EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL AND MARKETING OF BIOTECH PRODUCTS
Document: Notification of a Mutually Agreed Solution
Date: 17 July 2009
Document codes: 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
Complainant: Canada
Respondent: EU
Third parties: Argentina, Australia, Brazil, Chile, China, Taiwan, Colombia, El Salvador, Honduras, Mexico, New Zealand, Norway, Paraguay, Peru, Thailand, Uruguay, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2.2, 2.3, 5.1, 5.2, 5.5, 5.6, 7, 8, Annex B, Annex C  Sanitary and Phytosanitary Measures (SPS)Art. 2.1, 2.2, 2.8, 2.9, 2.11, 2.12, 5.1, 5.2, 5.6, 5.8  Technical Barriers to Trade (TBT)Art. I:1, III:4, X:1, XI:1  GATT 1994Art. 4.2  Agriculture

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.

Mutually Agreed Solution
between Canada and the European Communities in
 (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 DSB 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 and 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 specific 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,

 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 implementation 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