EUROPEAN COMMUNITIES – CERTAIN MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for Consultations by Canada
Date: 1 October 2007
Document codes: WT/DS369/1; G/L/827; G/TBT/D/31
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 Consultations by Canada

 The following communication, dated 25 Septem ber 2007, from the delega tion of Canada to
the delegation of the European Communities and to the 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 of the Agreement on Technical Barriers to Trade (TBT Agreement), the
Government of Canada hereby requests consu ltations with the European Communities (EC)
concerning certain measures taken by Belgium an d the Netherlands regarding the importation,
transportation, manufacturing, marketing, and sale of seal products. These measures include:

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

 – 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,

 – 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").

 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.

 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, V:2, V:3, V:4 and XI:1 of GATT 1994.

 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.