KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Document: Request for the Establishment of a Panel by Canada
Date: 10 July 2009
Document codes: WT/DS391/3
Complainant: Canada
Respondent: South Korea
Third parties: Argentina, Brazil, India, China, EU, Japan, Taiwan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Annex C, Art. 2.2, 2.3, 3.1, 3.3, 5.1, 5.5, 5.6, 8  Sanitary and Phytosanitary Measures (SPS)Art. I:1, III:4, XI:1  GATT 1994

KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT
AND MEAT PRODUCTS FROM CANADA

Request for the Establishment of a Panel by Canada

 The following communication, dated 9 July 2009, from the delegation of Canada to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

 On 9 April 2009, the Government of Canada requested consultations with the Republic of
Korea ("Korea") concerning measures affecting th e importation of bovine meat and meat products
from Canada, pursuant to Articles 1 and 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 11 of the Agreement on the Application of Sanitary and
Phytosanitary Measures ("SPS Agreement").

 On 7 May 2009, consultations were held in Geneva, with a view to reaching a satisfactory
resolution of the matter. Unfortunately, the consultations failed to settle the dispute.

 Canada therefore requests the DSB to establish a panel to examine this matter with standard
terms of reference, as set out in Article 7.1 of the DSU, pursuant to Articles 4 and 6 of the DSU,
Article XXII of the GATT 1994 and Article 11 of the SPS Agreement.

 Korea maintains a ban on the importation of bovine meat and meat products from Canada
allegedly to protect against risks arising from bovine spongiform encephalopathy (BSE).

 In addition, Korea has adopted measures that place unjustified restrictions on the resumption
of imports of bovine meat and meat products from Canada. For instance:

 (i) Korea prohibits the importation of all b eef and beef products derived from cattle 30
months of age and over that originate from countries where there has been a case of
BSE in the last five years;

 (ii) Korea makes the import health require ments necessary for the lifting of the ban on
bovine meat and meat products from Canada subject to the deliberation of its
National Assembly;

 (iii) In the event that the ban on bovine meat and meat products from Canada were lifted,
Korea may re-impose a ban on imports of all bovine meat and meat products from
Canada indefinitely were an additional case of BSE to occur in Canada.

 Moreover, Korea's measures discriminate between Canada and other WTO Members.

 The measures covered in this panel request are the following:

 – Act on the Prevention of Contagious Animal Diseases (Law No. 907), which entered
into force on 30 December 1961, as amended, including by Korean Act No. 9130,
which entered into force on 11 September 2008;

 – Enforcement Regulations of the Act on the Prevention of Livestock Epidemics , as
amended, including by Decree No. 68 of the Minister of Food, Agriculture, Forestry
and Fisheries, dated 30 April 2009;

 – Notice No. 1998-76 of the Minister of Agriculture and Forestry ( Animal Health
Requirements for the importation of C anadian cloven-hoofed animals and their
products into the Republic of Korea), dated 7 December 1998;

 – Administrative Order No. 51584-476, dated 21 May 2003;

 – Notice No. 2004-23 of the Minister of Agriculture ( Prohibited Countries as
Exporters of Designated Inspectable Articles ), dated 3 May 2004, as amended,
including by Notice No. 2009-5 of the Minister of Food, Agriculture, Forestry and
Fisheries ( Partial Amendment of the Clauses Applicable to the Prohibited DIA
Exporting Countries), dated 17 February 2009;

 – Notice 2008-74 of the Minister of Food, Agriculture, Forestry and Fisheries ( Method
of Import Risk Analysis Concerning Import of Designated Inspectable Articles ), dated
20 August 2008;

 – Notice No. 2008-15 of the Minister of Food, Agriculture, Forestry and Fisheries
(Import Health Requirements for U.S. Beef and Beef Products ), dated 26 June 2008;
and

 – Any amendments or extensions to th e above, or implementing measures on which
Korea may rely on in imposing a prohibition on the importation of bovine meat and
meat products from Canada or in placing fu rther restrictions on the resumption of
imports of bovine meat and meat products from Canada.

 Each of these measures is inconsistent with the obligations of Korea under the
SPS Agreement. In particular, Canada considers that each of these measures is inconsistent with the
following provisions:

1. Article 2.2 of the SPS Agreement because they are not applied only to the extent
necessary to protect human or animal life or health, they are not based on scientific
principles and they are maintained without sufficient scientific evidence.

2. Article 2.3 of the SPS Agreement because they arbitrarily or unjustifiably
discriminate between Members where identical or similar conditions prevail and they
are applied in a manner that constitutes a disguised restriction on international trade.

3. Article 3.1 of the SPS Agreement because they are not based on international
standards, guidelines or recommendations.

4. Article 3.3 of the SPS Agreement because they result in a higher level of sanitary
protection than would be achieved by meas ures based on the relevant international

standards, guidelines or recommendations, in the absence of a scientific justification
or of a determination by Korea of its a ppropriate level of sanitary protection in
accordance with the relevant provisions of paragraphs 1 through 8 of Article 5.

5. Article 5.1 of the SPS Agreement because they are not b ased on an assessment, as
appropriate to the circumstances, of the risks to human or animal life or health, taking
into account risk assessment techniques developed by relevant international
organizations.

6. Article 5.5 of the SPS Agreement because Korea maintains arbitrary or unjustifiable
distinctions in the levels of sanitary pr otection that it considers appropriate in
different situations and those distinctions result in discrimination or a disguised
restriction on international trade.

7. Article 5.6 of the SPS Agreement because they are more trade-restrictive than
required to achieve Korea's appropriate level of sanitary protection.

8. Article 8 and Annex C(1)(a), first clause, because they cannot be undertaken and
completed without undue delay.

9. Were Korea to invoke Article 5.7 of the SPS Agreement in justification of its
measures, they do not meet the requirement s necessary to allow for their provisional
adoption and/or maintenance under that Article.

 Canada also considers that each of these measures is inconsistent with the following
provisions of the GATT 1994:

1. Article I:1 of the GATT 1994 because Korea does not accord the same treatment it
grants to bovine meat and meat products or iginating in certain countries to the like
products originating in Canada.

2. Article III:4 of the GATT 1994 because they result in less favourable treatment for
imported bovine meat and meat product th an for domestic bovine meat and meat
products.

3. Article XI:1 of the GATT 1994 because they constitute prohibitions or restrictions on
importation.

 Canada asks that this request be placed on the agenda of the next meeting of the DSB,
scheduled to be held on 20 July 2009.