dean22029/WTO_Docs huggingface dataset:
KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Document: Original: English KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS Request to Join Consultations under Article 4.11 of the DSU Communication by Canada
Date: 24 May 1995
Document codes: WT/DS5/2
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE
SHELF-LIFE OF PRODUCTS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Canada
The following communication, dated 15 May 1995, from the Permanent Mission of Canada
to the Office of the United States Trade Representative and the Permanent Mission of the Republic
of Korea, is circulated at the request of the Permanent Mission of Canada.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the Office of the United States Trade Representative in Geneva
by letter dated 3 May 1995 (; 5 May 1995) regarding the measures of the Republic of Korea
concerning the shelf-life of products.
KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Document: Acceptance of the Request to Join Consultations under Article 4.11 of the DSU Communication by Canada
Date: 9 June 1995
Document codes: WT/DS5/3
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE
SHELF-LIFE OF PRODUCTS
Acceptance of the Request to Join Consultations
under Article 4.11 of the DSU
Communication by Canada
The following communication dated 1 June 1995 from the Permanent Mission of Canada to
the Office of the United States Trade representative in Geneva and the Permanent Mission of the Republic
of Korea is circulated at the request of Canada.
Further to our request of 15 May to join the consultations in the dispute regarding the measures
of the Republic of Korea concerning the shelf-life of products, we are pleased to inform you that both
the Republic of Korea and the United States of America have indicated that they have no objection
to our participating in the said consultations.
KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Document: Request to Join Consultations under Article 4.11 of the DSU Communication by Japan
Date: 9 June 1995
Document codes: WT/DS5/4
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE
SHELF-LIFE OF PRODUCTS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Japan
The following communication dated 1 June 1995 from the Permanent Mission of Japan to the
Permanent Mission of the Republic of Korea and the Office of the United States Trade Representative
in Geneva, is circulated at the request of the Permanent Mission of Japan.
Upon instructions from my Government, I would like to notify to the Dispute Settlement Body
that the Government of Japan, pursuant to paragraph 11 of Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes, desires to be joined in the consultations under
Article XXII:1 of GATT 1994 requested by the Government of the United States by a communication
circulated to WTO Members on 2 May 1995 regarding measures concerning the shelf-life of products
KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Document: Notification of Mutually Agreed Solution Communication from the Republic of Korea Addendum
Date: 22 April 1996
Document codes: WT/DS5/5/Add.2; G/SPS/W/27/Add.2; G/TBT/D/3/Add.2; G/AG/W/8/Add.2
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Notification of Mutually Agreed Solution
Communication from the Republic of Korea
Addendum
The following communication titled "Notification of the Corresponding Harmonized System
Headings of the Products which Remain subject to Shelf-Life Requirements in the Korean Food Code
as of October 1, 1995", dated 26 January 1996, from the Permanent Mission of the Republic of Korea
is circulated at the request of that delegation.
WTO Dispute Settlement Body and other Committees concerned on July 20, 1995, the Government
of the Republic of Korea notifies the WTO Secretariat of the corresponding Harmonized System (HS)
headings of all of the products which remain subject to shelf-life requirements in the Korean Food
Code as of October 1, 1995. The list of those products is attached hereto1.
2. Some products included in the attached list are described in the same HS headings as those
of certain products included in the list of products notified to the WTO Secretariat on October 12,
1995, for which shelf-life requirements in the Korean Food Code were removed as of October 1, 1995.
This is due to the fact that the HS codification is different from the classification method employed
in the Korean Food Code in its basic purpose, nature, scope and coverage. Therefore, the Korean
government wishes to make it clear that this notification doesnot affect the statusof the products notified
to the WTO Secretariat on October 12.
3. In accordance with the terms of the agreement noted in Paragraph 1, the Korean government
will, no later than March 31, 1996, eliminate all shelf-life requirements for every product included
in the following categories on the attached list and remove such requirements from the Korean Food
Code:
Butters (Category 4-10);
Natural Cheeses (Category 4-11);
Processed Cheeses (Category 4-12);
Infant Foods (Category 12-1); and
Infant Formula (Category 12-3).
