KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Document: Request for Consultations by Canada
Date: 15 April 2009
Document codes: WT/DS391/1; G/L/883; G/SPS/GEN/918
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 Consultations by Canada

 The following communication, dated 9 April 2009, from the delegation of Canada to the
delegation of Korea and to the Chairman of the Di spute Settlement Body, is circulated in accordance
with Article 4.4 of the DSU.

 The Government of Canada he reby requests consultations with the Republic of Korea (Korea)
pursuant to Articles 1 and 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 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS Agreement), concerning measures affecting the impor tation of bovine meat and meat products
from Canada.

The measures at issue include, but are not limited to, the following:

– Administrative Order No. 51584-476, which entered into force on 21 May 2003;

– Korean Act No. 9130 amending the Act on the Prevention of Contagious Animal Diseases
(also known as the Livestock Epidemic Prevention Act ), which entered into force on
11 September 2008.

For each of the measures referred to above, this request also covers any amendments,
replacements, extensions, implementing measures or other related measures.

These measures adversely affect the importati on of bovine meat and meat products from
Canada. Administrative Order No. 51584-476 prohibits the importation into Korea of bovine meat
and meat products from Canada a llegedly to protect against risks arising from bovine spongiform
encephalopathy (BSE). Korean Act No. 9130 amending the Act on the Prevention of Contagious
Animal Diseases sets out a number of new stringent cond itions for lifting the import ban, including
subjecting any import health requirements for the importation of Canadian bovine meat and meat
products to the approval of the Korean National Assembly.

Canada is of the view that these measures are inconsistent with the obligations of Korea under
the SPS Agreement and the GATT 1994 . The provisions of these Agreements with which the
measures appear to be inconsistent include the following:

• Articles 2.2, 2.3, 3.1, 3.3, 5.1, 5.5, 5.6, 5.7, 6.1, 8 and Annex C of the SPS Agreement;
and

• Articles I:1, III:4 and XI:1 of the 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 Korea 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.