EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for Consultations by Canada
Date: 4 November 2009
Document codes: WT/DS400/1; G/L/909; G/TBT/D/36; G/AG/GEN/87
Complainant: Canada
Respondent: EU
Third parties: Argentina, China, Colombia, Ecuador, Iceland, Japan, Mexico, Norway, Russia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XXIII:1(b)  GATT 1994Art. 2.1, 2.2, 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.2.3, 5.6, 7.1  Technical Barriers to Trade (TBT)

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

Request for Consultations by Canada

 The following communication, dated 2 November 2009, from the delegation of Canada to the
delegation of the European Communities and to th e Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.

 Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes , Article XXII of the General Agreement on Tariffs and Trade, 1994
(GATT 1994) and Article 14.1 of the Agreement on Technical Barriers to Trade (TBT Agreement),
the Government of Canada hereby requests cons ultations with the European Communities (EC)
concerning certain EC measures regarding the im portation and marketing of seal products. These
measures include:

• Regulation (EC) No. 1007/2009 of the Europ ean Parliament and of the Council of 16
September 2009 on trade in seal prod ucts, and subsequent amendments,
replacements, extensions, implementing measures or other related measures ("the
Regulation").

 The Regulation prohibits the importation and the placing on the market in the customs
territory of the EC of all seal products. "Seal" is defined in the Regulation to include all species of
pinnipeds (Phocidae, Otariidae and Odobenidae). "Seal product" is defined in the Regulation as "all
products, either processed or unprocessed, deriving or obtained from seals, including meat, oil,
blubber, organs, raw fur skins and fur skins, ta nned or dressed, including fur skins assembled in
plates, crosses and similar forms, and articles made from fur skins". The Regulation does provide for
the importation and placing on the market of seal products where they result from traditional hunts
conducted by Inuit and other indigenous communi ties and where the products contribute to their
subsistence.

 These measures appear to be inconsistent w ith the EC's obligations under GATT 1994 and the
TBT Agreement. The provisions of these Agreem ents with which the measures appear to be
inconsistent include:

(i) Articles 2.1 and 2.2 of the TBT Agreement
(ii) Articles I:1, III:4 and XI:1 of GATT 1994
WT/DS400/1, G/L/909,
G/TBT/D/36, G/AG/GEN/87

(iii) Article 4.2 of the Agriculture Agreement.

 These violations appear to nullify or impair the benefits accruing to Canada under those
Agreements. Moreover, these measures appear to nullify or impair the benefits accruing to Canada in
the sense of Article XXIII:1(b) of GATT 1994.

 Canada reserves the right to raise additional claims and legal matters regarding the measures
at issue during the course of consultations.

 Canada looks forward to receiving the reply of the EC to this request and welcomes any
suggestions that it might wish to make concerni ng the date on which these c onsultations could take
place, and the location of the consultations.