WT/DS469/2  
 
10 January 2014  
(14-0096)  Page: 1/3  
  Original: English  
 
EUROPEAN UNION – MEASURES ON ATLANTO-SCANDIAN HERRING 
REQUEST FOR THE ESTABLISHMEN T OF A PANEL BY DENMARK 
IN RESPECT OF THE FAROE ISLANDS 
The following communication, dated 8 January 2014, from the delegation of Denmark in respect of 
the Faroe Islands to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU. 
 
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1. On 4 November 2013, the Kingdom of Denmark in respect of the Faroe Islands ("the 
Faroe Islands") requested consultations with the European Union concerning the use by the European Union of coercive economic measures in relation to Atlanto-Scandian herring ( Clupea 
Harengus ). These consultations were requested by the Faroe Islands pursuant to Article 4 of the 
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU") and 
Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"). The 
Faroe Islands' request was circulated on 7 November 2013 in document WT/DS469/1, G/L/1058. 
 2. Consultations were held on 12 December 2013 with a view to reaching a mutually satisfactory solution. Unfortunately, the consultations failed to settle the dispute.  
 
3. Accordingly, pursuant to Article 6 of the DSU and Article XXIII of the GATT 1994, the Kingdom of Denmark in respect of the Faroe Islands now requests that the Dispute Settlement 
Body ("DSB") establish a panel in order to examine this matter. 
 I. IDENTIFICATION
 OF THE  MEASURES  AT ISSUE 
 
4. In response to the Faroe Islands' decision to set a catch limit of 105 230 tonnes for Atlanto-Scandian herring, the European Union has adopted coercive economic measures against the Faroe Islands. It has prohibited the introduction into the territory of the Union of certain 
products of Atlanto-Scandian herring and Northeast Atlantic mackerel ( Scomber scombrus ) caught 
under the control of the Faroe Islands; and it has prohibited from EU ports any vessels flying the flag of the Faroe Islands that fish for Atlanto-Scandian herring or Northeast Atlantic mackerel and 
any vessels transporting fish or fish products  stemming from Atlanto-Scandian herring or 
Northeast Atlantic mackerel that have been caught either by vessels flying the flag of the Faroe Islands or by other vessels authorized by the Faroe Islands while flying the flag of a third 
country. 
 5. On 21 August 2013, the European Union published, in the Official Journal of the European Union, Commission Implementing Regulation (E U) No 793/2013 of 20 August 2013 establishing 
measures in respect of the Faeroe Islands to ensure the conservation of the Atlanto-Scandian 
herring stock (the "Implementing Regulation").
1   
 
6. The Implementing Regulation asserts that the "Faeroe Islands shall be identified as a 
country allowing non-sustainable fishing" of the Atlanto-Scandian herring stock,2 in the sense of 
Article 4(1)(a) of Regulation (EU) No. 1026/2012 of  the European Parliament and of the Council of 
                                               
1 Official Journal of the European Union, L 223, 21 August 2013, p. 1. 
2 Implementing Regulation, Article 4. WT/DS469/2 
 
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  25 October 2012 on certain measures for the purpose of conservation of fish stocks in relation to 
countries allowing non-sustainable fishing (the "Basic Regulation").3 
 
7. Pursuant to powers accorded to the Commission under the Basic Regulation, paragraphs 1 and 2 of Article 5 of the Implementing Regulation further specify that:  
 
1. It shall be prohibited to introduce into  the territory of the Union, including for 
transhipment purposes at ports, fish or fishery products set out in Annex which 
consist of, are made of, or contain Atlanto-Scandian herring or mackerel caught under 
the control of the Faeroe Islands. 
2. The use of Union ports by vessels flying the flag of the Faeroe Islands that fish 
for Atlanto-Scandian herring or mackerel and by vessels transporting the fish or the 
fishery products stemming from Atlanto-Scan dian herring or mackerel that have been 
caught either by vessels flying the flag of that country or by vessels authorised by it while flying another flag shall be prohibited. This prohibition shall not apply in cases of 
force majeure  or distress within the meaning of Article 18 of the 1982 United Nations 
Convention on the Law of the Sea for services strictly necessary to remedy those situations.
4 
8. The Implementing Regulation entered into force on the seventh day following its publication 
in the Official Journal of the European Union,5 that is, 28 August 2013.  
 9. The Faroe Islands understands that the Eu ropean Union has adopted, pursuant to the 
Implementing Regulation, an indicative list of vessels that are prohibited from using EU ports, 
including vessels flying the flags of Belize, Chin a, the Faroe Islands, and Saint Kitts and Nevis. 
 
