WORLD TRADE
ORGANIZATIONG/SPS/GEN/437
28 October 2003
(03-5707)
Committee on Sanitary and Phytosanitary Measures Original:  English/
French/
Spanish
IMPLEMENTING THE STANDARDS OF THE OIE
Communication from the OIE
Foreword1. The OIE has become concerned about increased reports of international trade disruptions
involving the misinterpretation of OIE standards.
2. This paper addresses some apparent misunderstandings about the nature and purpose of the
OIE international standards, and their interpretation and implementation.  It also discusses how the
standards should be referred in Member Countries' notifications.
Introduction3. The OIE (the World Organisation for Animal Health  referred to in the Agreement on the
Application of Sanitary and Phytosanitary Measures [SPS Agreement] of the World Trade
Organization [WTO] as the International Office of Epizootics ) is an intergovernmental organization
created in 1924 by 28 Member Countries (MC) and with a current membership of 164.
4. Its missions are:
- Transparency of animal disease status world-wide;
- Collection, analysis and dissemination of veterinary scientific information;
- Strengthening of international coordination and cooperation in the control of animal
diseases;
- Promotion of safety of world trade by developing sanitary standards for international
trade in animals and animal products;
- Improvement of the legal framework and resources of Veterinary Services;  and
- New mandates for animal welfare and animal production of food safety.
5. The OIE is one of the three international standard-setting bodies recognised under the WTO
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). For animal
health and zoonoses, Annex A, paragraph 3 of the SPS Agreement refers to the standards, guidelines
and recommendations developed under the auspices of the OIE " … for animal health and zoonoses,
the standards, guidelines and recommendations developed under the auspices of the International
Office of Epizootics  … ".G/SPS/GEN/437
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6. The OIE standards comprise two Codes and two Manuals:
- Terrestrial Animal Health Code ;
- Aquatic Animal Health Code ;
- Manual of Diagnostic Tests and Vaccines for Terrestrial Animals;  and
- Manual of Diagnostic Tests for Aquatic Animals .
These are the international standards to which Member Countries should refer in setting sanitary
measures for international trade of animals and their products.  A good knowledge of these standards
is essential for the correct notification of sanitary measures within the SPS Agreement.
7. The OIE Terrestrial Animal Health Code  and the Aquatic Animal Health Code  contain
standards, guidelines and recommendations designed to prevent the introduction of infectious agents
pathogenic to animals and humans into the importing country during trade in animals, animal genetic
material and animal products (meat, milk, hides and skins, honey, etc.).  The OIE Manual of
Diagnostic Tests and Vaccines for Terrestrial Animals  and the Manual of Diagnostic Tests for
Aquatic Animals , companion volumes to their respective Codes , provide a uniform approach to the
diagnosis of OIE-listed diseases and other diseases of importance to international trade, so that therequirements for health certification in connection with trade in animals and animal products can be
met.
8. The mission of the OIE regarding the promotion of transparency in the international animal
disease situation is addressed in the Terrestrial Code :
"Countries shall make available to other countries, through the OIE, whatever information is
necessary to minimise the spread of important animal diseases and to assist in achieving better
worldwide control of these diseases;  and
"… countries shall also provide information on the measures taken to prevent the spread of
diseases; including quarantine measures and restrictions on the movement of animals, animalproducts and biological products and other miscellaneous objects which could by their nature
be responsible for transmission of disease.  In the case of diseases transmitted by vectors, the
measures taken against such vectors shall also be specified. "
9. The remainder of this paper addresses only the Terrestrial Animal Health Code  (the
Terrestrial Code ) but the principles apply to all OIE international standards.
