WORLD TRADE  
ORGANIZATION  WT/DS321/R/Add.1 
31 March 2008 
 (08-0908) 
 Original:   English 
  
 
  
CANADA – CONTINUED SUSPENSION OF 
OBLIGATIONS IN THE EC  – HORMONES DISPUTE 
 
 
Report of the Panel 
  
Addendum
 
   This addendum contains Annex A to the Re port of the Panel to be found in document 
WT/DS321/R.  The other annexes can be found in the following addenda: 
  – Annex B: Add.2  – Annex C: Add.3  – Annex D: Add.4 
 – Annex E: Add.5 
 – Annex F: Add.6  – Annex G: Add.7  WT/DS321/R/Add.1 
 Page A-1 
 
 
  ANNEX A 
 
CORRESPONDENCE FROM THE PANEL TO THE PARTIES 
AND WORKING PROCEDURES 
  
Contents Page 
Annex A-1 Letter to the Parties dated 1 August 2005 on the Panel Decision on 
Open Hearings for Public Observation A-2 
Annex A-2 Working Procedures for the Panel A-3 
Annex A-3 Letter to the Parties date d 20 October 2005 on the Panel Decision 
on Consulting Scientific and Technical Experts A-6 
Annex A-4 Letter to the Parties dated 25 November 2005 on the Panel 
Decision on Certain Issues concerning the Experts' Working 
Procedures A-8 
Annex A-5 Working Procedures for Cons ultations with Scientific and/or 
Technical Experts A-10 
 WT/DS321/R/Add.1 
Page A-2  
 
  ANNEX A-1 
 
LETTER TO THE PARTIES DATED 1 AUGUST 2005  
ON THE PANEL DECISION ON OPEN HEARINGS 
FOR PUBLIC OBSERVATION 
 
 
 In light of the parties' common request made on 13 June 2005 to have their meetings with the 
Panel open to the public; keeping in mind the Panel's obligation to ensure that its Working Procedures 
are objective, impartial and non-discriminatory; and after careful consideration of the existing 
provisions of the DSU and its Appe ndix 3, the Panel has decided to accept the parties' request and to 
agree that the panel meetings at which the parties ar e invited to appear, as referred to in paragraph 2 
of Appendix 3 of the DSU, will be open for observation by the public through a closed-circuit broadcast.  
 With a view to ensuring transparency to th e fullest extent possible and non-discriminatory 
access by all people, in particular by all Members, the Panel will request the Secretariat to finalize the 
appropriate logistical arrangement s, and to guarantee that each WTO Member delegation has at least 
two seats available in the room where the closed-cir cuit broadcast will be transmitted.  In addition, 
before its second meeting with the parties, the Pane l will review the need to extend further such non-
discriminatory access, through internet broadcasting, in light, inter alia , of the interest shown by and 
comments received from the public and taking into c onsideration any relevant  information provided 
by the Secretariat relating to this matter.      Since not all third parties have agreed that their session with the Panel be open for 
observation by the public, th at session will remain closed. 
 
 Please note that, as provided in paragraph 3 of the Panel's Working Procedures, the parties 
retain the right to request at any time, including dur ing panel meetings at which they are invited to 
appear, that specific statements of theirs not be broa dcast so as to remain confidential.  The Panel may 
also decide on its own to suspend broadcasti ng at any time, including during such meetings. 
 
 Finally, the Panel wishes to bring to the atte ntion of the parties that the dates of the first 
meeting of the Panel with the par ties and third parties have been ch anged as follows:  On Monday and 
Tuesday, 12 and 13 September, the Panel will m eet with the parties; on Wednesday morning, 
14 September, the Panel will meet with the third pa rties; and on Thursday 15 September, the Panel 
will meet again with the parties to complete its firs t substantive meeting and allow parties, if need be, 
to present their closing statements.     
  The Panel reserves the right to elaborate furthe r in its report on its reasoning with regard to 
this decision.   Attached is a revised version of the Working Procedures and a revised Timetable of the Panel 
that reflect this decision. 
 
