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WORLD TRADE
ORGANIZATION

WT/DS18/RW
18 February 2000

(00-0542)
Original: English

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
- RECOURSE TO ARTICLE 21.5 BY CANADA -



REPORT OF THE PANEL



The report of the Panel on Australia - Measures Affecting Importation of Salmon - Recourse to Article 21.5 by Canada - is being circulated to all Members, pursuant to the DSU. The report is being circulated as an unrestricted document from 18 February 2000 pursuant to the Procedures for the Circulation and Derestriction of WTO Documents (WT/L/160/Rev.1). Members are reminded that in accordance with the DSU only parties to the dispute may appeal a panel report. An appeal shall be limited to issues of law covered in the Panel report and legal interpretations developed by the Panel. There shall be no ex parte communications with the Panel or Appellate Body concerning matters under consideration by the Panel or Appellate Body.

TABLE OF CONTENTS

  1. INTRODUCTION
  1. TERMS OF REFERENCE

  2.  

  3. PANEL COMPOSITION
  1. FACTUAL ASPECTS
  1. GENERAL
  1. Salmon
     
  2. Diseases of salmon
  1. THE 1999 IMPORT RISK ANALYSES

  2. MEASURES REGARDING IMPORTS OF FRESH CHILLED OR FROZEN SALMON FROM CANADA
  1. Animal Quarantine Policy Memorandum 1999/51 (AQPM 1999/51) Final Reports of Import Risk Analyses on Non-Viable Salmonid Products, Non-Viable Marine Finfish Products and Live Ornamental Finfish and Adoption of New Policies
     
  2. Animal Quarantine Policy Memorandum 1999/69 (AQPM 1999/69) Importation of Uncanned Salmonid Product
  1. MEASURES REGARDING IMPORTS OF NON-VIABLE, NON-SALMONID FINFISH
  1. Animal Quarantine Policy Memorandum 1999/51 (AQPM 1999/51) Final Reports of Import Risk Analyses on Non-Viable Salmonid Products, Non-Viable Marine Finfish Products and Live Ornamental Finfish and Adoption of New Policies
     
  2. Animal Quarantine Policy Memorandum 1999/64 (AQPM 1999/64) Implementation of New Quarantine Requirements for the Importation of Non-Viable, Non-Salmonid Marine and Freshwater Finfish and Their Products
     
  3. Animal Quarantine Policy Memorandum 1999/79 (AQPM 1999/79) Implementation of New Quarantine Policies for the Importation of Non-Viable, Non-Salmonid Marine and Freshwater Finfish and Their Products
  1. MEASURES REGARDING IMPORTS OF LIVE ORNAMENTAL FINFISH
  1. Animal Quarantine Policy Memorandum 1999/51 (AQPM 1999/51) Final Reports of Import Risk Analyses on Non-Viable Salmonid Products, Non-Viable Marine Finfish Products and Live Ornamental Finfish and Adoption of New Policies

  2. Animal Quarantine Policy Memorandum 1999/77(AQPM 1999/77) Importation of Ornamental Finfish
  1. TASMANIA'S RESTRICTIONS ON SALMONID IMPORTS
  1. CLAIMS OF THE PARTIES
     
  2. SUMMARY OF MAIN ARGUMENTS OF THE PARTIES
  1. INTRODUCTION
Australia
Canada
  1. TERMS OF REFERENCE
Australia
Canada
  1. THE TASMANIAN MEASURE
Canada
Australia
  1. DUE PROCESS
Australia
  1. MEASURES TO COMPLY WITH THE RECOMMENDATIONS AND RULINGS OF THE DSB
Canada
Australia
  1. ARTICLE 5.1 OF THE SPS AGREEMENT
Canada
Australia
Canada
  1. Evaluation of the likelihood of entry, establishment or spread of diseases and the associated consequences
Canada
Australia
  1. Evaluation of likelihood … according to the SPS measures which might be applied
Canada
Australia
  1. Measures based on a risk assessment
Canada
Australia
  1. ARTICLE 5.5
Canada
Australia
  1. Different appropriate levels of protection in different situations
Canada
Australia
  1. Distinctions in levels of protection in different situations
Canada
Australia
  1. Diseases of imported salmonids versus domestic fish
Canada
Australia
  1. Arbitrary and unjustifiable distinctions
Canada
Australia
  1. Discrimination or a disguised restriction on international trade
Canada
Australia
  1. ARTICLE 5.6
Canada
Australia
  1. Alternative measures reasonably available, taking into account technical and economic feasibility
Canada
Australia
  1. Alternative measures that would achieve Australia's ALOP
Canada
Australia
  1. Alternative measures significantly less restrictive to trade
Canada
Australia
  1. ARTICLE 2.3
Canada
Australia
  1. ARTICLE 8 AND ANNEX C
Canada
Australia
  1. SUMMARY OF THIRD PARTY SUBMISSIONS
  1. EUROPEAN COMMUNITIES

