WORLD TRADE  
ORGANIZATION  WT/DS401/5 
15 March 2011 
 
 (11-1301) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION  
AND MARKETING OF SEAL PRODUCTS 
 
Request for the Establishment of a Panel by Norway
 
 
 
 The following communication, dated 14 March 2011, from the delegation of Norway to the Chairperson of the Dispute Settlement Body, is ci rculated pursuant to Article 6.2 of the DSU. 
 
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 On 5 November 2009, Norway requested cons ultations with the European Union ("EU")
1 
concerning certain measures affecting trade in  seal products, comprising the "EU seal regime".2  On 
15 December 2009, Norway and the EU held  consultations on the EU seal regime.   
 On 10 August 2010, the EU adopted implementing rules as part of the EU seal regime.  
Following this, on 19 October 2010, Norway pr esented a further request for consultations.3  O n  
1 December 2010, Norway and the EU held fu rther consultations on the EU seal regime. 
 Unfortunately, the two rounds of consulta tions have failed to settle the dispute. 
 Norway therefore requests the Dispute Settlement  Body to establish a panel to examine this 
matter with standard terms of referenc e, as set out in Article 7.1 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  ("DSU"), pursuant to Articles 4.7 and 6 of the DSU, 
Article XXIII of the General Agreement on Tariffs and Trade 1994  ("GATT 1994"), Article 19 of the 
Agreement on Agriculture  and Article 14 of the Agreement on Technical Barriers to Trade  ("TBT 
Agreement ").   
The measures at issue, which Norway collectively re fers to as the "EU seal regime", are the following:  
− Regulation  (EC) No. 1007/2009 of the European Parliament and of the Council on 
trade in seal products,  adopted on 16 September 2009 (the "Basic Regulation");4  
 
− Commission Regulation (EU) No. 737/2010, laying down detailed rules for the 
implementation of the Basic Regulati on, adopted on 10 August 2010 (the 
"Implementing Regulation");5  
                                                      
1 Following the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has 
succeeded the European Communities ("EC"), including as a Me mber of the WTO.  In this request, for the sake 
of simplicity, Norway uses the phrase "European Union" or "EU" to refer both to the European Communities and the European Union, before an d after, respectively, the entry in to force of the Treaty of Lisbon. 
2 Document WT/DS401/1, G/L/912, G/TBT/D/37, G/AG/GEN/88. 
3 Document WT/DS401/1/Add.1, G/L/912/Add .1, G/TBT/D/37/Add.1, G/AG/GEN/88/Add.1. 
4 Official Journal of the European Union, L 286/36, published 31.10.2009. 
5 Official Journal of the European Union, L 216/1, published 17.08.2010. WT/DS401/5 
Page 2  
 
  − Omissions to adopt adequate proce dures for establishing that seal products 
conforming to the relevant c onditions, set forth in exceptions in the EU seal regime, 
may be placed on the EU market; and 
 