Development of OIE standards
10. The development of the standards, guidelines and recommendations in the Terrestrial Code
is the result of continuous work since 1960 by one of the OIE's Specialist Commissions, the OIE
Terrestrial Animal Health Standards Commission.  This Commission draws upon the expertise of
internationally renowned specialists to prepare draft texts for new articles of the Terrestrial Code  or to
propose revisions of existing articles in the light of advances in veterinary science.  These experts may
be drawn from OIE Collaborating Centres and Reference Laboratories (which together constitute a
global network of over 150 facilities worldwide).  OIE Collaborating Centres are centres of expertise
in a designated field (usually a generic subject such as risk analysis methodology or the organisation
of veterinary services) while OIE Reference Laboratories are designated to harmonise existingG/SPS/GEN/437
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diagnostic procedures and to develop new diagnostic methodologies as well as vaccines relating to the
diagnosis and control of diseases listed by the OIE.
11. The health measures in the Terrestrial Code  (in the form of standards, guidelines and
recommendations) are debated by the Members and formally adopted each year by consensus at the
meeting of the OIE International Committee (the assembly of the representatives of the 164 MemberCountries).
Content of OIE standards
12. The Terrestrial Code   details health measures to be used by the veterinary authorities (or, in
some cases, other competent authorities) of importing and exporting countries to avoid the transfer of
agents pathogenic for animals or humans, while avoiding unjustified sanitary barriers.  If there is no
text for a particular commodity, it means that the OIE has not yet been able to develop arecommendation, and measures for that commodity should be based on a science-based risk analysis.
13. It achieves these recommendations through describing detailed measures recommended for
commonly traded commodities (e.g. live horses, bovine embryos, fresh meat).  All measures are risk-
based and reflect the animal health status of the exporting country and the likelihood of the
commodity being a source of infection.  For reasons of practicability, the recommendations in theTerrestrial Code   make reference only to the animal health situation in the exporting country, and
assume that either the disease or the strain of th e disease is not present in the importing country or is
the subject of a control or eradication programme.  Almost 100 animal diseases are addressed in the
Terrestrial Code .  The Terrestrial Code  also draws attention to the obligations under the provisions of
the SPS Agreement, whereby the importing country cannot be more trade restrictive than necessary toachieve the desired level of protection, and that its measures need to be consistent with the principle
of national treatment.
14. In setting their sanitary measures, importing countries need to make judgments regarding the
quality of the Veterinary Services of an exporting country, including the ability to report on its animal
health situation accurately and to implement OIE standards effectively.  Such judgments will formpart of the decision making process regarding whether the measures in the Terrestrial Code  are
appropriate for a particular situation.  Such judgements may also affect the range of commodities
considered to be at risk from the pathogenic agent, for example if there is a lack of confidence that the
exporting country would be able of keep separate potential contaminants of raw materials.
15. The Terrestrial Code  also describes the obligations of the importing and exporting country
with regard to 'national tr eatment', timeliness, information accuracy and certification.
16. A typical disease chapter in the Terrestrial Code  has the following structure:
- brief descriptive of the disease or the pathogenic agent;
- discussion of factors relevant to a risk assessment;
- listing of ‘safe' commodities or 'unsafe' commodities;
- criteria for differentiating animal health status (free from infection, free from disease
with vaccination, moderate risk);  and
- requirements for importation or transit of ‘unsafe' commodities.G/SPS/GEN/437
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Listing 'safe' and 'unsafe' commodities
17. When there is sufficient information for a pa rticular pathogenic agent for the experts to
conclude that certain commodities cannot be a source of infection, and that trade in them would be
safe no matter the status of the exporting country for that pathogenic agent, those commodities arelisted as safe commodities.  In some chapters, the list reflects those commodities for which health
measures are recommended.  Some examples follow.