  2. NORWAY

  3. UNITED STATES
  1. PANEL CONSULTATION WITH SCIENTIFIC EXPERTS
  1. PANEL PROCEDURES WITH REGARD TO SCIENTIFIC EXPERTISE

  2. QUESTIONS TO THE EXPERTS - COMPILED RESPONSES
  1. FINDINGS
  1. CLAIMS OF THE PARTIES

  2. PRELIMINARY ISSUES
  1. Third party rights
     
  2. "Government Confidential Information"
     
  3. Non-requested information submitted to the Panel
     
  4. Terms of Reference
(i) The Measures at Issue

(ii) Legal Claims -- and their Product Scope -- within the Panel's Terms of Reference

(iii) The Tasmanian Import Ban

  1. THE EXISTENCE … OF MEASURES TAKEN TO COMPLY WITH THE RECOMMENDATIONS AND RULINGS" OF THE DSB IN THE SENSE OF ARTICLE 21.5 OF THE DSU
     
  2. SANITARY MEASURES BASED ON A RISK ASSESSMENT PURSUANT TO ARTICLE 5.1 OF THE SPS AGREEMENT
  1. The three requirements of a risk assessment in accordance with the SPS Agreement
(a) The second requirement: "The evaluation of the likelihood of entry, establishment or spread of … disease"

(b) The third requirement: "The evaluation of the likelihood … according to the sanitary … measures that might be applied"

  1. Sanitary measures based on a risk assessment
     
  2. The Panel's conclusion under Article 5.1
  1. ARBITRARY OR UNJUSTIFIABLE DISTINCTIONS IN APPROPRIATE LEVELS OF PROTECTION IN THE SENSE OF ARTICLE 5.5 OF THE SPS AGREEMENT
  1. The first element of Article 5.5
     
  2. The second element of Article 5.5
     
  3. The third element of Article 5.5
     
  4. The Panel's conclusion under Article 5.5
  1. DISCRIMINATION IN THE SENSE OF ARTICLE 2.3, FIRST SENTENCE, OF THE SPS AGREEMENT

  2. SANITARY MEASURES SHALL NOT BE "MORE TRADE-RESTRICTIVE THAN REQUIRED" IN THE SENSE OF ARTICLE 5.6 OF THE SPS AGREEMENT
  1. Is there another measure that "achieves [Australia's] appropriate level of sanitary ... protection"?

(a) No consumer-ready requirements

(b) Different consumer-ready requirements

  1. Is there another measure that is "reasonably available taking into account technical and economic feasibility"?
     
  2. Is there another measure that is "significantly less restrictive to trade"?
     
  3. The Panel's conclusion under Article 5.6
  1. INFORMATION REQUIREMENTS CONTRARY TO PARAGRAPH 1(C) OF ANNEX C TO THE SPS AGREEMENT

  2. THE TASMANIAN MEASURE OF 24 NOVEMBER 1999
  1. CONCLUSIONS

Annex 1 - Transcript of the Joint Meeting with Experts, held on 8 December 1999

Annex 2 - Revised Working Procedures   



I. INTRODUCTION

1.1 On 6 November 1998, the Dispute Settlement Body (DSB) adopted the Appellate Body report on Australia - Measures Affecting Importation of Salmon (WT/DS18/AB/R) and the panel report (WT/DS18/R), as modified by the Appellate Body report, requesting that Australia bring its measures into conformity with the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). On 23 February 1999, the Arbitrator, appointed in accordance with Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), decided that the reasonable period of time to implement the rulings and recommendations of the DSB in this case would expire on 6 July 1999.

1.2 On 15 July 1999, Canada announced its intention to request authorization from the DSB to suspend the application to Australia of tariff concessions and related obligations under the General Agreement on Tariffs and Trade 1994, pursuant to Article 22.2 of the DSU (WT/DS18/12).

