2. After this reply, the ministry took the following actions:
(1) Approval of apple imports
Ministerial ordinances were amended to allow imports of Golden Delicious and Red Delicious apples in August 1994, and of Gala, Granny Smith, Jonah Gold, Fuji and Braeburn apples in July 1999, since it had been confirmed that the invasion of pests and diseases can be prevented by quarantine measures, such as the identification of the production sites and disinfection.

(2) Relaxation of requirements for confirmation tests
Based on the recommendations of the WTO Dispute Settlement Body, the conventional mechanism of the variety-specific tests for eight products including apples, which Japan had required exporting companies to pass in lifting a ban on imports, was eliminated in December 1999. Japan and the United States have been holding bilateral discussions concerning new measures to replace the mechanism. For apples and cherries out of the products subject to the discussions, it has been confirmed that the introduction of the Concentration Time (CT) Value method can prevent the invasion of pests and diseases. In this respect, relevant ministry ordinances were amended in October 2001.

(3) Providing more inspectors
Regarding inspectors dispatched to exporting countries, the necessary measures, including the improvement of the efficiency of on-site inspection, have been taken to allow inspectors to be sent as required by exporting countries.

3. The United States claimed that quarantine measures for apple fire blight had not been improved. Therefore, it was decided to consider the handling of this complaint while keeping close watch on the discussion started in 2001 at the WTO Panel.

4. In December 2003, the WTO Appellate Body ascertained a recommendation supporting the panel's decision that quarantine measures for apple fire blight are not consistent with the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). In January 2004, Japan and the United States agreed to implement the WTO recommendation by June 30th, and the Japan-U.S. Technical Consultation started in early March, but Japan and the United States had different ideas of necessary quarantine measures and thus could not reach an agreement. For this reason, Japan reformed quarantine measures for apples with fire blight of U.S. origin to implement the WTO recommendation by June 30th. However, in July 2004, a panel was set up again at the Special Session of the WTO Dispute Settlement Body on the request of the United States.
After a WTO panel report concluding that Japan's measures do not comply with the SPS Agreement was sent to all WTO Members in June 2005, Japan intends to promptly promote specific considerations to take appropriate measures for problems, which were regarded as non-compliant with the SPS Agreement, after thoroughly examining the content of the report.