. /.   WORLD TRADE  
ORGANIZATION  WT/DS401/1/Add.1 
G/L/912/Add.1 
G/TBT/D/37/Add.1 G/AG/GEN/88/Add.1 
21 October 2010 
 
 
(10-5483) 
 Original:   English 
 
 
EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION  
AND MARKETING OF SEAL PRODUCTS 
 
Request for Consultations by Norway  
 
Addendum  
  The following communication, dated 19 Octobe r 2010, from the delegation of Norway to the 
delegation of the European Union
∗ and to the Chairman of the Dis pute Settlement Body, is circulated 
in accordance with Article 4.4 of the DSU. 
 
_______________ 
  
 On 5 November 2009, Norway requested c onsultations with the European Communities 
("EC") concerning certain measures affecting trade in seal products (Document WT/DS401/1, 
G/L/912, G/TBT/D/37, G/AG/GEN/88).  The present request complements, constitutes an addendum to, and must be read with, the original requ est for consultations presented on 5 November 2009. 
 
 On 15 December 2009, Norway and the European  Union ("EU") held consultations on the EU 
seal regime.   On 10 August 2010, the EU adopted Commission Regulation (EU) No. 737/2010 laying down rules for the implementation of the Regulation. 
 
 Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes , Article XXII of the General Agreement on Tariffs and Trade 1994  
("GATT 1994"), Article 19 of the Agreement on Agriculture , and Article 14 of the Agreement on 
Technical Barriers to Trade  ("TBT Agreement "), Norway hereby renews its  request for consultations 
with the EU concerning certain measures affecting trade in seal products and collectively referred to 
as the "EU seal regime".  The measures at issue include: 
 
− Regulation  (EC) No. 1007/2009 of the European Parliament and of the Council on 
trade in seal products,  adopted on 16 September 2009 (the "Regulation"), which 
establishes a harmonized EU regime for the importation and marketing of seal products;
1  
                                                      
∗ On 1 December 2009, the Treaty of Lisbon amending the Treaty on European Union and the Treaty 
establishing the European Community  (done at Lisbon, 13 December 2007) entered into force.  On 
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the Eu ropean Union and 
the Commission of the European Communities stating that, by virtue of the Treaty of Lisbon , as of 
1 December 2009, the European Union replaces and succeeds the European Community. 
1 Official Journal of the European Union, L 286/36, published 31.10.2009. WT/DS401/1/Add.1, G/L/912/Add.1,  
G/TBT/D/37/Add.1, G/AG/GEN/88/Add.1 Page 2 
 
 
  − Commission Regulation (EU) No. 737/2010, adopted on 10 August 2010 laying down 
detailed rules for the implementation of  the Regulation (the "Implementing 
Regulation");
2  
− omissions to adopt adequate procedur es for establishing that seal products 
conforming to the relevant conditions in th e EU seal regime may be placed on the EU 
market; and 
− any other related measures adopted by the EU or its member States that guide, 
amend, supplement, replace, and/or implement the rules set forth in the Regulation and Implementing Regulation, whether adopt ed pursuant to these regulations or 
otherwise. 
 The EU seal regime imposes a general prohibition on the importation and sale of processed 
and unprocessed seal products in the EU, thereby de priving Norway of access to a significant market 
for its exports of these products. The EU seal regi me contains certain exceptions that set forth 
circumstances in which seal products may be pl aced on the EU market. However, these exceptions 
appear to discriminate in favour of seal products orig inating in the EU and in certain third countries.  
The EU seal regime also includes elements of a system for certifying that seal products are in 
conformity with the relevant condi tions for being placed on the EU market. This system, too, appears 
to be discriminatory and trade-restrictive in a num ber of respects.  Moreover, the Regulation and the 
Implementing Regulation do not appear to establi sh adequate procedures for the assessment of 
conformity of imported seal  products with the rele vant conditions for being placed on the EU market.  
   The EU seal regime appears to be inconsis tent with the EU’s obligations under the Agreement 
on Agriculture , the TBT Agreement  and the GATT 1994, in particular: 
 
(i) Article 4.2 of the Agreement on Agriculture; 
(ii) 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; and, 
(iii) Articles I:1, III:4, and XI:1 of the GATT 1994. 
 These violations appear to nullify or impair bene fits accruing to Norway directly or indirectly 
under the covered agreements within the mean ing of Article XXIII:1(a) of the GATT 1994. 
  Moreover, the EU seal regime appears to nu llify or impair benefits accruing to Norway 
directly or indirectly under the covered agreements  within the meaning of Article XXIII:1(b) of the 
GATT 1994. 
  Norway reserves its rights to raise additional matters during the course of these consultations 
and in any future request for panel proceedings.   Norway looks forward to the EU’s reply to this request, and to fixing a mutually acceptable 
date for consultations. 
 
__________  
                                                     
 
2 Official Journal of the European Union, L 216/1, published 17.08.2010.