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.
See also:
> The basics: how disputes are settled in WTO
> Computer based training on dispute settlement
> Text of the Dispute Settlement Understanding
|
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: |
|
Summary of the dispute to date back to top
The summary below was up-to-date at
Consultations
Complaint by Norway. (See also DS400)
On 5 November 2009, Norway 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 (the “EC seal regime”). According to Norway, the EC seal regime prohibits the importation and sale of processed and unprocessed seal products, while containing certain exceptions that afford privileged access to the EU market to seal products originating in the EC and certain third countries, but not Norway.
Norway claims that the above measures are inconsistent with the obligations of the European Communities under Article 4.2 of the Agriculture Agreement; Article 2.1 and 2.2 of the TBT Agreement; and Articles I:1, III:4 and XI:1 of the GATT 1994.
On 16 November 2009, Iceland requested to join the consultations. On 20 November 2009, Canada requested to join the consultations.
On 19 October 2010, Norway renewed its consultation request with respect to the EU seal regime, which, in addition to Regulation (EC) No. 1007/2009, also includes: Commission Regulation (EU) No. 737/2010 (laying down rules for the implementation of Regulation (EC) No. 1007/2009); omissions to adopt adequate procedures for establishing that seal products conforming to the relevant conditions in the EU seal regime may be placed on the EU market; and any other related implementing measures.
Norway claims that the EU seal regime imposes a prohibition on the importation and sale of seal products and establishes certain exceptions that discriminate in favour of seal products originated in the EU and certain third countries. Norway further claims that the EU seal regime also includes elements of a system for certifying that seal products are in conformity with the relevant conditions for being placed on the EU market that is discriminatory and trade-restrictive in a number of respects. Moreover, Regulation (EC) No. 1007/2009 and requested supplementary consultations concerning Commission Regulation (EU) No. 737/2010 do not establish adequate procedures for the assessment of conformity of imported seal products with the relevant conditions for being placed on the EU market.
Norway claims that the EU seal regime is inconsistent, inter alia , with Articles 2.1, 2.2, 5.1, 5.2, 5.4, 5.6, 6.1, 6.2, 7.1, 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 28 October 2010, Canada requested to join the supplementary consultations.
On 14 March 2011, Norway requested the establishment of a panel. At its meeting on 25 March 2011, the DSB deferred the establishment of a panel.
Panel and Appellate Body proceedings
At its meeting on 21 April 2011, the DSB established a panel. As provided for in Article 9.1 of the DSU with regard to multiple complainants, the DSB agreed that the panel established at the DSB meeting on 25 March 2011 to examine the complaint by Canada (DS400), would also examine this complaint. Argentina, Canada, China, Colombia, Ecuador, Iceland, Japan, Mexico, Namibia and the United States reserved their third party rights. Subsequently, the Russian Federation reserved its third party rights. 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. |
> Problems viewing this page?
Please contact webmaster@wto.org giving details of the operating system and web browser you are using. |