18. Chapter 2.1.9 (bluetongue (BTV)) states:
"Veterinary Administrations of countries shall consider whether there is a risk with regard
to BTV infection in accepting importation or transit through their territory, from other
countries, of the following commodities:
1) ruminants and other BTV susceptible herbivores;2) semen of these species;
3) embryos/ova of these species;
4) pathological material and biological products (from these species) …
Other commodities should be considered as not having the potential to spread BTV when
they are the subject of international trade. "
19. Chapter 2.3.13 (bovine spongiform encephalopathy [BSE]) states:
"Regardless of the BSE status of the exporting country, Veterinary Administrations should
authorise without restriction the import or transit through their territory of the following
commodities:
1) milk and milk products;
2) semen and in vivo derived cattle embryos collected and handled in accordance with
the recommendations of the International Embryo Transfer Society;
3) protein-free tallow (maximum level of in soluble impurities of 0.15% in weight) and
derivatives made from this tallow;
4) dicalcium phosphate (with no trace of protein or fat);
5) hides and skins;
6) gelatin and collagen prepared exclusively from hides and skins. "
Addressing 'unsafe' commodities
20. For many diseases where distinctions can be made in the animal health status of exporting
countries, a graded series of measures is recommended, reflecting the likelihood of the commodity
being contaminated, and to minimize unjustified barriers to trade.  For example, the chapter on
classical swine fever (CSF) 2.1.13 lists the follow ing exporting country health status levels:
- countries or zones free of CSF in domestic and wild pigs;
- countries or zones free of CSF in domestic pigs but with infection in wild;
- countries or zones with CSF infection in domestic pigs.G/SPS/GEN/437
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21. For each status level, specific recommenda tions are made for the following commodities:
domestic pigs, wild pigs, semen, embryos,  fresh meat, meat products and bristles.
22. The foot and mouth disease (FMD) chapter (Chapter 2.1.1) provides recommendations for
trade in various commodities from countries of different FMD status, and these recommendations
increase in severity as the health status of the exporting country presents a greater likelihood ofdisease transfer with the commodity.  For example, for frozen semen from non-vaccinating FMD-free
countries or zones, there are minimal restrictions;  for frozen semen from vaccinating FMD-free
countries or zones, there are additional restrictions to ensure that vaccination does not mask infection
in the donor animals; for import from infected countries or zones, the measures are more severe but
semen may still be traded safely if these measures are followed.
23. The chapter on BSE (2.3.13) describes five levels of exporting country status (free,
provisionally free, minimal risk, moderate risk and high risk) and addresses trade in variouscommodities through an increasing grade of restrictions commensurate with the risks presented.  For
example, fresh meat may be imported safely from a country of any BSE status but with increasing
restrictions so that, for countries presenting a high BSE risk, more severe measures are applied to the
cattle from which the meat was derived and to the meat itself.  The experts consider however that, if
these measures are followed, the meat is safe.
24. For some commodities, however, the experts have determined that particular commodities
should not be exported even from countries presenting a low BSE risk; for example:
" ... ruminant-derived meat-and-bone meal or gr eaves, or any commodities containing such
products, which originate from countries with a minimal, moderate or high BSE risk should not
be traded between countries ."
25. The recommendations in the Terrestrial Code  thereby provide Member Countries with the
ability to engage in trade by making risk-based determinations without endangering their public and
animal health nor applying unnecessary trade restrictions.
Implementing standards
26. The Terrestrial Code   notes that:
"The SPS Agreement encourages WTO Members to base their sanitary measures on
international standards, guidelines and recommendations, where they exist. Members may
choose to adopt a higher level of protection than that provided by international texts if there is
a scientific justification or if the level of protection provided by the relevant international texts
is considered to be inappropriate.  In such circumstances, Members are subject to obligationsrelating to risk assessment and to a c onsistent approach of risk management. "
27. It is apparent that some Member Countries are applying trade bans when an exporting country
reports the presence of a significant disease, without consulting the recommendations in the
Terrestrial Code  or conducting a risk analysis in accordance with its SPS obligations.  Only very
rarely does the Terrestrial Code  recommend a ban on animals or specific animal products coming
from an infected country, including FMD infected countries or those considered as having a 'high
BSE risk'.  The Terrestrial Code  provides increasingly restrictive recommendations which are
commensurate with the level of risk in each of the country status categories.
