2. On June 29, 2001, the Ministry of Agriculture, Forestry and Fisheries took a measure suspending the import of pork, internal organs of pigs, and the sausages, ham and bacon made from them from Germany until their cleanness has been confirmed in Germany, and a new agreement on hygienic conditions of domestic animals has been concluded, because of the confirmed outbreak of hog cholera in Soltau, Niedersachsen, northern Germany.
Due to this import preventing measure, Japanese corporations that mainly import or sell sausages, ham, etc. produced in Germany have had their stocks run low/out and are facing a survival crisis.

3. Meanwhile, outbreaks of hog cholera in Germany (excluding Rhineland -Pfalz) are not chronic. There has been no outbreak observed for more than eight months since the one in June and July 2001 in Niedersachsen etc. up until now (April 4, 2002).

4. If no hog cholera is observed for 40 days (the incubation period of the disease) after the last outbreak in an area, the OIE deems the infection of the area to have died down. In light of this OIE criterion, it is fair to say that cleanness has been confirmed in Germany (excluding Rhineland -Pfalz).
It is said that the ministry has as an approximate standard of six months after the dying down of hog cholera for considering import resumption. In light of this standard too, the complainant thinks the ministry should immediately take a measure for resuming the import of the products since more than eight months have already passed as mentioned in 3 above.

5. In addition, a meeting was held between the complainant and the ministry after the measure, as mentioned in 2. above, was taken, and the complainant was permitted, in July and September 2001, to import only heat-treated sausages by attaching a certificate issued by a governmental organ of Germany etc. stating the products were heat-treated.
In issuing the September permission, however, the ministry notified, for an unknown reason, the complainant that the measure was the last one and it would not permit imports in the future.
However, it would be because the ministry was able to confirm that heat treatment removed the risk of the pathogen of hog cholera spreading in the country that it permitted the imports, suggesting there is no rational reason for abolishing the measure after September. The complainant thinks that the ministry should always permit the import of the products whenever the same condition is satisfied as the one backing the measure - i.e. it is confirmed that heat processing has removed the risk of the pathogen spreading.

6. Incidentally, the United States of America (a country free of hog cholera, which has witnessed no outbreak of hog cholera without the use of the vaccine for it) has not taken such a comprehensive import suspension measure as that of Japan and permits the import of raw ham that has not been heat-treated.

7. Taking the circumstance above into consideration, the ministry should take the following measures.
(1) to immediately allow, as it had allowed, the import of pork, internal organs of pigs, and sausage, ham and bacon made from them in Germany (excluding Rhineland -Pfalz), and prevent the occurrence of such damages as those this time by incorporating into a new agreement on hygienic conditions concluded at the resumption of the imports a statement to the effect that: " Even if there is a new outbreak of hog cholera in Germany, the ministry will permit the continued import of heat-treated sausages, etc. that have satisfied certain conditions. The ministry will not take a measure suspending the import of them." and
(2) to permit on a temporary basis, until the ministry takes the measure (1) above, the import of heat-treated sausage etc. that has no risk of spreading the disease's pathogen by importers attaching a certificate issued by a governmental organ of Germany etc. stating the products were heat-treated.

2. Along with the measures for maintaining cleanness within the country and preventing the disease, the ministry is strengthening preventive measures against the disease from overseas. When there was an outbreak of the disease among wild animals (wild boars) in Austria, Japan suspended the import of pork, etc. from any part of the country. The situation concerning the disease in Germany is very serious: the disease is chronic in Rhineland -Pfalz and there was recently a new outbreak of it in Niedersachsen (Rhotenburg). Germany also witnessed sporadic outbreaks among wild animals (the country's hygienic authorities have not provided Japan with official reports on them). Therefore, if the disease penetrates Japan, which has few pigs that have had the disease's vaccine inoculated, there will be huge damage to the whole livestock industry. The situation concerning the prevention of the disease is changing every moment and is becoming more and more serious.

3. Regretfully, the ministry currently thinks it difficult to take the temporary measure for heat-processed pork considering the circumstances mentioned above, because (1) Japan and Germany are currently discussing conditions focused on heat-processing, (2) international animals hygiene regulations for hog cholera (including standards for heat-processing) were revised at the 70th general meeting of the OIE and the ministry is making inquiries to the OIE about the details of temperature conditions on inactivating the disease, and (3) the two countries agreed to consider the temperature conditions of the OIE regulations at a recent bilateral meeting.

4. The two countries are discussing hygienic requirements for domestic animals concerning heat-processed pork. Although the ministry cannot reveal the content of the discussions since such a revelation could affect future negotiations, it has recognized the demand to incorporate into a new agreement, a statement to the effect that "even if there is a new outbreak of hog cholera in Germany, the ministry will... under certain..."
The ministry, however, thinks it is necessary to reflect the demand as a German demand in the discussions as soon as possible.

5. Although the ministry cannot make clear a specific date for the resumption of the import of heat-processed meat, etc. made from pork from Germany, it would like to reach an agreement on hygienic requirements for domestic animals before the end of July to make preparations for the resumption of the import.
Incidentally, the suspension of the import of heat-processed meat, sausage, etc. made from beef will be continued for some time to prevent bovine spongiform encephalopathy or BSE.

<Final Reply>
Since June 29, 2001, Japan has suspended the import of pork, internal organs of pigs, their processed versions, etc. from Germany due to the outbreak of hog cholera in Germany. Recently, the German side requested that Japan import pork, internal organs of pigs, their processed versions, etc. after heat treatment. On March 18, 2003, after a series of discussions with the German livestock hygiene authorities, Japan and Germany agreed on the hygienic requirements for domestic animals, "the hygienic requirements for pork, internal organs of pigs, sausages, ham and bacon that Germany exports to Japan after heat treatment," and the form of inspection certificates attached to the products. The ministry has sent a letter to this effect to the German livestock hygiene authorities.
Since the hygienic requirements for domestic animals have been agreed on, Germany now can export to Japan heat-treated meat, etc. that have been made in compliance with the above hygienic requirements for domestic animals by heat treatment facilities as notified by the German livestock hygiene authorities to the Japanese livestock hygiene authorities.