1Notreproducedwiththisdocument. Availableforconsultationinthe LegalAffairs Division(Office
No. 2140).
KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Document: Notification of Mutually Agreed Solution Communication from the Republic of Korea Addendum
Date: 22 April 1996
Document codes: WT/DS5/5/Add.3; G/SPS/W/27/Add.3; G/TBT/D/3/Add.3; G/AG/W/8/Add.3
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE SHELF-LIFE OF PRODUCTS
Notification of Mutually Agreed Solution
Communication from the Republic of Korea
Addendum
The following communication titled "Notification of the Corresponding Harmonized System
Headings of the Products Whose Shelf-Lives Were Newly Established or Extended in the Korean Food
Code as of October 1, 1995", dated 26 January 1996, from the Permanent Mission of the Republic
of Korea is circulated at the request of that delegation.
October 1, 1995.
2. For the convenience of the interested Members, the Government of the Republic of Korea notifies
the WTO Secretariat of the corresponding Harmonized System headings of the above-mentioned products,
the list of which is attached hereto1.
3. Beginning July 1, 1996, shelf-life requirements for the products included in the attached list
will be removed from the Korean Food Code.
1Notreproducedwiththisdocument. Availableforconsultationinthe LegalAffairs Division(Office
No. 2140).
UNITED STATES - IMPOSITION OF IMPORT DUTIES ON AUTOMOBILES FROM JAPAN UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Document: Request to Join Consultations under Article 4.11 of the DSU
Date: 2 June 1995
Document codes: WT/DS6/2
Complainant: Japan
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 23  Dispute Settlement Understanding (DSU)Art. I, II  GATT 1994

UNITED STATES - IMPOSITION OF IMPORT DUTIES ON
AUTOMOBILES FROM JAPAN
UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Request to Join Consultations under Article 4.11 of the DSU
The following communication, dated 31 May 1995, from the Permanent Delegation of the
European Commissionto theOffice of the UnitedStates Trade Representative andthe Permanent Mission
of Japan in Geneva, iscirculated at the request of the Permanent Delegation of the European Commission.
Pursuant to the procedures laid down in Article 4:11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU), the European Communities wish to be joined
in the consultations under Article XXII:1 of GATT 1994 requested by Japan by a communication
circulated to WTO Members on 22 May1995 () regarding trade measures affecting the import
of certain Japanese cars into the United States which were announced on 16 May 1995 by the United
States under Section 301 of the 1974 Omnibus Trade Act. The EC have a substantial trade interest
in the strict observance of the rules concerning the strengthening of the multilateral system laid down
in Article 23 of the DSU which have been invoked in the consultation request submitted by Japan.
These rules are essential for the good functioning of the multilateral trading system and for the dispute
settlement procedures under the WTO.
UNITED STATES - IMPOSITION OF IMPORT DUTIES ON AUTOMOBILES FROM JAPAN UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Document: Request to Join Consultations under Article 4.11 of the DSU Communication by Australia
Date: 12 June 1995
Document codes: WT/DS6/3
Complainant: Japan
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 23  Dispute Settlement Understanding (DSU)Art. I, II  GATT 1994

UNITED STATES - IMPOSITION OF IMPORT DUTIES ON
AUTOMOBILES FROM JAPAN
UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Request to Join Consultations under Article 4.11 of the DSU
Communication by Australia
The following communication, dated 1 June 1995, from the Permanent Mission of Australia
to the Permanent Missionof Japan and the United States Trade Representative, is circulated at the request
of the Permanent Mission of Australia.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Government of Australia hereby notifies you that due to its
substantial trade interest, it desires to be joined in the consultations under Article XXII:1 of GATT
1994 requested by Japan in a communication circulated to WTO members on 22 May 1995 (),
entitled "".
This notification of Australia's wish to be joined in the consultations is without prejudice to
Australia's views on the legal basis for the WTO claims of either party.
Australia has a substantial trade interest in relation to the products included in the U.S. Section
301 list. In the immediate and longer term, Australia has a substantial trade interest in relation to those
auto parts of Australian origin which are sold to Japanese auto makers. Australia also has a substantial
interest in relation to the proportion of our exports of coal, steel, iron ore and other minerals which
are used in Japanese auto manufacture.