  WT/DS321/R/Add.1 
 Page A-3 
 
 
  ANNEX A-2 
 
WORKING PROCEDURES FOR THE PANEL  
 
 
1. The Panel will provide the parties with a tim etable for panel proceedings and will work 
according to the normal working procedures as set out  in the DSU and its Appendix 3 plus certain 
additional procedures, as follows: 
2. The Panel shall meet in closed session.  The par ties to the dispute, and the third parties, shall 
be present at the meetings only when invited by the Pane l to appear before it.  In light of the parties' 
common request, the panel meetings at which the parties are invited to appear will be open for 
observation by the public through closed-circu it broadcast, provided satisfactory logistical 
arrangements can be maintained by the Secretariat. 
3. At any moment including during such meetings , any party may request the Panel to suspend 
the broadcasting for as long as necessary in order to protect confidentiality.  The Panel also has the 
right on its own to suspend the broadcasting at any time, including during such meetings. 
4. The deliberations of the Panel and the documents  submitted to it shall be kept confidential.  
Nothing in these procedures shall preclude a party to  a dispute from disclosing statements of its own 
positions to the public, provided that that party do es not thereby disclose any confidential information 
from the other parties or third parties.  Members shall treat as confidential information submitted by 
another Member to the Panel which that Member has designated as confidential.  As provided in 
Article 18.2 of the DSU, where a party to a dis pute submits a confidential version of its written 
submissions to the Panel, it shall also, upon request of a Member, provide a non-confidential 
summary of the information contained in its subm issions that could be disclosed to the public. 
5. Before the first substantive meeting of the Pane l with the parties, the parties to the dispute 
shall transmit to the Panel written submissions in which they present the facts of the case and their 
arguments.  The third parties may transmit to th e Panel written submissions after the first written 
submissions of the parties have been submitted. 
6. At its first substantive meeting with the par ties, the Panel shall ask the party which has 
brought the complaint to present its case.  Subseque ntly, at the same meeting, the party against which 
the complaint has  been brought shall be asked to present its points of view.   
7. The third parties shall be invited in writing to  present their views during a session of the first 
substantive meeting of the Panel set aside for th at purpose.  In light of the absence of a common 
agreement among the third parties on the issue of  opening this session of the panel meeting for 
observation by the public,  this session will remain closed. The third parties may be present during the 
entirety of this session. 
8. Formal rebuttals shall be made at the second s ubstantive meeting of the Panel.  The party 
complained against shall have the right to take the fl oor first to be followed by the complaining party.  
The parties shall submit, prior to that meeting, written rebuttals to the Panel. 
9. The Panel may at any time put questions to the pa rties and ask them for explanations either in 
the course of a meeting with the parties or in writi ng.  Written replies to questions shall be submitted 
by the date(s) decided by the Panel  
10. The parties to the dispute and any third party i nvited to present its views shall make available 
to the Panel and to the parties a written version of their oral statements. WT/DS321/R/Add.1 
Page A-4  
 