28. Regarding the 2001 outbreaks of FMD, the BSE situation in the EU and the recent BSE cases
in Japan and Canada, the existence of a valid up-to-date standard did not prevent major trade
disruptions due to a failure by many countries to apply the international standard when developing orG/SPS/GEN/437
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revising their import policies. This was particularly evident in the case of commodities for which the
Terrestrial Code  recommends that no restrictions be applied, regardless of the FMD or BSE status of
the exporting country.  For example, it is of concern that many countries apply trade bans when an
exporting country reports its first case of BSE, without having conducted a risk analysis as described
in the Terrestrial Code .  Such situations penalise countries with a good and transparent surveillance
system for animal diseases and zoonoses, and which have demonstrated their ability to control the
risks identified through a risk assessment. This may result in a reluctance to report future cases and an
increased likelihood of disease spread internationally.
Obligations in notifying measures
29. Article 7 of the SPS Agreement states:
"Members shall notify changes in their sanitary or phytosanitary measures and shall provide
information on their sanitary or phytosanitary measures in accordance with the provisions of
Annex B. "
30. Annex B, paragraph 5, states:
"Whenever an international standard, guideline or recommendation does not exist or the
content of a proposed sanitary or phytosanitary regulation is not substantially the same as the
content of an international standard, guideline or recommendation, and if the regulation may
have a significant effect on trade of other Members, Members shall:
(a) …
(b) …
(c) provide upon request to other Members copies of the proposed regulation and, whenever
possible, identify the parts which in substance deviate from international standards,
guidelines or recommendations;
(d) …  ".
31. Under the obligations as a Member of the WTO, a country introducing a measure which is
substantially the same as an OIE standard does not need to notify other Member Countries.  It is
concerned, however, that Member Countries, in notifying new or revised measures, are including
references to OIE's international standards incorr ectly in the "International standard, guideline or
recommendation" (in box n.8 in the Notification template or box n.9 in the Notification of Emergency
Measures template).G/SPS/GEN/437
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BSE as an example
32. In the first 7 months of 2003, notifications relating to BSE cases reported in Canada, Israel
and the EU contained the following references:
Commodities covered by the
notificationReference within
OIE's standardsComment
Beef and beef products, and ruminants. Terrestrial Code
Chapter 2.3.13BSE chapter refers only to cattle and
products derived from cattle.
Bovine animals, goats and buffaloesand the ova, embryos, products and
by-products thereof.None BSE chapter refers only to cattle and
products derived from cattle;
according to the Terrestrial Code ,
some commodities listed should nothave restrictions applied.
Live ruminants, embryos and productsderived from these species, includingmeat and offals, blood by products,
blood meal, meat meal, bone meal,
autoclave processed bone, meal as
residues from slaughterhouses, meal
from poultry viscera, meal frompoultry feathers, meal from residues
from poultry slaughterhouses or any
ingredient or raw material which
contains viscera from animals fed with
proteins or fat from ruminants.  Milk,dairy products, collagen obtained from
skins and heat treated bone meal are
excluded.None BSE chapter refers only to cattle and
products derived from cattle;according to the Terrestrial Code ,
some commodities listed should not
have restrictions applied.
Meat and meat by-products of bovineorigin and food products containingtissues of bovine origin.None According to the Terrestrial Code ,
some commodities listed should nothave restrictions applied.
Bovine animals and products of bovineorigin.None According to the Terrestrial Code ,
some commodities listed should nothave restrictions applied.
Cattle, semen, meat and meat productsincluding products intended for animalfeed and for agricultural and industrial
use.None According to the Terrestrial Code ,
some commodities listed should nothave restrictions applied.
Live cattle, all beef and beef products
including animal feed and other
products containing rendered meat ormeat and bone meal.Terrestrial Code
Chapter 2.3.13According to the Terrestrial Code ,
some commodities listed should not
have restrictions applied.G/SPS/GEN/437
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The OIE in-house procedure for dispute mediation
33. Subject to the agreement of both parties, disputing countries can request mediation by a panel
of independent experts selected by the Director General of the OIE.  This process has several
advantages, as it is not as resource-demanding as the formal WTO process and allows for technically-based solutions.  At the end of the process, the recommendations from the panel are communicated by
the Director General to both parties.
34. While this process is confidential and non-binding, should the case eventually result in a
formal dispute at the WTO, the documentation from this mediation may be released by either party for
use by the WTO.
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