. /.   WORLD TRADE  
ORGANIZATION  WT/DS400/1/Add.1 
G/L/909/Add.1 
G/TBT/D/36/Add.1 G/AG/GEN/87/Add.1 
21 October 2010 
 
(10-5478) 
 Original:   English 
 
 
 
EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION  
AND MARKETING OF SEAL PRODUCTS 
 
Request for Consultations by Canada  
 
Addendum  
   The following communication, dated 18 Octobe r 2010, from the delegation of Canada to the 
delegation of the European Union
1 and to the Chairman of the Dispute Settlement Body, is circulated 
in accordance with Article 4.4 of the DSU.  
_______________ 
 
 
 On 2 November 2009, Canada requested c onsultations with the European Communities 
regarding Regulation (EC) No. 1007/2009 of the Eur opean Parliament and of the Council of 16 
September 2009 on trade in seal products , as well as any subsequent amendments, replacements, 
extensions, implementing measures or other related measures. Consultations with the European Union 
were held on 15 December 2009. 
 
 Subsequently, on 17 August 2010, the European Commission published Commission 
Regulation (EU) No. 737/2010, which lays down detailed rules for the implementation of Regulation 
(EC) No. 1007/2009 of the European Parliame nt and of the Council on trade in seal products  
("implementing measure").    
 To take this development into account, Canada  hereby requests supplem entary consultations 
with the European Union with resp ect to the implementing measure.  In addition, Canada may also 
wish to consult further on matters pertaining to Regulation EC No 1007/2009 that were previously 
raised at the consultations held on 15 December 20 09 or that have since arisen as a result of the 
implementing measure or otherwise.  These supplemen tary consultations with the European Union are 
being requested pursuant to Articles 1 and 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") and Article 14 of the Agreement on Technical Barriers to Trade  ("TBT 
Agreement").  
                                                     
 
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. WT/DS400/1/Add.1, G/L/909/Add.1,  
G/TBT/D/36/Add.1, G/AG/GEN/87/Add.1 Page 2 
 
 
   The implementing measure, either in itself or in combination with Regulation (EC) No. 
1007/2009, appears to be inconsistent with the European Union’s obligations under the Marrakesh 
Agreement Establishing the World Trade Organization , including: 
 
(i) Articles I:1, III:4 and XI:1 of GATT 1994  
(ii) Articles 2.1, 2.2, 5.1, 5.2, 5.4, 5.6, 6.1, 6. 2, 7.1, 7.2, 7.4, 7.5, 8.1 and 8.2 of the TBT 
Agreement 
(iii) Article 4.2 of the Agreement on Agriculture 
 
 Canada reserves the right to raise additional cl aims and legal matters during the course of the 
supplementary consultations.   Canada looks forward to receiving the reply of the European Union to this request and 
welcomes any suggestions that it might wish to make concerning the date on which these 
supplementary consulta tions could take place, and their location. 
  
__________