to the relevant WTO Committee.

Hungary considered that the import ban appears to be inconsistent with Turkey’s obligations under Article XI of the GATT 1994; Articles 2.2, 2.3, 5.1, 5.2, 5.6, 6.1, 6.2 and 7 and Annex B of the SPS Agreement; Article 14 of the Agreement on Agriculture.

Hungary also claimed that Turkey’s measure appears to nullify and impair the benefits accruing to Hungary directly or indirectly under the said agreements.