G/MA/W/116  
 
23 November 2015  
(15-6198)  Page: 1/2  
Committee on Market Access  Original: English  
 
QUESTIONS BY THE EUROPEAN UNION TO THE UNITED STATES ON ITS  
QUANTITATIVE RESTRICTIONS  (QRS) NOTIFICATION  
(G/MA/QR/N/USA/2) 
COMMUNICATION FROM THE EUROPEAN UNION 
 
The following communication, dated 12 November 2015, is being circulated at the request of the 
delegation of the European Union. 
 
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1.  On 29 September 2014, the US submitted its complete QRs notification circulated as document G/MA/QR/N/USA/2. Measures No 10 and 11 of the notification refer to "Prohibition on the 
importation and exportation of endangered and threatened species" and "Prohibition on the 
importation and exportation of certain species pursuant to CITES ".   
2.  The EU would like to ask the US for additional  clarifications to understand the extent to which 
these measures are related to the prohibition of  sturgeon trade through the amendment of the 
Endangered and Threatened Wildlife and Plant Act (50 CFR Part 224) in June 2014, which was notified to CITES on 11 August 2014 (Notification No 2014/036). According to the notification, as 
of 2 July 2014 it is illegal to import or export from the US any of the five sturgeon species listed in 
the Act, including live or dead, parts or products (i.e. caviar).   
3.  Firstly, measures No 10 and 11 of G/MA/QR/N/USA/2 do not directly specify the species 
concerned by the prohibitions. Therefore the EU wo uld appreciate a general description of all the 
restrictions related to trade in sturgeons products in force in the United States, including a detailed 
description of the tariff line(s) or parts of tariff line(s) affected by the restrictions, together with an 
indication of the Harmonized System (HS) version on which the code(s) is(are) based (e.g. HS2002, HS2007, HS2012, etc.) and an indication of whether hybrid species are also included.   
4.  In relation to measure 11, the link submitte d by the US in column entitled "Detailed Product 
Description" of measure 11 brings the reader to the list of countries and species currently subject to trade prohibitions under CITES. We would welcome clarifications that the scope of products 
covered by measure 11 comprises all and only the products subject to such CITES prohibitions.   
In relation to measures 10,  the EU would like to ask the US: i) to clearly indicate whether Measures 10 of G/MA/QR/N/USA/2 include the sturgeon products listed in CITES Notification 
No 2014/036, ii) and to clearly identify all the products covered by Measures No 10.  
 5.  Secondly, the US Fish and Wildlife Service (USFWS) announced the review of 10 additional sturgeon species with might lead to a prohibition of their import and export. The review process 
was initiated in 2013
1 and is still running. The EU would be interested in an update on the state of 
play of this procedure.  
6.  Thirdly, the EU would like to receive a clear indication of the grounds and WTO justification for 
the measures maintained and the species concerned. The EU shares the intention to protect endangered species but considers that contrary to increasing the threat of extinction, aquaculture 
based on captive bred specimens can relieve the pr essure on wild specimen. In this respect, the 
                                               
1 90-Day Finding on a Petition To List 10 Stur geon Species as Endangered or Threatened 
(24 September 2013). G/MA/W/116 
 
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  EU would like to ask the US to clearly explain how the ban can be justified for captive bred 
sturgeon products.   7.  In accordance with CITES
2, international trade in captive bred specimens of the sturgeon 
species concerned is authorised as it is not considered as detrimental to the survival of wild stocks. 
This is evidenced in the EU by a number of succe ssful conservation and restocking programmes for 
the species in question, arising through aquaculture. The EU would like to know how these 
provisions and principles of CITES are taken into account in the decision-making process leading to 
the prohibition of sturgeon trade under the Enda ngered and Threatened Wildlife and Plant Act. 
 8.  Lastly, the EU would welcome a confirmation of the manner in which the restrictions are to be 
administered, and what information will be required for customs clearance of the goods. In this 
respect, could the US confirm the EU understanding  that the ban on imports of the products at 
stake applies erga omnes  to all the US trading partners without exceptions?  
 
 
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2 In particular Article VII(4) of  CITES and CITES Resolutions Conf. 10.16  and Conf. 12.7 (Rev. CoP16).