DISPUTE SETTLEMENT

DS: European Communities — Trade Description of Scallops

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

 

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Key facts

 

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaints by Canada, Peru and Chile.

The complaint concerned a French Government Order laying down the official name and trade description of scallops. Complainants claimed that this Order will reduce competitiveness on the French market as their product will no longer be able to be sold as “Coquille Saint-Jacques” although there is no difference between their scallops and French scallops in terms of colour, size, texture, appearance and use, i.e. it is claimed they are “like products”. Violations of GATT Articles I and III and TBT Article 2 were alleged.

 

Panel and Appellate Body proceedings

A panel was established at the request of Canada on 19 July 1995. A joint panel was established on 11 October 1995 at the request of Peru and Chile on the same subject. The two panels concluded their substantive work, but suspended the proceedings pursuant to Article 12.12 of the DSU in May 1996 in view of the consultations held among the parties concerned towards a mutually agreed solution.

 

Mutually agreed solution

The parties notified a mutually agreed solution to the DSB on 5 July 1996. Brief panel reports noting the settlement were circulated to Members on 5 August 1996 in accordance with the provisions of Article 12.7 of the DSU.

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