  11. The presentations, rebuttals and statements referred to in paragraphs 6 to 10 shall be made in 
the presence of the parties.  Moreover, each party's written submissions, including responses to 
questions put by the Panel, comments on the descr iptive part of the report, and comments on the 
interim report, shall be made available to the other party. 
12. Any request for a preliminary ruling (including rulings on jurisdictional issues) to be made by 
the Panel shall be submitted no later than in a party' s first written submission.  If a party requests such 
a ruling, the other party shall submit its respective response(s) to such request within a time limit 
specified by the Panel.  Exceptions to this pro cedure will be granted upon a showing of good cause. 
13. The parties shall submit all factual evidence to  the Panel no later than during the first 
substantive meeting, except with respect to evid ence necessary for purposes of rebuttals, and answers 
and comments to questions.  Exceptions to this procedure will be grante d upon a showing of good 
cause.  In such cases, the other parties shall be acco rded a period of time for comment, as appropriate. 
14. To facilitate the maintenance of the record of th e dispute, and for ease of reference to exhibits 
submitted by the parties, parties are requested to number their exhibits sequentially throughout the 
stages of the dispute. 
15. The parties and third parties shall endeavour to  provide the Panel with executive summaries 
of the facts and arguments as presented to the Panel in their written submissions and oral statements 
within 10 days following the delivery to the Pane l of the relevant written submissions or oral 
statements. The executive summaries of the written submissions to be provided by each party should 
not exceed 10 pages in length each and the executive  summaries of the oral statements should not 
exceed 5 pages in length each.  
16. The executive summaries shall not in any way serve  as a substitute for the submissions of the 
parties in the Panel's examination of the case.   However, the Panel may reproduce the executive 
summaries provided by the parties and third parties in  the arguments section of its report, subject to 
any modifications deemed appropriate by the Panel.   The parties' and third parties' replies to 
questions, and the parties' comments on each other's re plies to questions may be attached to the Panel 
report as annexes.  
17. The parties and third parties to these proceedings have the right to determine the composition 
of their own delegations.  The parties and third pa rties shall have responsibility for all members of 
their delegations and shall ensure that all member s of their delegations act in accordance with the 
rules of the DSU and the Working Procedures of this  Panel.  The parties shall provide a list of the 
participants of their delegation before or at  the beginning of the meeting with the Panel. 
18. Following issuance of the interim report, the par ties shall have no less than 10 days to submit 
written requests to review precise aspects of the inte rim report and to request a further meeting with 
the Panel.  The right to request such a meeting must  be exercised no later than at the time the written 
request for review is submitted.  Following receipt  of any written requests for review, in cases where 
no further meeting with the Panel is requested, the parties shall have the opportunity within one week 
to submit written comments on the other party's' wr itten requests for review.  Such comments shall be 
strictly limited to commenting the other party's written requests for review. 
19. The following procedures regarding service of documents apply: 
 (a) Each party and third party shall serve its  submissions directly on all other parties, 
including where appropriate the third parties, and confirm that it has done so at the time it provides its submissions to the Panel. 
  WT/DS321/R/Add.1 
 Page A-5 
 
 
   (b) The parties and third parties should provide the Panel and the parties with their 
submissions, answers to questions and comments invited by the Panel by 5:30 p.m. on the deadline dates established by the Panel, unless a different time is set by the Panel. 
 
 (c) The parties and third parties shall provi de the Panel and the parties with copies of 
their oral statements, preferably at the end of the meeting, and in any event not later 
than noon of the first working day following the last day of the substantive meetings. The parties and third parties are encouraged to provide a provisional written version of their oral statements at the time the oral statement is presented.  
 
 (d) The parties and third parties shall provide  the Panel with 9 hard copies of all their 
submissions, including the written versions of oral statements and answers to questions.  All these copies shall be filed with the Dispute Settlement Registrar, 
***** (office number 3154). 
 
 (e) At the time they provide a hard copy of  their submissions, the parties and third parties 
shall also provide the Panel with an electronic copy of all their submissions on a diskette or as an e-mail attachment in a format compatible with the Secretariat's 
software.  E-mail attachments shall be sent to the Dispute Settlement Registry 
(DSRegistry@wto.org) with a copy to ***** (e-mail: *****@wto.org), Secretary to 
the Panel.  
  (f) Each party shall serve executive summari es mentioned in paragraph 15 directly on 
the other parties, and third parties when re levant, and confirm that it has done so at 
the time it provides its submission to the Pane l.  Each third party shall serve executive 
summaries mentioned in paragraph 15 directly  on the parties and other third parties 
and confirm that it has done so at the time it provides its submission to the Panel.  Subparagraphs (d) and (e) above shall be applied to the service of executive 
summaries. 
 20. The Panel reserves the right to modify these pr ocedures at any time following consultations 
with the parties. WT/DS321/R/Add.1 
Page A-6  
 
  ANNEX A-3 
 
LETTER TO THE PARTIES DATED 20 OCTOBER 2005 
ON THE PANEL DECISION ON CONSULTING 
SCIENTIFIC AND TECHNICAL EXPERTS 
 
  The Panel has instructed me to comm unicate the following message to you. 
  The Panel recalls that it sought the opinions of  the Parties on whether there was a need to 
consult technical or scientific experts on sanitary i ssues, should the Panel consider it necessary in the 
process of resolving this dispute.  From the Parties' replies to the questions of the Panel, it appears that 
no Party disagrees that, should the Panel proceed w ith an assessment of the measure taken by the 
European Communities to comply with the re commendations and rulings of the DSB in the EC – 
Hormones  case (hereafter the "EC implementing measure"), advice from technical or scientific 
experts would be necessary. 
  The Panel notes the views expressed by the Eur opean Communities regarding the nature of 
this case and the order in which its claims should be reviewed by the Pa nel.  At this early stage, the 
Panel is of the view that it is in its interest, as well as  in the interest of the Parties, to be fully informed 
of all relevant aspects of the dispute before it reaches a decision.  
 