10. The measures at issue include the Basic Regula tion, the Implementing Regulation, as well as 
any related measures adopted by the European Un ion or its Member States, including measures 
that guide, amend, support, supplement, replace, and/or implement the provisions set forth in the 
Basic Regulation or Implementing Regulation. 
 II. LEGAL
 BASIS  OF THE  COMPLAINT 
 
11. The Faroe Islands is concerned that the measures of the European Union described above 
are inconsistent with obligations of the European Union under the covered agreements. In particular, it appears that the measures contravene: 
 
(a) Article I:1 of the GATT 1994, because, through the prohibitions on: 
 
– introduction of specified Atlanto-Scandian herring and Northeast Atlantic 
mackerel products into the territory of the European Union, set forth in Article 5(1) of the Implementing Regulation; and, 
 
– use of Union ports by certain vessels flying the flag of the Faroe Islands and 
certain third-country vessels transporting specified fish or fishery products, set forth in Article 5(2) of the Implementing Regulation,  
 
the European Union fails to accord immediately and unconditionally to like products originating in the Faroe Islands relevant advantages, favours, privileges or immunities 
that are granted by the European Union to Atlanto-Scandian herring and Northeast 
Atlantic mackerel products originating in other countries;  
 
(b) Article V:2 of the GATT 1994, because, through the prohibition on introduction to the 
territory of the European Union of specified Atlanto-Scandian herring and Northeast Atlantic mackerel products: 
 
– set forth under Article 5(1) of the Implementing Regulation; and, 
                                               
3 Official Journal of the European Union, L 316, 14 November 2012, p. 34. 
4 Implementing Regulation, Article 5. The Annex refe rred to in paragraph 1 of Article 5 sets forth a 
detailed list of fish and fishery pr oducts whose introduction into the te rritory of the Union is prohibited.  
5 Implementing Regulation, Article 7. WT/DS469/2 
 
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– arising through denial of access to EU ports for certain vessels flying the flag of 
the Faroe Islands and certain third-country vessels transporting specified fish or 
fisheries products, set forth in Article 5(2) of the Implementing Regulation, 
 
the European Union denies freedom of transit through the territory of the 
European Union, and each of its Member States, via the routes most convenient for international transit, for traffic in transit to or from the territory of other 
WTO Members, and makes distinctions based on the flag of vessels, the place of 
origin, departure, entry, exit or destination or on circumstances relating to the ownership of goods, of vessels or of other means of transport; and, 
 
(c) Article XI:1 of the GATT 1994, because, through the prohibitions on: 
 
– introduction of specified Atlanto-Scandian herring and Northeast Atlantic 
mackerel products into the territory of the European Union, set forth in 
Article 5(1) of the Implementing Regulation; and, 
 
– use of Union ports by certain vessels flying the flag of the Faroe Islands and 
certain third-country vessels transporting specified fish or fishery products, set forth in Article 5(2) of the Implementing Regulation,  
 
the European Union institutes or maintains prohibitions or restrictions, other than 
duties, taxes or other charges, on the importation of certain products of the territory of the Faroe Islands. 
 
III. Request for the Establishment of a Panel 
 
12. Accordingly, the Kingdom of Denmark in resp ect of the Faroe Islands requests that the DSB 
establish a panel with the standard terms of re ference as set out in Article 7.1 of the DSU. 
 13. The Kingdom of Denmark in respect of the Faroe Islands asks that this request be put on the 
agenda for the DSB meeting scheduled to take place on 22 January 2014. 
  
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