Status report on
the Implementation of the Recommendations and Rulings in the dispute Regarding European
Communities – Measures concerning Meat and Meat Products (Hormones)Pursuant
to Article 21.6 of the DSU, the European Community wishes to inform the DSB of the
progress made towards implementing its rulings and recommendations concerning the
Community's prohibition on imports of bovine meat and meat products of animals treated
with six growth hormones.
In
August 1997 the WTO Panel presented its ruling on this issue. That ruling was appealed by
the Community, and on 16 January 1997, the Appellate Body presented its report. The report
significantly amended the Panel's findings. However, it upheld the finding that the
Community's import prohibition was not based on a risk assessment within the meaning of
Article 5.1 of the SPS Agreement. While recognising that the scientific evidence presented
by the Community for five of the six hormones was relevant, and showed indeed the
existence of a general risk of cancer, the Appellate Body found that the data presented
was not sufficiently specific to the case at hand, because they did "not focus on and
did not address the particular kind of risk at stake here. The carcinogenic or genotoxic
potential of the residues of those hormones found in meat derived from cattle to which the
hormones had been administered for growth promotion purposes". As regards the sixth
hormone – MGA – the Appellate Body simply found that the EU had not carried out
a risk assessment. On 13 February 1998 the DSB adopted the Panel and Appellate Body
reports.
In
March 1998 the Community informed the DSB that it intended to fulfil its obligations under
the WTO in respect of this matter, and that it would need a reasonable period of time to
bring its regime into compliance. A period of 15 months was subsequently awarded by
arbitration. That period expires on 13 May next.
In
light of the ruling of the Appellate Body, the Community initiated its reflections on how
to implement the DSU rulings and recommendations. As a first step, the Community decided
to launch without delay a complementary risk assessment, with a view to assessing the
implications thereof for the Community's import prohibition. For this purpose a number of
scientific studies are now underway.
Furthermore,
in April 1998 the Commission formally requested the risk assessment data upon which the
US, Canada, New Zealand and Australia based their decision to authorise hormones for
growth promotion purposes. At the present time, the US and the Canadian authorities have
declined to provide data, which they indicate was submitted to them in confidence and no
reply has been received from the other authorities. We have urged them to reply in time.
Further
details on the risk assessment exercise underway are on public record.
On
this basis the European Community expects to be in a position to draw conclusions with
respect to relevant Community legislation in order to fully implement the DSB
recommendations and rulings in this case. In the meantime the inter-institutional
consultations continue. |