Japan is a leading market for Australia's exports of all such products. Australia also exports
leather and other components to the Japanese auto industry.
Finally, Australia alsohasa substantialinterestin the observance of therules on the strengthening
of the multilateral system in Article 23 of the DSU, which were invoked in Japan's request for
consultations.
UNITED STATES - IMPOSITION OF IMPORT DUTIES ON AUTOMOBILES FROM JAPAN UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Document: Acceptance of the Request to Join Consultations Communication by the United States
Date: 14 June 1995
Document codes: WT/DS6/4; WT/DS6/1
Complainant: Japan
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 23  Dispute Settlement Understanding (DSU)Art. I, II  GATT 1994

UNITED STATES - IMPOSITION OF IMPORT DUTIES ON
AUTOMOBILES FROM JAPAN
UNDER SECTIONS 301 AND 304 OF THE TRADE ACT OF 1974
Acceptance of the Request to Join Consultations
Communication by the United States
The following communication dated 12 June 1995 from the Office of the United States Trade
Representative in Geneva to the Dispute Settlement Body is circulated according to Article 4.11 of the
DSU.
The Office of the United States Trade Representative received a letter dated June 1, 1995, from
the Australian Permanent Mission in which the Australian Government expressed its desire to be joined
in consultations requested by the Japanese Government (). Based on the Australian
Government's statement that, "[i]n the immediate and longer term, Australia has a substantial trade
interest in relation to those auto parts of Australian origin which are sold to Japanese auto makers,"
the U.S. Government agrees that the Australian Government's claim of substantial trade interest is well-
founded, and has so informed the Australian Permanent Mission.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Chile
Date: 9 June 1995
Document codes: WT/DS7/2
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Chile
The following communication, dated 31 May 1995, from the Permanent Mission of Chile to
the Permanent Mission of Canada and the Permanent Delegation of the European Commission in Geneva,
is circulated at the request of the Permanent Mission of Chile.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Chile hereby notifies you that due to its substantial trade
interest, it wishes to be joined in the consultations under Article XXII of the General Agreement on
Tariffs and Trade 1994 which the Permanent Mission of Canada, in its letter dated 19 May 1995
( of 24 May 1995), requested with the European Union regarding the French Government
Order laying down official names and permitted trade descriptions of pectinidae (scallops).
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Request to Join Consultations under Article 4.11 of the DSU Communication by Iceland
Date: 9 June 1995
Document codes: WT/DS7/3
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Iceland
The following communication dated 2 June 1995 from the Permanent Mission of Iceland to
the Permanent Mission of Canada and the Permanent Delegation of the European Commission, is
circulated at the request of the Permanent Mission of Iceland.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Iceland hereby notifies that, in light of its substantial
trade interest, it desires to be joined in the consultations with the European Union requested by Canada
as regards the trade description of scallops in France (WTO document ). The request for
consultations is made pursuant to Article XXII of the GATT 1994, Article 14.1 of the TBT Agreement,
and Article 4 of the DSU.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Request to Join Consultations under Article 4.11 of the DSU Communication by Japan
Date: 9 June 1995
Document codes: WT/DS7/4
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Japan
The following communication dated 2 June 1995 from the Permanent Mission of Japan to the
Permanent Missionof Canada and the Permanent Delegation of the European Commission, is circulated
at the request of the Permanent Mission of Japan.
Upon instructions from my Government, I would like to notify to the Dispute Settlement Body
that the Government of Japan, pursuant to paragraph 11 of Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes, desires to be joined in the consultations under
Article XXII:1 of GATT 1994 requested by the Government of Canada by a communication circulated
to WTO Members on 24 May 1995 regarding trade description of scallops ().
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Peru
Date: 12 June 1995
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

WORLD TRADE W/DS7/5

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Peru
The following communication dated 2 June 1995 from the Permanent Mission of Peru to the
Permanent Mission of Canada and the Permanent Delegation of the European Commission, is circulated
at the request of the Permanent Mission of Peru.
