WORLD TRADE  
ORGANIZATION  WT/DS293/41 
G/L/629/Add.1 
G/SPS/GEN/399/Add.1 G/AG/GEN/62/Add.1 G/TBT/D/30/Add.1 
23 March 2010 
 
(10-1567) 
 Original:   English/ 
 Spanish 
   
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL 
AND MARKETING OF BIOTECH PRODUCTS 
 
Notification of a Mutually Agreed Solution
 
   The following communication, dated 19 Marc h 2010, from the delegation of Argentina and 
the delegation of the European Union
1 to the Chairman of the Disput e Settlement Body, is circulated 
pursuant to Article 3.6 of the DSU.   
_______________ 
  
 Please find attached a Mutually Agreed So lution reached on 18 March 2010, between 
Argentina and the European Union in the above referenced case.  
 
                                                     
 
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisbon , 13 December 2007) entere d into force.  On 29 
November 2009, the WTO received a Verbal Note (WT/L/7 79) from the Council of th e European 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. WT/DS293/41, G/L/629/Add.1,  
G/SPS/GEN/399/Add.1, G/AG/GEN/62/Add.1,  G/TBT/D/30/Add.1 
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  MUTUALLY AGREED SOLUTION BETWEEN THE ARGENTINE REPUBLIC AND THE 
EUROPEAN UNION TO THE DISPUTE "EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS" 
(WT/DS293)  
 The Argentine Republic and the European Uni on (EU) (the "Parties") have agreed on the 
settlement of the dispute "European Communities – Measures affecting the approval and marketing of 
biotech products" (WT/DS293). The Argentine Republic  and the EU have reached a mutually agreed 
solution within the meaning of Article 3.6 of th e Understanding on Rules and Procedures Governing 
the Settlement of Disputes (DSU), by which they  settle this WTO dispute. The Argentine Republic 
and the EU will jointly notify this mutually agreed solution to the Chairman of the Dispute Settlement 
Body (DSB) and the Chairpersons of th e relevant WTO Committees and Councils.  
 
 This mutually agreed solution is without prejudice to and has no effect on the respective 
substantive positions held by the Parties regardi ng the implementation of the recommendations of the 
DSB in the dispute WT/DS293, and does not modify, otherwise than as provided herein, the rights and obligations of the Argentine Republic  and the EU under the WTO Agreements. 
  Therefore, the Argentine Repub lic and the EU agree as follows: 
 BILATERAL DIALOGUE ON ISSUES RELATED TO THE APPLICATION OF 
BIOTECHNOLOGY TO AGRICULTURE 
 
1. In view of the constructive dialogue held so  far by the Parties, the Argentine Republic and 
the EU hereby establish a "Bilateral dialogue on issues rel ated to the application of 
biotechnology to agriculture ”. 
2. The objectives of this dialogue will be, inte r alia, avoiding unnecessary obstacles to trade 
resulting from the regulation of biotech products in the Argentine Republic and the EU, preventing situations of asynchronous au thorisations and ensuring a harmonious 
technological progress and the adoption of measure s consistent with the WTO Agreements.  
3. This dialogue will cover any issue of interest to the Parties, including: 
(1) The follow-up of the authorisation processes of genetically modified products of 
interest to the Parties, both in the EU and the Argentine Republic; 
(2) The measures related to biotechnology which may affect trade between the 
Argentine Republic and the EU, including measures adopted by the EU Member 
States; 
(3) Specific issues which arise in the contex t of requests for authorisation submitted to 
regulatory evaluation; 
(4) The exchange of information on the trad e impact of asynchronous authorisations of 
genetically modified products; 
(5) The evaluation of the economic and trade outlook of future authorisations of 
genetically modified products; 
(6) The renewal of authorisations of genetically modified products;  WT/DS293/41, G/L/629/Add.1,  
 G/SPS/GEN/399/Add.1, G/AG/GEN/62/Add.1,   G/TBT/D/30/Add.1 
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  (7) The exchange of information regarding re levant issues in the field of agriculture 
biotechnology, including: 
(a) general opinions on regulatory criteria a nd the cooperative study of emerging 
regulatory problems; e.g. cultivation of genetically modified products with 
multiple events, genetically modified products with complex characteristics 
(e.g. resistance to abiotic stress) and cultivation of products with therapeutic proteins or products of industrial interest; 
(b) new legislation in the field of biotechnological agriculture, including 
guidelines, good practices, and projects, notably those aimed at improving the 
process of authorisation of genetically modified organisms (GMOs);  
(c) coordination mechanisms to solve even tual cases of adventitious presence of 
non-authorised GMOs in shipments of authorised products;  
(d) tolerance thresholds for non-authori sed genetically modified products. 
 
– Participants
1: For the European Commission: the Directorate-General for Health and 
Consumers; the Directorate-General for Ag riculture and Rural Development; and the 
Directorate-General for Trade. For the Ar gentine Republic, the Ministry of Foreign 
Affairs, International Trade and Worship a nd the Ministry of Agriculture, Livestock 
and Fisheries (Secretariat of Agriculture, Livestock and Fisheries) and the National 
Service of Agro-alimentary Quality and Health (SENASA). The participation of 
additional officials will be allowed, b ased on ability to address the items of the 
corresponding agenda. 
– Meetings : The Parties will agree to hold meetings  bi-annually. The meetings will take 
place during each semester in Brussels and Bue nos Aires, alternatively. However, the 
Parties may agree sufficiently in advance that a meeting is held by videoconference, or 
in the margins of other bilateral meeting, such as the meetings of the Joint Committee 
Argentine Republic - EU (Joint Committee).  
– Conclusions of the meetings : there will be a report of the conclusions of the meetings 
in the form of a follow-up paper on speci fic issues of interest which will be 
communicated to the Joint Committee. 
– Exchange of information:  the Parties will establish focal  points for the exchange of 
information and will keep a permanent cont act through information technology means. 
The exchange of information will be confid ential and the Parties will take the necessary 
measures to ensure such condition.  
– Scientific cooperation : the Parties will endeavour to f acilitate the scientific cooperation 
between the European Food Safety Agency (EFSA), the Secretariat for Agriculture, 
                                                      
1 The European Commission and the Argentine Republic  will inform each other of any changes in the 
attribution of competences in the fiel d of biotechnology which may affect the appointment of its participants in 
this dialogue. WT/DS293/41, G/L/629/Add.1,  
G/SPS/GEN/399/Add.1, G/AG/GEN/62/Add.1,  G/TBT/D/30/Add.1 
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  Livestock and Fisheries (SAGyP) and the National Service of Agro-alimentary Quality 
and Health (SENASA) in the field of biotechnology.  
 
 
  Done at Buenos Aires, on 18
th of March of 2010, in three (3) original authentic English and 
Spanish versions.  
 
   
For the Argentine Republic For the European Union 
 
 
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