− Any other related measures adopted by the EU or its member States that provide 
guidance on, amend, supplement, replace, and/or implement the rules set forth in the 
Basic Regulation and Implementing Regulation, whether adopted pursuant to these 
regulations or otherwise. 
 The EU seal regime imposes a general prohibition on the importation and sale of processed 
and unprocessed seal products in the EU, thereby de priving Norway of access to a significant market 
for its exports of these products.  The EU seal regi me contains certain exceptions that set forth 
conditions under which seal products  may be placed on the EU mark et.  However, these exceptions 
appear to discriminate in favour of seal products origin ating in the EU and in certain third countries.   
  The EU seal regime also includes elements of a system for certifying that seal products are in conformity with the relevant conditions for being placed on the EU market under the exceptions.  
However, the EU does not appear to have established adequate procedures for the assessment of 
conformity of imported seal  products with the releva nt conditions for being placed on the EU market.   
  As a result, the EU seal regime appears to be  inconsistent with the EU’s obligations under the 
Agreement on Agriculture , the TBT Agreement  and the GATT 1994.  In particular: 
(i) Through the general prohibition and the ex ceptions set out therein, the EU seal 
regime appears to discriminate among like pr oducts originating in different countries, 
in violation of Article I:1 of the GATT 1994 and Article 2.1 of the TBT Agreement ; 
(ii) Through the general prohibition and the ex ceptions set out therein, the EU seal 
regime appears to discriminate betw een imported products and like products 
originating in the EU, in violation of Ar ticle III:4 of the GATT 1994 and Article 2.1 
of the TBT Agreement ; 
(iii) By restricting the importation of seal products, the EU seal regime appears to violate 
Article XI:1 of the GATT 1994 and Article 4.2 of the Agreement on Agriculture ;   
(iv) By restricting the importation of seal produc ts without that being necessary to achieve 
a legitimate objective, and by failing to adopt  adequate administrative provisions, the 
EU seal regime appears to create unnecessary obstacles to international trade and, 
thus, violate Article 2.2 of the TBT Agreement  ; 
(v) By failing to prepare, adopt and apply c onformity assessment procedures in a way 
that grants non-discriminatory access to s uppliers from WTO Members, and that does 
not create unnecessary obstacles to international trade, the EU appears to violate both subparagraphs of Article 5.1 of the TBT Agreement ; 
(vi) By failing to ensure compliance with the pr ocedural guarantees set forth in Article 5.2 
of the TBT Agreement , the EU appears to violate that provision, including all of its 
subparagraphs; 
(vii) By failing to base conformity assessment procedures on relevant guides or 
recommendations completed, or imminently  to be completed, by international 
standardizing bodies, the EU appears to be violating Article 5.4 of the TBT 
Agreement ;  WT/DS401/5 
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  (viii) By failing to follow the procedural steps set out in the subparagraphs of Article 5.6 of 
the TBT Agreement , and in particular by failing properly to notify the procedures for 
assessment of conformity with the requirements of the EU seal regime, the EU has acted inconsistently with this provision;  
(ix) By failing to publish prom ptly all conformity assessment procedures to enable 
interested parties to become acquainted with  them, the EU appears to violate Article 
5.8 of the TBT Agreement ; 
(x) By imposing unduly burdensome requirements for the recognition of conformity 
assessment bodies, irrespective of whether these offer an equivalent assurance of 
conformity, and by failing to ensure that its conformity assessment procedures permit 
acceptance of the results of conformity assessment procedures carried out in other 
Members, the EU appears to violate Articles 6.1 and 6.2 of the TBT Agreement ; 
(xi) By failing to ensure that local government conformity assessment bodies within the 
EU comply with the requirements laid out in Articles 5 and 6 of the TBT Agreement , 
by encouraging these bodies not to comply with such requirements, and by failing to 
implement positive measures to ensure comp liance with such requirements, the EU 
appears to violate Articles 7.1, 7.4 and 7.5 of the TBT Agreement ;  
(xii) By failing to take reasonable measures to ensure that non-governmental conformity 
assessment bodies within the EU comply with  the requirements laid out in Articles 5 
and 6 of the TBT Agreement , by encouraging these bodies not to comply with such 
requirements, and by relying nonetheless on the results of conformity assessment 
procedures operated by these bodies, the EU a ppears to violate Articles 8.1 and 8.2 of 
the TBT Agreement ;  
(xiii) By failing to take reasonable measures to en sure that regional systems for conformity 
assessment comply with the requirements laid out in Articles 5 and 6 of the TBT 
Agreement , by encouraging these systems not to comply with such requirements, and 
by relying nonetheless on these systems, the EU appears to violate Articles 9.2 and 
9.3 of the TBT Agreement . 
 These violations appear to nullify or impair bene fits accruing to Norway directly or indirectly 
under the covered agreements within the mean ing of Article XXIII:1(a) of the GATT 1994. 
  Moreover, the EU seal regime appears to nullif y or impair benefits accruing to Norway under 
the covered agreements, within the meaning of Ar ticle XXIII:1(b) of the GATT 1994, in particular, 
benefits accruing to Norway pursuant to tariff co ncessions granted with respect to the various seal 
products that can no longer be imported into the EU.   Norway requests that this matter be put on the agenda of the next DSB meeting, scheduled to 
be held on 25 March 2011. 
   
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