WORLD TRADE  
ORGANIZATION  WT/DS292/40 
G/L/628/Add.1 
G/SPS/GEN/398/Add.1 G/AG/GEN/61/Add.1 G/TBT/D/29/Add.1 
17 July 2009  
 
(09-3528) 
 Original:   English 
   
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL 
AND MARKETING OF BIOTECH PRODUCTS 
 
Notification of a Mutually Agreed Solution
 
   The following communication, dated 15 July 2009, from the delegation of Canada and the 
delegation of the European Communities to the Chairman of the Dispute Settlement Body, is 
circulated pursuant to Article 3.6 of the DSU.  
_______________ 
 
 
 Please find attached a Mutually Agreed Solutio n reached on 15 July 2009, between Canada 
and the European Communities in  the above referenced case. 
 WT/DS292/40, G/L/628/Add.1,  
G/SPS/GEN/398/Add.1, G/AG/GEN/61/Add.1,  G/TBT/D/29/Add.1 
Page 2 
  
  Mutually Agreed Solution 
between Canada and the European Communities in  
European Communities – Measures Affecting the Approval 
and Marketing of Biotech Products (WT/DS292) 
 
  Canada and the European Communities (EC) have agreed on the final settlement of the 
dispute  European Communities – Measures Affecti ng the Approval and Marketing of Biotech 
Products  (WT/DS292).  Canada and the EC hereby agr ee to end this WTO dispute by reaching a 
mutually agreed solution within the meaning of Article 3.6 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  (DSU).  Canada and the EC will jointly notify this 
mutually agreed solution to the Chairpersons of the WTO Dispute Settlement Body and the relevant 
WTO Councils and Committees. 
 
 This mutually agreed solution is without prej udice to the respective substantive positions of 
Canada and the EC on the implementation of the DS B recommendations and rulings in WT/DS292.   
 
 Otherwise than as provided herein, this mutually agreed solution is without prejudice to the 
rights and obligations of Canada a nd the EC under the WTO agreements.  
 
Dialogue on Biotech Market Access Issues
 
 
 In view of the constructive discussions held so  far on issues related to biotechnology, Canada 
and the EC hereby establish a bilateral dialogue on agricultural biotech market access issues of mutual 
interest. 
  Meetings will be held bi-annually, generally  in person, alternating between Brussels and 
Ottawa.  However, both sides may agree in advanc e to hold a meeting by video conference or any 
other means, or to hold a meeting on the margins of another bilateral initiative, for example the 
European Commission-Canada Agricultural Dialogue  or the Trade and Investment Sub-Committee 
(TISC).  The outcome of discussions held in the framework of the Biotech Market Access Dialogue 
will be reported to the bi-annual meetings of the TISC.   Both sides will ensure the participation in the meetings of the competent services of their 
respective administrations, depending on the sp ecific subject matter discussed.  Those include: 
 
Canada
:  
 Agriculture and Agri-Food Canada Canadian Food Inspection Agency Foreign Affairs and International Trade Canada 
 
European Communities (European Commission)
:  
 Directorate General for Agriculture and Rural Development Directorate General for Health and Consumers 
Directorate General for Trade 
Directorate General for the Environment   Additional representation will be permitted as necessary, based on ability to appropriately 
address agenda topics.  WT/DS292/40, G/L/628/Add.1,  
 G/SPS/GEN/398/Add.1, G/AG/GEN/61/Add.1,   G/TBT/D/29/Add.1 
 Page 3 
  
   
 The dialogue will cover any relevant issues of in terest to Canada or the EC, including, among 
others: 
 
• GM product approvals in the territory of  Canada or the EC as well as, where 
appropriate, forthcoming applications of  commercial interest to either side. 
 
• The commercial and economic outlook for futu re approvals of genetically modified 
products. 
 
• Any trade impact related to asynchronous a pprovals of genetically modified products 
or the accidental release of unauthorised products, and any appropriate measures in this respect. 
 
• Any biotech-related measures that may affect trade between Canada and the EC, 
including measures of EC Member States. 
 
• Any new legislation in the field of agriculture biotechnology. 
 
• Best practices in the implementati on of legislation on biotechnology 
   Done in Geneva, 15 July 2009, in three (3) original authentic English versions. 
 
   For European Communities:  For the Government of Canada:  
 (signed) (signed) 
  H.E. Mr. Eckart Guth H.E. Mr. John Gero  Ambassador Ambassador  Permanent Representative Permanent Representative  of the European Commission to  the World Trade Organization 
 
__________