 As a result, in order to facilitate the smooth handling of the proceedings while ensuring that 
Parties are given ample opportunities to express their views on all aspects of the case, the Panel has decided to initiate a process for c onsultation with experts in relati on to the technical or scientific 
aspects of the compatibility of the EC's implemen ting measure with the relevant provisions of the 
SPS Agreement.  
  The Panel would like to stress that the decision to proceed with the consultation with experts 
is without prejudice to the positions held by any Part y in this respect and without prejudice to the  
conclusions that the Panel will ultimately reach on th e claims raised by the European Communities.  
 
 Attached for your consideration and comments, if any, are (i) the working procedures the 
Panel proposes to use for consultations with expe rts and (ii) a revised timetable reflecting the 
necessary adjustments resulting from the incorpora tion of an expert consultation process in these 
proceedings.    
 You will note from the attached timetable that in light of this decision, the Panel considers it 
appropriate to grant to all Parties a further exte nsion of the deadline for submitting rebuttals, until 
Wednesday,16 November 2005.  Furthermore, the date  of the second substantive meeting of the Panel 
with the Parties will be  postponed to the week beginning on 13 March 2006.
1  Should a meeting with 
the experts be considered necessary, the Panel would intend to hold that meeting immediately prior to 
the second substantive meeting with the Parties.   
 
                                                      
1 The Panel recalls that a potential date for the second substantive meeting had been set for 
6 December 2005.  However, it was brought to the attenti on of the Panel in the mean time that the preparation 
and holding of the Ministerial Conference would make it quite impossible to hold any panel meeting before January 2006.    WT/DS321/R/Add.1 
 Page A-7 
 
 
   The Panel would appreciate your comments a nd/or suggestions by  close of business on 
Tuesday, 25 October 2005 (i) on the attached proposed  working procedures, (ii) on the technical or 
scientific aspects on which you would like the Panel to  consult experts, (iii) on the adjustments made 
in the revised Panel timetable as well as (iv) on wh ether the meeting with the experts and the parties 
should be open for observation by the public.  
 WT/DS321/R/Add.1 
Page A-8  
 
  ANNEX A-4 
 
LETTER TO THE PARTIES DATED 25 NOVEMBER 2005 
ON THE PANEL DECISION ON CERTAIN ISSUES 
CONCERNING THE EXPERTS' WORKING PROCEDURES 
 
  The Panel thanks the Parties for their comment s on the expert working procedures and related 
issues, complemented by additional letters in  response to points raised in each other's 
communications. 
 
 Having considered the extensive comments from the Parties on the expert consultation 
process, the Panel wishes to inform the Parties of its decision.  The modified working procedures for 
seeking expert advice are attached.  Nature of Advice
 
 
The Panel will take into account the rebuttals  before finalizing the issues for expert 
consultations.    
Selection of experts 
 
