EUROPEAN COMMUNITIES – CERTAIN MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for the Establishment of a Panel by Canada
Date: 14 February 2011
Document codes: WT/DS369/2
Complainant: Canada
Respondent: EU
Third parties: Argentina, China, Colombia, Ecuador, Japan, Mexico, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I:1, III:4, XI:1, XXIII:1(b), V:2, V:3(a), V:4  GATT 1994Art. 2.1, 2.2  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – CERTAIN MEASURES PROHIBITING
THE IMPORTATION AND MARKETING OF SEAL PRODUCTS

Request for the Establishment of a Panel by Canada

 The following communication, dated 11 February 2011, from the delegation of Canada to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

 On 25 September 2007, the Government of Cana da ("Canada") requested consultations with
the delegation of the European Communities, pursuant to Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), 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 "), concerning certain measures take n by Belgium and the Netherlands
regarding the importation, trans portation, manufacturing, marketi ng, and sale of seal products.
Consultations with the European Communities were held on 14 November 2007 with a view to
reaching a satisfactory resolution of the matter. Un fortunately, the consultati ons failed to settle the
dispute.

 Canada therefore requests the Dispute Settlement Body to establish a panel to examine this
matter with standard terms of refe rence, as set out in Article 7.1 of the DSU, pursuant to Articles 4.7
and 6 of the DSU, Article XXIII of the GATT 1994 and Article 14 of the TBT Agreement.

 The measures covered in this panel request are the following:

(i) la Loi relative à l'interdiction de fabriqu er et de commercialiser des produits dérivés
de phoques, F. 2007 – 1590 [C − 2007/11138], 16 March 2007, (the "Belgian trade
ban");

(ii) 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,

(iii) 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").

 For each of the measures referred to above, this request also covers any amendments,
replacements, extensions, implementing measures or other related measures.

 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.

 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.

 Canada considers that these measures are incons istent with the European Union's obligations
under the GATT 1994 and under the TBT Agreement. Specifically, the Belgian and Dutch measures
violate the following provisions:

(1) Article I:1 of GATT 1994 because Canadian seal products are not accorded
immediately and unconditionally any advant age, favour, privilege or immunity
granted to like products originating in any other country.
(2) Article III:4 of GATT 1994 because the measures result in less favourable treatment
of seal products from Canada than like products originating in the European Union.
(3) Article XI:1 of GATT 1994 because the measures result in a prohibition or restriction
on the importation of seal products from Canada into Belgium and the Netherlands.
(4) Article 2.1 of the TBT Agreement because the measures result in less favourable
treatment accorded to seal products from Ca nada than to like products of European
Union origin, and like products originating in any other country.
(5) Article 2.2 of the TBT Agreement because the measures create an unnecessary
obstacle to international trade, lack a legitimate objective and are more trade-
restrictive than necessary to fulfil a legitim ate objective if any such objective were to
exist.
 Canada also considers that the Belgian tr ade ban violates the following provisions of the
GATT 1994:

(1) Article V:2 because the trade ban restricts freedom of transit through Belgium for seal
products of Canadian origin.
(2) Article V:3 because the trade ban results in seal products of Canadian origin in transit
being subject to unnecessary delays or restrictions.
(3) Article V:4 because the trade ban constitut es an unreasonable regulation on transit of
Canadian seal products in Belgium.
 The violations stated above nullify or impa ir the benefits accruing to Canada under those
agreements. Moreover, the measur es also nullify or impair the bene fits accruing to Canada in the
sense of Article XXIII:1(b) of the GATT 1994.

 Canada requests that this matter be put on the agenda of the next DSB meeting, scheduled to
be held on 24 February 2011.