1.3 At the meeting of the DSB held on 27 and 28 July 1999, Australia informed the DSB that it had fully implemented the DSB's recommendations through an Australian Quarantine and Inspection Service (AQIS) decision of 19 July 1999. At the same meeting, Canada requested the establishment of a panel pursuant to Article 21.5 of the DSU. The DSB agreed that the Article 21.5 request be referred to the original Panel. The DSB also agreed, at the request of Australia, that the matter would be referred to arbitration to determine the level of suspension of concessions, pursuant to Article 22.6 of the DSU. Canada and Australia agreed that the arbitration proceedings would be held in abeyance until after the circulation of the panel report under Article 21.5. If the Article 21.5 Panel found that Australia had acted inconsistently with its WTO obligations, then Australia and Canada would request the immediate resumption of the Article 22.6 arbitration, regardless of whether either party appealed the Article 21.5 panel report.

1.4 The European Communities, Norway and the United States reserved their third-party rights in the 21.5 panel proceedings.

A. TERMS OF REFERENCE

1.5 The following standard terms of reference applied to the work of the Panel:

"To examine, in the light of the relevant provisions of the covered agreements cited by Canada in document WT/DS18/14, the matter referred to the DSB by Canada in that document and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements".

B. PANEL COMPOSITION

1.6 The Panel was composed as follows:

    Chairman:

    Mr. Michael Cartland

    Members:


    Mr. Kari Bergholm
    Ms. Claudia Orozco

1.7 The Panel met with the parties, the third parties and the experts advising the Panel on 8-10 December 1999. The Panel submitted its report to the parties on 31 January 2000.

II. FACTUAL ASPECTS

A. GENERAL

1. Salmon

2.1 The product subject to the dispute is, as in the original case, fresh chilled and frozen salmon product, from Canada, destined for human consumption. Fresh chilled and frozen salmon comes within Codes 0302 to 0304 of the Harmonized System of tariff classification. Hereafter this product is referred to as "fresh chilled or frozen salmon".1

2.2 In Canada, there are five sources of uncooked salmon for export2:

(i) adult, wild, ocean-caught Pacific salmon;

(ii) adult, wild, freshwater-caught Pacific salmon;

(iii) adult, Pacific salmon cultured in seawater on the Pacific coast;

(iv) adult, Atlantic salmon cultured in seawater on the Pacific coast; and

(v) adult, Atlantic salmon cultured in seawater on the Atlantic coast.

2. Diseases of salmon

2.3 Australia has imposed restrictions on the importation of fresh chilled and frozen salmon from Canada since 1975, on the basis that importation of Canadian salmon could result in the introduction of exotic disease agents into Australia, with negative consequences for the health of fish in Australia. In the original dispute, Australia identified 24 disease agents of concern associated with the importation of Canadian salmon. On the basis of the 1999 Import Risk Analysis on Non-Viable Salmonids and Non-Salmonid Marine Finfish3 (hereafter the 1999 IRA), Australia identified six disease agents associated with Canadian salmon as requiring risk management measures in addition to evisceration (see paragraph 2.17)

2.4 With respect to international trade in fish, the OIE identifies three of the diseases of concern to Australia as "notifiable diseases" (infectious haematopoietic necrosis (IHN), viral haemorrhagic septicaemia (VHS), and oncorhynchus masou virus), and five others as "significant diseases" (bacterial kidney disease (BKD) or Renibacterium salmoninarum (R. salmoninarum); infectious pancreatic necrosis (IPN); infectious salmon anaemia (ISA); Gyrodactylus salaris and piscirickettsiosis (Piscirickettsia salmonis)). To avoid the introduction of these disease agents with the importation of fresh chilled or frozen fish, the OIE recommends that fish be eviscerated before importation.4

2.5 The disease agents at issue in this dispute are not of concern from a human health perspective.

B. THE 1999 IMPORT RISK ANALYSES

2.6 Following the conclusions of the original dispute, AQIS undertook further import risk analyses with respect to fresh chilled and frozen salmon for human consumption ("non-viable salmonids"), other non-viable marine finfish, and, separately, live ornamental fish. Drafts of the various chapters of the 1999 IRA were published electronically and updated regularly on the AQIS home page. The complete 1999 IRA was published in July 1999, and version published in book form (also dated July 1999) was issued on 12 November 1999.

2.7 The 1999 IRA considers the animal health risks potentially associated with the importation into Australia of non viable salmonids and other marine finfish from any country. It is a generic import risk analysis, addressing all potential relevant pests and diseases, for all members of the family Salmonidae, as well as Ayu or sweetfish, and all other finfish species caught in marine or brackish waters.

