EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request by Chile for the Establishment of a Panel
Date: 27 September 1995
Document codes: WT/DS14/6
Complainant: Chile
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2, 12  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994Art. 2.1, 2.2  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request by Chile for the Establishment of a Panel
The following communication, dated 25 September 1995, from the Permanent Mission of Chile
to the Chairman of the Dispute Settlement Body is circulated at the request of that delegation.
In accordance with my communication dated 14 September, I hereby inform you that on
23 September the60-day consultationperiodprovidedforintheUnderstandingonRulesand Procedures
Governing the Settlement of Disputes expired.
Unfortunately, despite our efforts, these consultations did not lead to a mutually satisfactory
resolution of the issue arising out of the trade description of Chilean scallops on the French market.
Consequently, Chile wishes to confirm that on 27 September it will request the establishment
of a panel to study the matter in the terms set forth in the note attached to my communication of
14 September 1995.1
1Annex to document , also annexed to this communication.

ANNEX
I have the honour to refer to the trade description of molluscs of the genus Pectinidae.
On 24 July 1995, the Government of Chile requested the European Union to hold consultations
concerning the French Government Order (NOR MERP9300051 A) of 22 March 1993 and amendments
theretorelating tothe official names and permitted trade descriptionsof molluscsof the genus Pectinidae
(scallops). In accordance with Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), that request was circulated to Members of the on 31 July 1995 ().
The Government of Chile requested consultations in order to find a solution to the trade
description problem caused by the above-mentioned Order, which imposes the use of the trade description
"pétoncle" for the pectinid mollusc of Chilean origin as from 1 January 1996. This term entails a
trade injury as on the French market it is associated with a product of lower quality and price compared
with the traditional description of "Coquilles St. Jacques" or "Noix de St. Jacques" under which the
Chilean product was sold in that market.
Chile and the European Union held consultations in Geneva on 10 August 1995 with a view
to reaching a satisfactory resolution of the matter. Previously, Chile had associated itself with the
consultations held by Canada with the European Union on 19 June 1995 on this same matter.
Unfortunately, the consultations failed to settle the dispute and further consultations are not
likely to be productive. In accordance with Article XXIII of GATT 1994, Article 14 of the Agreement
on Technical Barriers to Trade and Articles 4 and 6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Chile hereby requests that a panel be established at the
next meeting of the Dispute Settlement Body scheduled for 27 September 1995.
Chile requests that the panel consider and find that the Order and the subsequent amendments
thereto are:
(a) inconsistent with Articles 2 and 12 of the Agreement on Technical Barriers to Trade;
(b) inconsistent with Article III of GATT 1994;
(c) inconsistent with Article I of GATT 1994; and
(d) nullifying and impairing benefits accruing to Chile pursuant to the WTO.
Chile requests that the panel be established with the standard terms of reference as set out in
Article 7 of the DSU. Chile further requests that this request for the establishment of a panel be included
in the agenda of the meeting of the Dispute Settlement Body scheduled for 27 September 1995.