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
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Agreements cited:
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Summary of the dispute to date back to top
The summary below was up-to-date at
Consultations
Complaint by Canada. (See also DS401)
On 2 November 2009, Canada requested consultations with the European Communities concerning Regulation (EC) No. 1007/2009 of the European Parliament and of the EC Council of 16 September 2009 on trade in seal products, and subsequent related measures. According to Canada, the regulation in question prohibits the importation and the placing on the EC market of all seal products.
Canada claims that the above measures are inconsistent with the obligations of the European Communities under Article 2.1 and 2.2 of the TBT Agreement; Articles I:1, III:4 and XI:1 of the GATT 1994 and Article 4.2 of the Agriculture Agreement.
On 16 November 2009, Iceland requested to join the consultations.
On 18 October 2010, Canada requested supplementary consultations with the European Union to take into account that, on 17 August 2010, the European Commission published Commission Regulation (EU) No. 737/2010, which lays down detailed rules for the implementation of Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on trade in seal products (“implementing measure”). In addition, Canada further stated that it may also wish to consult further on matters pertaining to Regulation EC No. 1007/2009 that were previously raised at the consultations held on 15 December 2009 or that have since arisen as a result of the implementing measure or otherwise.
Canada claims that the “implementing measure”, either in itself or in combination with Regulation EC No. 1007/2009, is inconsistent with Articles 2.1, 2.2, 5.1, 5.2, 5.4, 5.6, 6.1, 6.2, 7.1, 7.2, 7.4, 7.5, 8.1 and 8.2 of the TBT Agreement; Articles I:1, III:4 and XI:1 of the GATT 1994 and Article 4.2 of the Agriculture Agreement.
On 29 October 2010, Norway requested to join the supplementary consultations.
On 11 February 2011, Canada requested the establishment of a panel. At its meeting on 24 February 2011, the DSB deferred the establishment of a panel.
Panel and Appellate Body proceedings
At its meeting on 25 March 2011, the DSB established a panel. China, Colombia, Iceland, Japan, Mexico, Norway and the United States reserved their third party rights. Subsequently, Argentina, Ecuador and the Russian Federation reserved their third party rights. At its meeting on 21 April 2011, the DSB established a panel in dispute DS401. As provided for in Article 9.1 of the DSU with regard to multiple complainants, it was agreed that that panel and the panel established on 25 March 2011 for dispute DS400 would be a single panel. On 24 September 2012, Canada and Norway requested the Director‑General to determine the composition of the panel. On 4 October 2012, the Director-General composed the panel. On 4 April 2013, the Chair of the Panel informed the DSB that the panel expects to issue its final report to the parties by October 2013, in accordance with the timetable adopted after consultation with the parties. |
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