As of April 2002, over 250 disputes had formally been raised under the WTO’s dispute settlement system. Of these, 20 alleged violation of the SPS Agreement, although in four cases this was not the main focus of the dispute. In five cases, panels have been established: two with regard to the EU ban on meat treated with growth-promoting hormones; two with regard to Australia’s restrictions on imports of fresh, chilled or frozen salmon; and one to examine Japan’s requirement that each variety of certain fruits be tested with regard to the efficacy of fumigation treatment.

Of the remaining disputes, in several cases the bilateral consultations allowed the parties to find mutually agreed solutions. The other cases are still pending, and if a solution is not eventually found, the complaining party could request the establishment of a panel. Click here for an overview of all disputes alleging violation of the SPS Agreement.

Two of these five SPS cases regarded an European Communities (EC) ban on imports of meat treated with growth-promoting hormones, brought forward by the United States and Canada. The third case, also brought forward by Canada, dealt with Australia’s import restrictions on fresh, chilled or frozen salmon. The United States later requested a panel on this same issue. In the fifth case, the United States complained about Japan’s requirement for testing each variety of a fruit for efficacy of fumigation treatment. Thus, there has been one case in each of the three areas of application of the SPS Agreement: food safety (hormones), animal health (salmon), and plant health (variety testing).

WTO disputes invoking the SPS Agreement Between 1 January 1995 and April 2002, violations of the SPS Agreement have been alleged in the following invocations of the formal dispute settlement provisions of the WTO. Those which have been referred to a panel are highlighted.
DS Number	Parties and nature of complaint	Comments
WT/DS3	US complaint against Korea’s inspection procedures for fresh fruits	Consultations requested 6 April 1995; pending.
WT/DS41	US complaint against Korea’s inspection procedures for fresh fruits	More precise complaint apparently covering the same measures as above dispute. Consultations requested 24 May 1996; pending.
WT/DS5	US complaint against Korea’s shelf-life requirements for frozen processed meats and other products	Mutually agreed solution notified in July 1995.
WT/DS18	Canada’s complaint against Australia’s import restrictions on fresh, chilled or frozen salmon	Panel established 10 April 1997. Panel report issued 12 June 1998. Appellate Body report issued 20 October 1998. Reports adopted 6 November 1998. Reasonable period of time given: until 6 July 1999. Article 21.5 panel (on compliance) report circulated on 18 February 2000; adopted (without appeal) on 20 March 2000. Mutually agreed solution reported on 18 May 2000. Article 22.6 panel (on level of retaliation) established on 28 July 1999, inactive since September 1999; awaiting confirmation of settlement.
WT/DS21	US complaint against Australia’s import restrictions on fresh, chilled or frozen salmon	Panel established on 16 June 1999. Inactive since September 1999; statement of mutually agreed settlement made in November 2000.
WT/DS20	Canada’s complaint against Korea’s restrictions on treatment methods for bottled water	Mutually agreed solution notified in April 1996.
WT/DS26	US complaint against EC’s import prohibition on imports of meat treated with growth-promoting hormones	Panel established 20 May 1996. Panel report issued 18 August 1997. Appellate Body report issued 16 January 1998. Reports adopted on 13 February 1998. Reasonable period of time given: until 13 May 1999. Art. 22.6 arbitration on amount of retaliation authorized for US (and Canada, see below) issued on 12 July 1999. Retaliation authorized on 26 July 1999.
WT/DS48	Canada’s complaint against EC’s import prohibition on imports of meat treated with growth-promoting hormones	Panel established 16 October 1996. Same panel handled both complaints; same calendar as above.
WT/DS76	US complaint against Japan’s “varietal testing” requirement for fresh fruits	Panel established 18 November 1997. Panel report issued 27 October 1998. Appellate Body Report issued 22 February 1999. Reports adopted on 19 March 1999. Reasonable period of time mutually agreed: until 31 December 1999. Agreed solution announced in September 2001.
WT/DS96	EC complaint against India’s quantitative restrictions on agricultural and other products	SPS minor issue; mutually agreed solution notified in April 1998.
WT/DS100	EC complaint against US restrictions on poultry imports	Consultations requested 18 August 1997; pending.
WT/DS133	Swiss complaint against Slovakia’s BSE-related restrictions on cattle and meat	Consultations requested 11 May 1998; pending.
WT/DS134	India’s complaint against EC restrictions on rice imports	SPS minor issue. Consultations requested 25 May 1998; pending.
WT/DS135	Canada’s complaint against EC (French) measures affecting asbestos	Primarily Article XX issue; panel established 25 November 1998. Report circulated 18 September 2000. Appellate Body report issued 12 March 2001.
WT/DS137	Canada’s complaint against EC restrictions due to pine wood nematodes	Consultations requested 17 June 1998; pending.
WT/DS144	Canada’s complaint against US state restrictions (South Dakota, etc) on movement of Canadian trucks carrying live animals and grains	Consultations requested 25 September 1998; pending.
WT/DS/203	US complaint against Mexico on measures affecting trade in live swine	Primarily anti-dumping. Consultations requested 10 July 2000; pending.
WT/DS/205	Thai complaint against Egypt’s GMO-related prohibition on imports of canned tuna with soybean oil	Consultations requested on 22 September 2000; pending.
WT/DS/237	Ecuadorian complaint against Turkey’s import requirements for fresh fruit, especially bananas	Consultations requested on 31 August 2001, pending.
WT/DS/245	US complaint against Japan’s restrictions on apples due to fire blight	Consultations requested on 1 March 2002, pending.

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