. /.   WORLD TRADE  
ORGANIZATION  WT/DS369/1 
G/L/827 
G/TBT/D/31 
1 October 2007 
 (07-4138) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – CERTAIN MEASURES PROHIBITING 
THE IMPORTATION AND MARKETING OF SEAL PRODUCTS 
 
Request for Consultations by Canada
 
 
 
 The following communication, dated 25 Septem ber 2007, from the delega tion of Canada to 
the delegation of the European Communities and to the Chairman of the Dispute Settlement Body, is 
circulated in accordance with  Article 4.4 of the DSU. 
 
_______________ 
 
   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) and Article 14 of the Agreement on Technical Barriers to Trade  (TBT Agreement), the 
Government of Canada hereby requests consu ltations with the European Communities (EC) 
concerning certain measures taken by Belgium an d the Netherlands regarding the importation, 
transportation, manufacturing, marketing, and sale of seal products.  These measures include:   – la Loi relative à l'interdiction de fabriq uer et de commercialiser des produits dérivés 
de phoques , F. 2007 – 1590 [C − 2007/11138], 16 March 2007, (the "Belgian trade 
ban"); 
 
 – l'Arrêté ministériel modifiant l'arrêté ministériel du 15 septembre 1995 soumettant à 
licence l'importation de certaines marchandises
, F. 2004 – 1983 [C – 2004/11258], 
28 May 2004 (the "Belgian import licensing requirement"); and, 
  – Articles 5 and 13 of the Dutch Flora and Fauna Act , when read in conjunction with 
the Decree of 4 July 2007 amending the Designation of Animal and Plant Species 
(Flora and Fauna Act) Decree and the Protected Animal and Plant Species 
(Exemptions) Decree in relation to the ban on trade in products originating from 
harp seals and hooded seals
 (the "Dutch trade ban"). 
  The Belgian trade ban prohibits the preparati on for sale or delivery to consumers, transport 
for sale or delivery, possession for the purpose of sal e, importation, distribution and transfer of seal 
products.  The Belgian import licensing requirement  imposes a requirement that an import licence be 
issued for the importation of seal products. WT/DS369/1 
G/L/827 G/TBT/D/31 
Page 2 
  
   The Dutch trade ban prohibits the importation of and trade in all harp seal and hooded seal 
products regardless of the animal's age.  This in cludes a prohibition against asking for the sale, the 
buying or acquisition, the holding for sale or in stock, the selling or offering for sale, the 
transportation or offering for transport, the deliver y, the use for commercial profit, the renting or 
hiring, the exchange or offer in exchange, the trade or exhibiting for commercial purposes or the 
bringing or possessing within or outside the territory  of the Netherlands, of harp seal and hooded seal 
products.     
 These measures appear to be inconsistent w ith the EC's obligations under GATT 1994 and the 
TBT Agreement.  The provisions of these Agreem ents with which the measures appear to be 
inconsistent include:   (i) Articles 2.1 and 2.2 of the TBT Agreement  
 (ii) Articles I:1, III:4, V:2, V:3, V:4 and XI:1 of GATT 1994. 
  These violations appear to nullify or impair  the benefits accruing to Canada under those 
Agreements.  Moreover, these measures appear to nullify or impair the benefits accruing to Canada in 
the sense of Article XXIII:1(b) of GATT 1994.  
 Canada reserves the right to raise additional claims and legal matters regarding the measures 
at issue during the course of consultations.     Canada looks forward to receiving the reply of  the EC to this request and welcomes any 
suggestions that it might wish to make concerni ng the date on which these c onsultations could take 
place, and the location of the consultations. 
 
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