I have the honour to inform you that, pursuant to Article 4.11 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes, the Government of Peru has asked to be joined
inthe consultationswhichthe Government ofCanada has requested withthe EuropeanUnionconcerning
the French Government Order NOR MERP9300051A and subsequent amendments thereto layingdown
the official names and the official designation of pectinidae (scallops).
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Acceptance by the EC of the Requests to Join Consultations by Chile, Iceland, Japan and Peru under Article 4.11 of the DSU In a communication dated 23 June 1995, the European Communities informed the Dispute Settlement Body that it had accepted the requests of Chile (WT/DS7/2), Iceland (WT/DS7/3), Japan (WT/DS7/4) andPeru (WT/DS7/5) tojoinconsultationswhichtheGovernment ofCanada hadrequested with the European Communities (WT/DS7/1).
Date: 4 July 1995
Document codes: WT/DS7/6; WT/DS7/2; WT/DS7/3; WT/DS7/4; WT/DS7/5; WT/DS7/1
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Acceptance by the EC of the Requests to Join Consultations by Chile, Iceland, Japan and Peru
under Article 4.11 of the DSU
In a communication dated 23 June 1995, the European Communities informed the Dispute
Settlement Body that it had accepted the requests of Chile (), Iceland (), Japan
() andPeru () tojoinconsultationswhichtheGovernment ofCanada hadrequested
with the European Communities ().
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request for the Establishment of a Panel
Date: 10 July 1995
Document codes: WT/DS7/7
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request for the Establishment of a Panel
The following communication dated 7 July 1995 from the Permanent Mission of Canada to
the Permanent Delegation of the European Commission is circulated at the request of the Permanent
Mission of Canada.
On 19 May 1995, the Government of Canada requested consultations with the European Union
concerning the French Government Order (NOR MERP9300051A) of 22 March 1993 and its amendments
relating to the official names and permitted trade descriptions of scallops. In accordance with Article 4
of the UnderstandingonRules and Procedures Governingthe Settlement of Disputes(DSU), thatrequest
was circulated to Members of the on 24 May 1995 (WT/DS/7/1).
The Government of Canada requested consultations with a view to regaining the full benefit
of the long-standing conditions of competition affecting Canadian pectinidae in the French market,
long known as "Noix de Coquilles Saint-Jacques" or "Noix de Saint-Jacques".
Canada and the European Union held consultations in Geneva on 19 June 1995 with a view
to reaching a satisfactory resolution of the matter.
Unfortunately, the consultations failed to settle the dispute and further consultations are not
likely to be productive. Pursuant to 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), Canada hereby requests that a panel be established at
the next meeting of the Dispute Settlement Body scheduled for 19 July 1995.
Canada requests that the panel consider and find that the Order and subsequent amendments
are:
(a) inconsistent with Article 2 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 the benefits accruing to Canada pursuant to the WTO.
Canada requests that the Panel be established with the standard terms of reference as set out
in Article 7 of the DSU. Canada further requests that this request for the establishment of a Panel
be inscribed on the agenda of the meeting of the DSB on 19 July 1995.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Request for the Establishment of a Panel Corrigendum
Date: 13 July 1995
Document codes: WT/DS7/7/Corr.1; WT/DS7/7; WT/DS7/1
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request for the Establishment of a Panel
Corrigendum
The following letter, dated 7 July 1995, from the Permanent Mission of Canada is the cover
note for the communication on the request for the establishment of a panel circulated in
of 10 July 1995.
With reference to document , dated 24 May 1995, I hereby inform you that
consultations between the Government of Canada and the European Communities (EC) took place in
Geneva on 19 June 1995. Unfortunately, it has not been possible to find a satisfactory solution for
the issue raised by Canada regarding the trade description of scallops.
The Government of Canada will continue to pursue the settlement of this issue, however, if
no solution is found within the 60 day period following the date of receipt of our request by the EC,
we will request the establishment of a panel at the nextmeeting of the DisputeSettlement Body, pursuant
toArticleXXIII of GATT 1994,Article14 of the Agreement on Technical Barriers toTrade and Articles
4 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
In light of the above, we ask you to include this request on the agenda of the meeting of the
Dispute Settlement Body scheduled for 19 July 1995 and to circulate the attached communication.*
*See document
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Constitution of the Panel Established at the Request of Canada Note by the Secretariat
Date: 14 September 1995
Document codes: WT/DS7/8; WT/DS7/7.; WT/DS7/7
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 19 July 1995, the Dispute Settlement Body (DSB) established a panel in
accordance with the request made by Canada in document
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms
of reference. The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Canada
in document , the matter referred to the DSB by Canada in that document and to
make such findings as will assist the DSB in making the recommendations or in giving the
rulings provided for in those agreements".
