WORLD TRADE  
ORGANIZATION  WT/DS391/3 
10 July 2009 
 
 (09-3375) 
 Original:   English 
  
 
KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT 
AND MEAT PRODUCTS FROM CANADA 
 
Request for the Establishment of a Panel by Canada
 
 
 
 The following communication, dated 9 July 2009, from the delegation of Canada to the 
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
_______________ 
 
  On 9 April 2009, the Government of Canada requested consultations with the Republic of 
Korea ("Korea") concerning measures affecting th e importation of bovine meat and meat products 
from Canada, pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing 
the Settlement of Disputes  ("DSU"), Article XXII of the General Agreement on Tariffs and Trade 
1994  ("GATT 1994") and Article 11 of the Agreement on the Application of Sanitary and 
Phytosanitary Measures  ("SPS Agreement ").  
  On 7 May 2009, consultations were held in Geneva, with a view to reaching a satisfactory 
resolution of the matter.  Unfortunately, the consultations failed to settle the dispute. 
 
 Canada therefore requests the DSB to establish a panel to examine this matter with standard 
terms of reference, as set out in Article 7.1 of the DSU, pursuant to Articles 4 and 6 of the DSU, 
Article XXII of the GATT 1994 and Article 11 of the SPS Agreement . 
  Korea maintains a ban on the importation of  bovine meat and meat products from Canada 
allegedly to protect against risks arising from bovine spongiform encephalopathy (BSE).  
  In addition, Korea has adopted measures that place unjustified restrictions on the resumption of imports of bovine meat and meat  products from Canada. For instance: 
 
 (i) Korea prohibits the importation of all b eef and beef products derived from cattle 30 
months of age and over that originate from  countries where there has been a case of 
BSE in the last five years;  
  (ii) Korea makes the import health require ments necessary for the lifting of the ban on 
bovine meat and meat products from Canada  subject to the deliberation of its 
National Assembly; 
  (iii) In the event that the ban on bovine meat  and meat products from Canada were lifted, 
Korea may re-impose a ban on imports of all bovine meat and meat products from 
Canada indefinitely were an additio nal case of BSE to occur in Canada. 
 
 Moreover, Korea's measures discriminate between Canada and other WTO Members. WT/DS391/3 
Page 2  
 
   
 The measures covered in this panel request are the following:   – Act on the Prevention of Contagious Animal Diseases  (Law No. 907), which entered 
into force on 30 December 1961, as amended, including by Korean Act No. 9130, 
which entered into force on 11 September 2008; 
  – Enforcement Regulations of the Act on  the Prevention of Livestock Epidemics , as 
amended, including by Decree No. 68 of the Minister of Food, Agriculture, Forestry and Fisheries, dated 30 April 2009; 
 
 – Notice No. 1998-76 of the Minister of Agriculture and Forestry ( Animal Health 
Requirements for the importation of C anadian cloven-hoofed animals and their 
products into the Republic of Korea ), dated 7 December 1998; 
 
 – Administrative Order No. 51584-476, dated 21 May 2003; 
  – Notice No. 2004-23 of the Minister of Agriculture ( Prohibited Countries as 
Exporters of Designated Inspectable Articles ), dated 3 May 2004, as amended, 
including by Notice No. 2009-5 of the Minister of Food, Agriculture, Forestry and Fisheries ( Partial Amendment of the Clauses Applicable to the Prohibited DIA 
Exporting Countries ), dated 17 February 2009; 
  – Notice 2008-74 of the Minister of Food, Agriculture, Forestry and Fisheries ( Method 
of Import Risk Analysis Concerning Import of Designated Inspectable Articles ), dated 
20 August 2008; 
 
 – Notice No. 2008-15 of the Minister of Food, Agriculture, Forestry and Fisheries 
(Import Health Requirements for U.S. Beef and Beef Products ), dated 26 June 2008; 
and 
  – Any amendments or extensions to th e above, or implementing measures on which 
Korea may rely on in imposing a prohibition on the importation of bovine meat and 
meat products from Canada or in placing fu rther restrictions on the resumption of 
imports of bovine meat and meat products from Canada.  
  Each of these measures is inconsistent  with the obligations of Korea under the 
SPS Agreement . In particular, Canada considers that each of these measures is inconsistent with the 
following provisions:  
1. Article 2.2 of the SPS Agreement  because they are not applied only to the extent 
necessary to protect human or animal life or health, they are not based on scientific principles and they are maintained w ithout sufficient scientific evidence. 
 
2. Article 2.3 of the SPS Agreement  because they arbitrarily or unjustifiably 
discriminate between Members where identical or similar conditions prevail and they are applied in a manner that constitutes a dis guised restriction on international trade. 
 
3. Article 3.1 of the SPS Agreement  because they are not based on international 
standards, guidelines or recommendations. 
 
4. Article 3.3 of the SPS Agreement  because they result in a higher level of sanitary 
protection than would be achieved by meas ures based on the relevant international  WT/DS391/3 
 Page 3 
 
 
  standards, guidelines or recommendations, in the absence of a scientific justification 
or of a determination by Korea of its a ppropriate level of sanitary protection in 
accordance with the relevant provisions of  paragraphs 1 through  8 of Article 5. 
 
5. Article 5.1 of the SPS Agreement  because they are not b ased on an assessment, as 
appropriate to the circumstances, of the risks to human or animal life or health, taking 
into account risk assessment techniques developed by relevant international 
organizations. 
 
6. Article 5.5 of the SPS Agreement  because Korea maintains arbitrary or unjustifiable 
distinctions in the levels of sanitary pr otection that it considers appropriate in 
different situations and those distinctions  result in discrimination or a disguised 
restriction on international trade. 
 
7. Article 5.6 of the SPS Agreement  because they are more trade-restrictive than 
required to achieve Korea's appropria te level of sanitary protection. 
 
8. Article 8 and Annex C(1)(a), first clause,  because they cannot be undertaken and 
completed without undue delay. 
 
9. Were Korea to invoke Article 5.7 of the SPS Agreement  in justification of its 
measures, they do not meet the requirement s necessary to allow for their provisional 
adoption and/or maintenance under that Article. 
  Canada also considers that each of these measures is inconsistent with the following provisions of the GATT 1994: 
 
1. Article I:1 of the GATT 1994 because Korea does not accord the same treatment it 
grants to bovine meat and meat products or iginating in certain countries to the like 
products originating in Canada. 
 
2. Article III:4 of the GATT 1994 because they result in less favourable treatment for 
imported bovine meat and meat product th an for domestic bovine meat and meat 
products. 
 
3. Article XI:1 of the GATT 1994 because they constitute prohibitions or restrictions on 
importation.  
 
 Canada asks that this request be placed on the agenda of the next meeting of the DSB, scheduled to be held on 20 July 2009.  
__________