2.8 The 1999 IRA drew on information contained in the previous salmon import risk analyses conducted by Australia5, as well as on the New Zealand salmon risk analyses of 1994-97.

2.9 The base products considered in the 1999 IRA are eviscerated salmonids and whole, not eviscerated (round) non-salmonid marine finfish. Whole, eviscerated salmonids are sold for human consumption; non-viable, not eviscerated non-salmonid marine finfish may be used for human consumption, as feed for fish, as fishing bait or for further processing (e.g. for pet food).

2.10 The 1999 IRA first identifies the disease agents of concern requiring further consideration. A disease agent is given specific consideration in the 1999 IRA if it is infectious, and either exotic to Australia or present in Australia but subject to official control, and if the disease agent is OIE-listed or would be expected to cause significant harm in Australia. On the basis of these criteria, the disease agents of concern are categorized into those whose consideration is of higher priority or lower priority.

2.11 For each of the 15 "higher priority" diseases (called Group 1 diseases), the 1999 IRA identifies the factors affecting the probability of a disease agent entering and becoming established in Australia - also called the release and exposure assessments. The factors enumerated in this respect are:

(a) The probability of the disease agent being present in the source country/region of the commodity, and if present, its prevalence. The 1999 IRA states that in examining the available data, account was taken of the extent of surveillance and monitoring by competent authorities in the exporting countries.

(b) The probability of the disease agent being present in an infective form in the commodity on entering Australia. This includes consideration of lifecycle stages (for example, the higher prevalence of disease agents in juvenile and/or sexually mature fish); the origin of the fish (i.e. wild vs. farmed); local dispersal of some disease agents, and time of the year, as well as of inspection and grading of fish. Washing, cold storage or other handling procedures may reduce some risks. Also relevant in this regard is the probability of a disease agent being present in the particular tissues imported, including the blood, skin, etc.

(c) The probability of the disease agent in an infective form entering the aquatic environment of Australia. This depends on the processing, end-use and disposal of the commodity and the capacity of the disease agent to persist, in an infective form, in the commodity after processing, use or disposal. The 1999 IRA details the possible pathways which might be followed by a product imported for human consumption eventually reaching the aquatic environment. With regard to salmon for human consumption, the 1999 IRA identifies as of greatest concern the risks associated with disposal of wastes from the further commercial processing of salmon within Australia.

(d) The probability of the disease agent, having entered the aquatic environment, establishing infection in susceptible hosts. This depends on the capacity of the disease agent to survive in the aquatic environment, in an infective form, and the ease of infection of susceptible hosts and subsequent transmission of infection to others within a population.

The 1999 IRA describes the probability of an event occurring as:

    high:

    event would be expected to occur

    moderate:

    less than an even chance of the event occurring

    low:

    event would be unlikely to occur

    very low:

    event would occur rarely

    extremely low:

    event would occur very rarely

    negligible:

    chance of event occurring is so small that it can be ignored in practical terms.

The 1999 IRA notes that these categories are not equidistant from each other, and that most fall into the range of being greater than zero but less than 50 per cent.

2.12 The 1999 IRA subsequently identifies the biological and consequential effects of the establishment of a new disease agent on the affected fishery industry and on the environment. In considering the "consequence assessment", the 1999 IRA indicates that the effects of a disease can generally be ameliorated by the adoption of methods for control or eradication, but that these measures have associated costs which must also be taken into consideration. The 1999 IRA notes that the biological effect of the establishment of disease is normally evaluated in terms of morbidity and mortality rates, and the costs associated with controlling or eradicating the disease. The economic effect of the establishment of disease is normally evaluated in terms of the costs arising from the biological effects and the commercial implications for domestic and international marketing of affected animals and products. The establishment of disease may also affect the environment in ways which are not easily evaluated in economic terms.

2.13 The key factors used in the 1999 IRA to classify the significance of the establishment of a disease are:

(a) the biological effects on aquatic species;

(b) the availability, cost and effectiveness of methods for control or eradication;

(c) the economic effects at the enterprise, industry or national level, including the effects on the marketing of the product; and

(d) the effects on native species and the environment, including any loss of social amenity.