3. The parties to the dispute agreed on 6 September 1995 to the following composition of the
Panel:
Chairman: Mr. Michael Cartland
Members: Mr. Peter Palecka
Mrs. Barbara Rigassi
4. The Panel is assisted by Gabrielle Marceau as Secretary and Jeffrey Gertler as Legal Officer.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Communication from the Chairman of the Panel
Date: 9 February 1996
Document codes: WT/DS7/9
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Communication from the Chairman of the Panel
The following communication, dated 6 February 1996 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date the final report is issued to the parties, shall, as a general rule, not exceed six months.
Article 12.9 of the DSU states that when the panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.
The Panel on ", request by Canada"
was established by the DSB on 19 July 1995 and parties agreed on its composition and terms of reference
on 6 September 1995. In the light of requests by the parties, it was decided that the timetables of the
two related disputes on Trade Description of Scallops (the present one and the one involving Peru and
Chile) would be harmonized. Consequently, the Panel will not be able to issue its report within six
months.
The Panel, in agreement with the Parties, expects to complete its work by the end of April 1996.
EC - TRADE DESCRIPTION OF SCALLOPS (Canada)
Document: Original: English EC - TRADE DESCRIPTION OF SCALLOPS (Canada) Communication from the Chairman of the Panel Thefollowingcommunication,dated 2May 1996andaddressed totheDisputeSettlement Body, is circulated in accordance with Article 12.9 of the DSU.
Date: 7 May 1996
Document codes: WT/DS7/10
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EC - TRADE DESCRIPTION OF SCALLOPS (Canada)
Communication from the Chairman of the Panel
Thefollowingcommunication,dated 2May 1996andaddressed totheDisputeSettlement Body,
is circulated in accordance with Article 12.9 of the DSU.
At the request of the Parties, the Panel has agreed to postpone the issuance of its Final Report
until 10 May 1996.
EC - TRADE DESCRIPTION OF SCALLOPS (Canada)
Document: Original: English EC - TRADE DESCRIPTION OF SCALLOPS (Canada) Communication from the Chairman of the Panel
Date: 23 May 1996
Document codes: WT/DS7/11
Complainant: Canada
Respondent: EU
Third parties: Australia, Chile, Iceland, Japan, Peru, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994

EC - TRADE DESCRIPTION OF SCALLOPS (Canada)
Communication from the Chairman of the Panel
The following communication, dated 13 May 1996 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.12 of the DSU.
In the context of the negotiations for a mutually agreed solution to the present dispute, the
complaining parties have requested the Panel to suspend the panel proceedings in accordance with
Article 12.12 of the DSU. The Panel has agreed to this request.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Request to Join in Consultations under Article 4.11 of the DSU Communication from the United States
Date: 17 July 1995
Document codes: WT/DS8/2
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request to Join in Consultations under Article 4.11 of the DSU
Communication from the United States
The following communication, dated 7 July 1995, from the Office of the United States Trade
Representative to the Permanent Mission of Japan and the Permanent Delegation of the European
Commission is circulated at the request of the Office of the United States Trade Representative.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the United States Government hereby notifies the Dispute Settlement
Body that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations under Article XXII:1 of GATT 1994 requested by the European Communities in a
communication circulated to WTO Members on 29 June 1995 (), entitled "".