 
 With respect to the EC's suggestion that the Panel seek advice from an expert review group 
instead of individual experts, the Panel is not convinced   that this is a preferable option.  Firstly, the 
Panel would wish to hear any dissenting or minority  views among the experts rather than receiving a 
consensus text from an expert review group.  We do not consider that the risk that experts may have 
diverging opinions would generate difficulties as serious as alleged by the EC.  We see rather the risk 
that an expert review group would only agree on a minimum common position, thus depriving the 
Panel of a full picture.  In addition, the  fields of competence proposed by the Parties are quite varied, 
rendering it difficult to find individual experts which ha ve competence in most or all of these fields to 
serve in an expert group.  The fact that no e xpert will have a comprehe nsive knowledge of all the 
relevant subjects makes it even more important fo r the Panel to seek advice from the experts on an 
individual basis on their respective fields of expertise.   It is also worth noting that so far, all WTO 
panels have preferred to consult e xperts on an individual basis.   
  The Panel also wishes to clarify that it w ill initially seek suggestions for experts from the 
Codex Alimentarius Commission, JECFA and the IARC and may also contact these three 
organizations with questions on their working proce dures and/or their work in areas relevant to the 
dispute.  Should the Panel consider it necessary to  consult any other releva nt organization, it will 
provide the Parties with an opportunity to comme nt prior to undertaking such consultations.   
  Having considered the EC's proposals that the Pa rties provide suggestions for experts and that 
the Panel exclude from consideration those wh o have received funding from pharmaceutical 
companies and/or been involved in the regulatory approval of hormones, the Panel has modified the 
expert working procedures to reflect some of the underlying concerns the EC might have.  When 
contacting the experts suggested by internati onal organizations, the Panel will underline the 
importance of disclosing information regarding any potential conflict of interest and elaborate more 
precisely the type of information that needs to be disclosed.  Still, rather than ruling out any expert 
from the start, the Panel wishes to consider each expert's case individuall y, taking into account 
information provided by the experts and the comme nts provided by the Parties on these experts.   
  WT/DS321/R/Add.1 
 Page A-9 
 
 
   Should the Parties submit objections, which the Panel deems compelling, to all or most 
experts suggested, it will then seek additional su ggestions for experts from other international 
organizations and, if deemed necessary, from the Parties.   
Written Procedure
 
 
 The Panel also wishes to confirm that a cove r letter will accompany the questions to experts, 
explaining their role and mandate as well as their oblig ations in terms of potential conflicts of interest 
and confidentiality.   Meeting with Experts
 
 
 The experts will be provided with an opportuni ty to respond to Parties' written comments on 
their replies during the meeting with the experts.  
 Further to affirmative statements from all Par ties, the meeting with the experts will be open 
for observation by the public through closed-circuit television.    
Other matters
 
 
 With respect to the EC's request that the Pane l ask the US and Canada to provide the studies 
underlying the risk assessments of the US, Canada (a nd JECFA), the Panel is not in a position to fully 
assess the necessity for this information at this stage.  This said, the Panel notes that its task is not to 
conduct a comprehensive assessment of the safety of  hormones in meat.  Rather, should the Panel 
consider it necessary for the resolution of the pr esent dispute, it would assess the compatibility of the 
EC's measure with the provisions of the SPS Agreem ent.  Nevertheless, to the extent that this 
information becomes necessary for the Panel to make  its determination in this case, the Panel cannot 
exclude that it may request part or all of the inform ation referred to by the EC.  More generally, the 
Panel expects the Parties' full collaboration in gathering the information necessary for an objective 
assessment of the matter before it.  The Panel also recalls that it is for each party to submit sufficient 
evidence in support of its assertions.    
 Finally, the Panel wishes to remind the Par ties that the main Working Procedures for the 
Panel also apply to the consultation with scientific experts.   WT/DS321/R/Add.1 
Page A-10  
 
  ANNEX A-5 
 
WORKING PROCEDURES FOR CONSULTATIONS 
WITH SCIENTIFIC AND/OR TECHNICAL EXPERTS 
  
NATURE OF ADVICE 
 
1. On the basis of the first written submissions, the oral statements, the replies to Panel's 
questions, and the rebuttals, the Pa nel will determine the areas in which it intends to seek expert 
advice 
SELECTION OF EXPERTS 
 