The level of significance of the establishment of a disease is categorized as:

    catastrophic:

    significant economic harm at the national level or serious, irreversible harm
    to the environment
     

    high:

    high mortality or morbidity rates for a prolonged period, not amenable to
    control, with significant economic harm at the industry level or serious harm
    to the environment
     

    moderate:

    significant economic harm at enterprise or regional level; diseases may be amenable to control or of temporary effects
     

    low:

    mild biological consequences, amenable to control; economic harm limited
    to enterprise or regional level; minor or temporary environmental effects
     

    negligible:

    no significant biological consequences or transient.

2.14 The 1999 IRA presents the release and exposure assessments, and the consequence assessments, in a risk evaluation matrix. According to the 1999 IRA, initially the risk is determined on the basis of no risk management, that is, the unrestricted estimate of risk. The 1999 IRA states that seven of the 15 "higher priority" diseases represent risks that are not acceptable to Australia without the application of further risk management measures, that is, measures in addition to evisceration. For these seven diseases, the 1999 IRA identifies various risk management measures which it considers could reduce the risk to the level considered appropriate.

2.15 After this consideration of the "higher priority" diseases (called the Group 1 diseases), the 1999 IRA reviews the "lower priority" diseases (called the Group 2 diseases). The 1999 IRA concludes that with the implementation of measures required for Group 1 diseases, the risks associated with the Group 2 diseases will also meet Australia's appropriate level of protection and that no additional measures are required to address risk related to Group 2 diseases.

2.16 The 1999 IRA also indicates that as the seven diseases of concern are either not reported in New Zealand or (for whirling disease) occur at extremely low prevalence in New Zealand Pacific salmon, the selected measures will not apply to Pacific salmon from New Zealand.

2.17 The 1999 IRA concludes that there are seven disease agents requiring risk management measures beyond evisceration:

Infectious haematopoietic necrosis virus (IHNV);
Infectious salmon anaemia virus (ISAV) (for Atlantic salmon);
Aeromonas salmonicida (not for wild, ocean-caught Pacific salmon);
Renibacterium salmoninarum;
Infectious pancreatic necrosis virus (IPNV) (for juvenile salmonids only);
Yersinia ruckeri (for juvenile salmonids only); and
Myxobolus cerebralis (whirling disease) (for rainbow trout and all juvenile salmonids).

The seventh disease agent, whirling disease, is not known to occur in Canada and is thus not at issue here. The further measures imposed on imports from Canada are those described below.

C. MEASURES REGARDING IMPORTS OF FRESH CHILLED OR FROZEN SALMON FROM CANADA

2.18 Specific import restrictions on salmonid products were introduced by Quarantine Proclamation No 86A of 21 February 1975. This and all other Quarantine Proclamations were revoked by the Quarantine Proclamation 1998, on 7 July 1998. Section 43 of Quarantine Proclamation 1998 deals with the importation of fish of the Salmonidae family. This Section was subsequently amended in May 1999 and in September 1999.6 With effect as of 28 September 1999, Section 43 now reads as follows:

"43 Importation of fish of family Salmonidae or Plecoglossidae

(1) The importation into Australia of fish of the family Salmonidae or Plecoglossidae, or any part of such a fish, in any form (including canned fish, dried fish, processed fish and fish meal) is prohibited.

(2) The importation into Australia of the roe or caviar of fish of the family Salmonidae or Plecoglossidae is prohibited.

(3) However, subsections (1) and (2) are not taken to prohibit the importation of:

(a) canned fish, roe or caviar of fish of those families; or

(b) smoked fish of those families:

(i) accompanied into Australia by the person wishing to import it; and

(ii) in an amount of up to 5 kilograms; and

(iii) produced by a manufacturer approved by a Director of Quarantine; or

(c) salmon oil, for the personal consumption or use of the person wishing to import it, in a quantity of no more than 3 months' supply for that use.

(4) Also, subsections (1) and (2) are not taken to prohibit the importation of products of fish of those families otherwise permitted under item 1, 2 or 5 of table 13.

(5) Also, subsections (1) and (2) are not taken to prohibit the importation by a person of fish, fish parts, roe or caviar of those families if a Director of Quarantine has granted the person a permit to import the fish, fish parts, roe or caviar into Australia."

Quarantine Proclamation 1998 is implemented through various Animal Quarantine Policy Memoranda (AQPM), as described below.