The United States has a substantial trade interest in the alcoholic beverages that are the subject
of the EC request. Japan is the second largest market for U.S. distilled spirits exports. U.S. exports
of distilled spirits were valued at US$ 93 million in 1994, or approximately 25 per cent of U.S. distilled
spirits exports to the world.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Request to Join Consultations under Article 4.11 of the DSU Communication from Canada
Date: 17 July 1995
Document codes: WT/DS8/3
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations under Article 4.11 of the DSU
Communication from Canada
The following communication, dated 7 July 1995, from the Permanent Mission of Canada to
the Permanent Delegation of the European Commissionand the Permanent Missionof Japanis circulated
at the request of the Permanent Mission of Canada.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the European Communities in a communication circulated to
WTO Members on 29 June 1995 in document regarding taxes on alcoholic beverages.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Acceptance by Japan of the Requests to Join Consultations by Canada and the United States under Article 4.11 of the DSU In a communication, dated 19 July 1995, Japan informed the Dispute Settlement Body that it had accepted the requests of the United States (WT/DS8/2) and Canada (WT/DS8/3) to join consultations which the European Communities had requested with Japan (WT/DS8/1).
Date: 2 August 1995
Document codes: WT/DS8/4; WT/DS8/2; WT/DS8/3; WT/DS8/1
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Acceptance by Japan of the Requests to Join Consultations by Canada and the United States
under Article 4.11 of the DSU
In a communication, dated 19 July 1995, Japan informed the Dispute Settlement Body that
it had accepted the requests of the United States () and Canada () to join
consultations which the European Communities had requested with Japan ().
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Communication from the Chairman of the Panel
Date: 12 April 1996
Document codes: WT/DS8/8; WT/DS10/8; WT/DS11/5
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Communication from the Chairman of the Panel
The following communication, dated 19 March 1996 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date the final report is issued to the parties, shall, as a general rule, not exceed six months.
Article 12.9 of the DSU states that when the panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.
The Panel on "" was established by the DSB on
27 September 1995 and the Parties agreed on its composition and terms of reference on 30 October 1995.
Since the Parties wished to use the maximum time periods prescribed in Appendix 3 of the DSU, which
would have resulted in the scheduling of the first substantive meeting of the Panel towards the end
of December 1995, the earliest that the Panel could meet, in the light of the fact that all the parties
were not available and other commitments of the members of the Panel, was the end of January 1996.
This consequently led to some delay in establishing the remainder of the timetable. Therefore, the
panel will not be able to issue its report within the six months' period.
The Panel, in agreement with the Parties, expects to complete its work by the end of June 1996.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Notification of an Appeal by Japan under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 8 August 1996
Document codes: WT/DS8/9; WT/DS10/9; WT/DS11/6
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Notification of an Appeal by Japan under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 8 August 1996, sent by Japan to the Dispute Settlement Body
(DSB), is circulated to Members. The notification also constitutes the Notice of Appeal, filed on the
same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.
Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU) and Rule 20 of the Working Procedures for Appellate Review, the
Government of Japan hereby notifies the Dispute Settlement Body of its decision to appeal to the
AppellateBody certain issuesof law covered inthe panel reportonJapan- Taxes onAlcoholicBeverages
(, , ) and certain legal interpretations developed by the panel.
The Government of Japan requests a review by the Appellate Body of the panel's legal
interpretations of both the first and the second sentences of Article III:2 of GATT 1994. In the view
of the Government of Japan, the panel report found certain aspects of the distilled liquor taxation of
Japan under the current Liquor Tax Law to be inconsistent with Article III:2 based upon erroneous
interpretation of the provision. In particular, the panel report failed to interpret Article III:2 in the
light of correct interpretation of Article III:1, which embodies the basic principle of national treatment
in the phrase "so as to afford protection to domestic production".
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Communication from the Appellate Body
Date: 4 October 1996
Document codes: WT/DS8/10; WT/DS10/10; WT/DS11/7
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Communication from the Appellate Body
The following communication, dated 2 October 1996, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17(5) of the DSU.
It is my honour totransmit toyou the Report of the Appellate Bodyin Japan- Taxes on Alcoholic
Beverages, AB-1996-2. It will be circulated on Friday, 4 October 1996 to Members of the in accordance with paragraph 5 of Article 17 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes. The three Members of the Appellate Body who
served on this appeal were Mr. Julio Lacarte-Muró as Presiding Member, Mr. James Bacchus and
Mr. Said El-Naggar as Members.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Surveillance of Implementation of Recommendations and Rulings Communication from the European Communities
Date: 21 January 1997
Document codes: WT/DS8/12; WT/DS10/12; WT/DS11/10
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Surveillance of Implementation of Recommendations and Rulings
Communication from the European Communities
The following communication, dated 16 January 1997 , from the Permanent Delegation of
the European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request
of that delegation.