2. In consultation with the parties, the Pane l will choose experts and seek their advice as 
individual experts.  If it deems necessary, the Pa nel may also seek information and advice from the 
Joint FAO/WHO Codex Alimentarius Commission (C AC), the Joint FAO/WHO Expert Committee 
on Food Additives (JECFA) and/or th e International Agency for Rese arch on Cancer (IARC), or any 
other relevant international organization.    
3. The Panel will solicit suggestions from the se cretariats of CAC, JECFA and IARC for 
possible experts.   
4. The Panel will seek a curriculum vitae , including all relevant publications, from each 
individual suggested.  The candidate experts will also  be asked to provide information about potential 
conflicts of interest and indicati ons on whether they have worked for, been funded by or provided 
advice to the industries concerned, or to domestic or  international regulatory bodies involved in issues 
similar to those addressed in this dispute.  A list of eligible experts, including their curricula vitae  and 
declarations of interest will be provided to the pa rties.  Parties will have sufficient time to examine 
them and will be given the opportunity to comme nt on and to make known any compelling objections 
to any particular expert. 
5. The Parties will receive copies of the Panel's correspondence with the relevant international 
organizations and the experts. 
6. Should the Parties submit objections, which the Panel deems compelling, to all or most 
experts suggested by the CAC, JECFA, and the IA RC, the Panel will seek additional suggestions for 
experts from other international organizations with competence in the matter and, if it deems it 
necessary, from the Parties.   
7. The Parties are requested not to engage in direct contact in connection with this dispute with 
the individuals suggested. 
8. The number of experts that the Panel will select w ill be determined in light of the number and 
types of issues on which advice will be sought, as we ll as by the different areas on which each expert 
can provide expertise.   
9. After having reviewed the comments made by th e Parties, experts will be appointed on the 
basis of their qualifications and the need for sp ecialized scientific or technical expertise.  
10. The Panel will inform the Parti es of the experts it has selected.  WT/DS321/R/Add.1 
 Page A-11 
 
 
  11. The selected experts shall act in their indi vidual capacities and not as representatives of any 
entity.  They shall be subject to the Rules of Conduct for the Unders tanding on Rules and Procedures 
Governing the Settlement of Disputes  (WT/DSB/RC1), including the self-disclosure requirement set 
out in Section VI of the rules of conduct.  
WRITTEN PROCEDURE 
 12. The Panel will prepare specific written questions  for the experts.  Parties will have the 
opportunity to comment on the proposed questions, or suggest additional ones, before the Panel 
decides on the final questions to be sent to the experts.  
13. The experts will be provided with the Parties' and third parties' written and oral submissions 
as well as their replies to the Panel's questi ons (including exhibits) on a confidential basis.1  They will 
also be provided with the Pane l and Appellate Body Reports on European Communities – Measures 
Concerning Meat and Meat Products  (EC – Hormones  – WT/DS26 and WT/DS48 ).  
14. The experts will be requested to provide responses in writing within a time-period specified 
by the Panel.  Copies of these written responses will be  provided to the Parties.  The Parties will have 
sufficient opportunities to comment in writing on the responses from the experts .   
15. The Panel will ensure that:  (i) the Parties' comments on the experts' responses are provided to 
the experts;  (ii) the experts are individually provi ded with the other experts' responses to the Panel's 
questions. 
16. Without prejudice to Paragraph 13 of the Panel Working Procedures on submission of 
evidence, and in order to facilitate the expert cons ultations, the Parties are requested to provide any 
scientific evidence which they believe would be u seful for the experts by Monday, 21 December 
2005. 
MEETING WITH EXPERTS 
 
17. The Panel intends to schedule a meeting with  the experts prior to the second substantive 
meeting.  A date for the  meeting will be agreed in  consultation with the Parties. During the meeting, 
the experts will be invited to present their replies to written and oral questions, complement these as 
necessary, respond to comments from the Parties on their written replies, and respond to additional 
questions from the Panel and the Parties.  The Par ties will be given an opportunity to ask questions 
they consider necessary in order to clarify the technical/scientific issues at stake.  
18. In consultation with the Parties, the Panel w ill schedule additional meetings with the experts 
if it deems it appropriate.  
19. The Parties are free to include scientific experts in their delegations .  
20. The Secretariat will prepare a summary of expert s' written replies to the Panel's questions, as 
well as a transcript of the meeting with the expert s, for attachment as a supplement to the Panel's 
report.  The experts and the Parties will be given sufficient time to comment on the drafts of these 
texts before they are finalized. 
                                                      
1 This is without prejudice to the right of parties to make public any of their submissions or statements 
before the Panel. WT/DS321/R/Add.1 
Page A-12  
 
  21. The meeting with the experts will be open to ob servation by the public in the same manner as 
the other substantive meetings of the Panel.  
 
__________