A relatively new barrier that has negatively affected a wide range of EU foods exported to the US is the anti-bioterrorist regime the United States introduced in response to the 11 September 2001 terrorist attacks. In the immediate aftermath of 9/11, fears mounted of an impending bio-terrorist attack – for example, through the deliberate diffusion of deadly anthrax spores. An anthrax attack did happen on a small scale in autumn 2001 and some people were killed. US investigators concluded that the perpetrator was in fact a US government scientist. The man, who committed suicide in 2008 as he was about to be criminally prosecuted, apparently wanted to raise awareness of the danger of a bio-terrorist attack.

The new security measures have notably targeted consignments of food shipped, usually in containers, from Europe to the US. A computer programme is now used to identify consignments that may pose a risk, which will then be stopped and checked by customs officers. But according to one EU official, “it often happens that certain shipments are consistently held up without good reason”. For example, consignments are detained because their final destination is unknown at the moment it was shipped, even though it is common practice for certain perishable food products like cheeses to only be sold while on the high seas. Another example is where consignments are stopped because a trader in the supply chain has a Muslim name.

The delays are problematic because it may take four weeks for the results of laboratory tests done on products to come back, by which time the product may no longer be fresh enough to be placed on the market. “When you have a computer, not a human, that makes the selection, the same thing can happen again and again,” the EU official said. Whereas with other trade barriers like the beef hormone and chlorinated chicken disputes (see separate articles), the aggrieved parties can easily make their views known, the security dimension of this issue, ie measures aimed at thwarting a terrorist attack, makes it more difficult to air publicly.

CANNED FOODS

Meanwhile, the continued lack of a mutual recognition system between the transatlantic partners is also making life difficult for European exporters of canned foods. As with the ‘grade A’ dairy products sector (see separate article), US regulations aimed at ensuring low levels of acid and bacteria in canned goods are extremely prescriptive. “The American laws date from the 1930s and have never been revised. The rationale behind them – stopping bacteria – is fine. But the regulations take no account that we in the EU have our own food safety laws preventing this happening,” said one EU official. With EU exporters already finding it increasingly difficult to compete with producers of canned foods from emerging markets, this additional hurdle is not welcome.

“The American laws on canned food date from the 1930s and have never been revised”