1. Animal Quarantine Policy Memorandum 1999/51 (AQPM 1999/51) Final Reports of Import Risk Analyses on Non-Viable Salmonid Products, Non-Viable Marine Finfish Products and Live Ornamental Finfish and Adoption of New Policies

2.19 AQPM 1999/51, published and effective as of 19 July 1999, contains the outcomes of the risk analyses and the criteria to be used when deciding whether to grant import permits. Policies regarding salmonids as they apply to Canada are detailed in attachment 1 of AQPM 1999/51:

"Where delegates grant permits, under sub-section 43 of the Quarantine Proclamation 1998, to import non-viable uncanned salmonid finfish, they should apply the following policies:

  • the fish should be eviscerated;
  • the fish should not be derived from a population slaughtered as an official disease control measure;
  • the fish should not be juvenile salmonids or sexually mature adults/spawners;
  • the fish should be processed in premises under the control of a competent authority;
  • the head and gills should be removed and internal and external surfaces thoroughly washed;
  • the fish should be subjected to an inspection and grading system supervised by a competent authority;
  • in addition, for farmed fish, the fish should be derived from a population for which there is a documented system of health monitoring and surveillance administered by a competent authority;
  • consignments exported to Australia should be accompanied by official certification confirming that the exported fish fully meet Australia's import conditions (as specified on an import permit issued by AQIS).

In recognition of the health status of New Zealand, salmonids other than rainbow trout would be permitted import under the above policies, except that it would not be required that the head and gills be removed.

Product from countries other than New Zealand derived from non-viable salmonids meeting these policies will be released from quarantine if imported in consumer-ready form. For the purpose of these policies, consumer ready product is product that is ready for the householder to cook/consume, such as cutlets, fillets (without skin), skin-on fillets if less than 450g weight and headless fish of 'pan-size' (i.e. less than 450g weight). Product that has been cooked for human consumption (eg canned, hot smoked, flash fried) is also regarded as consumer-ready product. Imported head-off, gilled and gutted salmonids of greater than 450g weight (i.e. not consumer ready) should be processed to consumer-ready form in premises approved by AQIS before release from quarantine."

2.20 The conditions to be applied to processing plants were outlined in the 1999 IRA. This indicates that AQIS would address applications for approval of premises on a case-by-case basis. Commercial processing would not be permitted in regions where there are economically significant populations of salmonid fish. AQIS would accept discharge of liquid waste into a municipal sewage system, or treatment of waste on site, providing that processing and dilution was judged to be sufficient to reduce risk to an acceptable level. Premises approved for the further processing of imported salmonids would have to be located so as to allow quarantine inspectors and auditors regular access. In addition, AQIS would take into account, inter alia, the nature of imported product, the intended processing and the volume and type of waste that would be produced; control of scavengers and pests around the plant; competency of management and availability of competent personnel to supervise quarantine-approved processes; and systems of maintenance for appropriate records of the processing of imported product and waste disposal. Individual plants wishing to process imported product to consumer-ready stage or beyond must enter into a compliance agreement with AQIS. Comments on proposed compliance agreements were solicited on 2 August 1999, and a compliance manual for incorporation into a compliance agreement was finalized and made publicly available on 30 September 1999. To date, AQIS has not received any requests from premises for approval to further process imported head-off, gilled and gutted salmonids to consumer-ready form.



1 The importation of live salmonids is not at issue.

2 Only adult salmon are harvested for export.

3 Import Risk Analysis on Non-Viable Salmonids and Non-Salmonid Marine Finfish, Australian Quarantine and Inspection Service, July 1999 ("1999 IRA"). When referring to the "1999 IRA" in this report, we mean the version that was submitted by Australia as Exhibit A to its first submission. We note that a later and final version was published in book form on 12 November 1999. At the request of the Panel, copies of the 12 November version were submitted to the Panel at our meeting with the parties on 10 December 1999.

4 OIE International Aquatic Animal Health Code; OIE Code (1997).

5 Draft Import Risk Analysis - Disease risks associated with the importation of uncooked, wild, ocean-caught Pacific salmon product from the USA and Canada, Australian Quarantine and Inspection Service, May 1995, (the "1995 Draft Report") and the Australian Salmon Import Risk Analysis, Australian Quarantine and Inspection Service, Australian Department of Primary Industries and Energy, December 1996, (the "1996 Final Report").

6 Quarantine Amendment Proclamation 1999, gazetted on 4 May 1999, and Quarantine Amendment Proclamation 1999 (No.2), gazetted on 28 September 1999, respectively.


To continue with 2. Animal Quarantine Policy Memorandum 1999/69 (AQPM 1999/69) Importation of Uncanned Salmonid Product