DISPUTE SETTLEMENT: DISPUTE DS337

European Communities — Anti-Dumping Measure on Farmed Salmon from Norway


This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Current status  back to top

 

Key facts  back to top

Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:
Panel Report circulated: 16 November 2007

  

Summary of the dispute to date  back to top

The summary below was up-to-date at
See also: One-page summary of key findings of this dispute

Consultations

Complaint by Norway. 

On 17 March 2006, Norway requested consultations with the European Communities concerning  Council Regulation (EC) No. 85/2006 of 17 January 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of farmed salmon originating in Norway.

Norway considers that the measure is inconsistent with the European Communities’ obligations under Articles 1, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.2.2, 3.1, 3.2, 3.4, 3.5, 5.4, 6.2, 6.4, 6.5.1, 6.7, 6.8, 6.9, 6.10, 9.1, 9.2, 9.3, 9.4, 12.2, 12.2.2, 18.1 and Annexes I and II of the Anti-Dumping Agreement and Article VI of the GATT 1994.

On 27 March 2006, Norway supplemented its initial request for consultations.

On 29 May 2006, Norway requested the establishment of a panel. At its meeting on 9 June 2006, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 22 June 2006, the DSB established a panel. Canada; China; Hong Kong, China; Japan; Korea and the United States reserved their third-party rights. On 27 July 2006, Norway requested the Director-General to compose the panel. On 2 August 2006, the Director-General composed the Panel.

On 2 February 2007, the Chairman of the Panel informed the DSB that it would not be possible for the Panel to complete its work within six months of the date of composition, inter alia, due to the nature and scope of the dispute and in accordance with the timetable established after consultation with the parties. The Panels hoped to complete its work by the end of May 2007. On 31 May 2007, the Chairman of the Panel informed the DSB that it would not be possible for the Panel to complete its work within six months of the date of composition, inter alia, due to the nature and scope of the issues in dispute. The Panel hoped to complete its work by the end of September 2007.

On 16 November 2007, the Panel report was circulated to Members. The Panel found that the European Communities had acted inconsistently with Articles 2.2.1.1, 2.2.2, 2.2.2(iii), 3.1, 3.2, 3.4, 3.5, 4.1, 5.4, 6.4, 6.8 and paragraph 3 of Annex II, 6.10, 9.2, 9.4(i) and 9.4(ii) of the Anti-Dumping Agreement. The Panel also found that the European Communities had not acted inconsistently with certain provisions of the Anti-Dumping Agreement, in other respects, and exercised judicial economy with respect to certain claims.

At its meeting on 15 January 2008, the DSB adopted the Panel report.

 

Implementation of adopted reports

At the DSB meeting on 8 February 2008, the European Communities announced that it intended to implement the recommendations and rulings of the DSB in a manner consistent with its WTO obligations. However, due to the complexity of the rulings, the European Communities would need a reasonable period of time to do so. In that context, the European Communities was ready to discuss the time-frame with Norway in accordance with Article 21.3(b) of the DSU. On 6 May 2008, Norway and the European Communities notified the DSB that they had agreed that the reasonable period of time for the European Communities to implement the recommendations and rulings of the DSB shall be ten months from the date of the adoption of the panel report. Accordingly, the reasonable period of time expires on 15 November 2008.

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