Pakistan can't counter super basmati claim: Rice industry

The domestic basmati rice industry and export organisations see no threat in Pakistan's decision to challenge India's notification of super basmati variety under the Exports Inspection Certification Act in June.

Exports to the Europe have to be accompanied by a certificate of authenticity, hence the notification was done. The Export Inspection Council, the designated agency for issuing this certificate cannot do so unless a variety is notified.

Pakistan, however, has threatened to legally challenge the Indian government's move. Pakistan currently exports about eight lakh tonne of super basmati and it fears the Indian initiative would end the monopoly it enjoys.

Recently, Pakistani basmati was hit by aflatoxin which will give the Indian variety an edge. "India has not violated any legal framework by notifying super basmati as an approved Indian variety of basmati for exports. I do not see any ground for legal action by Pakistan." said KS Money, chairman, Agricultural & Processed Food Products Export Development Authority .

"The letter of agreement under Article 28 of the WTO between India and the European Commission (EC) and the one between Pakistan and the EC do provide for export of the two evolved varieties on the basis of the "collapsed list" issued by both the countries. In fact, the EC's agreement with Pakistan preceded the one with India," added Money.

The August 2004 agreement, in the form of an exchange of letters between the European Community and India, establishes that basmati 370, basmati 386, type-3 (Dehradun), taraori basmati (HBC-19), basmati 217 and ranbir basmati (traditional varieties), pusa basmati and super basmati (evolved varieties) are produced in certain geographical areas and that India will protect these varieties as a geographical indication.

Similarly, the agreement between the EC and Pakistan establish that kernel (basmati), basmati 370 (traditional varieties), pusa basmati and super basmati (evolved varieties) are produced in certain geographical areas and that Pakistan will protect these varieties as a geographical indication.

The agreement allows zero duty European market access on traditional variety on country of origin basis and to the evolved varieties on a "collapsed" list basis.

This also shows that super would not be the first basmati variety shared jointly by India and Pakistan. The two countries have been cultivating basmati 370 as a traditional variety for years.

"I cannot understand what law has been broken by notifying super as a basmati variety in India under the Exports Inspection Certification Act. India has always held that India and Pakistan jointly own the heritage of basmati. When Pakistan enjoys the right to export pusa that was originally evolved in India, why can't India export super?" said R S Seshadri, director, Tilda Riceland Limited.

According to the All India Rice Exporters Association, there is no scope for legal action. The Pakistani reaction is quite natural, as so far they have been enjoying a monopoly over the export of super basmati.