As you are aware, on 1 November 1996, the Dispute Settlement Body adopted the
Recommendations and Rulings of the panel and the Appellate Body reports on the dispute “ ” .
On 24 December 1996, the United States, one of the complaining parties in that dispute, requested
that the “ reasonable period of time” for implementation of those recommendations and rulings be
determined by binding arbitration pursuant to paragraph 3(c) of Article 21 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU). On 6 January 1997, the United
States addressed a letter to the Director-General of the WTO requesting the appointment of an arbitrator
as provided in footnote 12 of the DSU.
As one of the complaining parties to the dispute on “ ” ,
whose interests will necessarily be affected by the outcome of the arbitration requested by the United
States, the European Community considers itself entitled to participate in the arbitration procedure.
Accordingly, the European Community expects to be associated at all stages of the procedure.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Appointment of Arbitrator by the Director-General Note by the Secretariat On 17 January 1997, pursuant to the request by the United States of 7 January 1997, the Director- General appointed Ambassador Julio Lacarte Muró to act as arbitrator under Article 21.3(c) of the Dispute Settlement Understanding in the matter "Japan - Taxes on Alcoholic Beverages". JAPON - TAXES SUR LES BOISSONS ALCOOLIQUES Désignation d'un arbitre par le Directeur général Note du Secrétariat Le 17 janvier 1997, suite à la demande présentée par les Etats-Unis le 7 janvier 1997, le Directeur général a désigné M. l'Ambassadeur Julio Lacarte Muró comme arbitre, conformément à l'article 21:3 c)duMémorandum d'accordsurlerèglementdesdifférends,dansl'affaire"Japon - Taxes sur les boissons alcooliques". JAPÓN - IMPUESTOS SOBRE LAS BEBIDAS ALCOHÓLICAS Designación del árbitro por el Director General Nota de la Secretaría
Date: 21 January 1997
Document codes: WT/DS8/13; WT/DS10/13; WT/DS11/11
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Appointment of Arbitrator by the Director-General
Note by the Secretariat
On 17 January 1997, pursuant to the request by the United States of 7 January 1997, the Director-
General appointed Ambassador Julio Lacarte Muró to act as arbitrator under Article 21.3(c) of the
Dispute Settlement Understanding in the matter "".
Note du Secrétariat
Directeur général a désigné M. l'Ambassadeur Julio Lacarte Muró comme arbitre, conformément à
l'article 21:3 c)duMémorandum d'accordsurlerèglementdesdifférends,dansl'affaire"Japon - Taxes
sur les boissons alcooliques".
Nota de la Secretaría
"Japón - Impuesto sobre las bebidas alcohólicas" al Embajador Julio Lacarte Muró.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Surveillance of Implementation of Recommendations and Rulings Communication from Canada
Date: 27 January 1997
Document codes: WT/DS8/14; WT/DS10/14; WT/DS11/12
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Surveillance of Implementation of Recommendations and Rulings
Communication from Canada
The following communication, dated 17 January 1997, from the Permanent Mission of Canada
to the Chairman of the Dispute Settlement Body, is circulated to Members.
My authorities have requested that I contact you with regard to the 24 December 1996 letter
from the US addressed to you requesting binding arbitration for the determination of the “ reasonable
period of time” for the implementation of the Dispute Settlement Body’ s (DSB) recommendations
concerning the dispute entitled “ ” .
As you are aware, Canada was a complaining party in this dispute. Our concerns regarding
the inconsistency of the Japanese measures were elaborated in our submissions to the Panel as well
as to the Appellate Body. Therefore, Canada has a particular interest in ensuring that Japan implements
the DSB’ s recommendations in an effective and meaningful manner.
In the light of the timeframes outlined in the Understanding on Rules and Procedures Governing
the Settlement of Disputes, we presume that the arbitrator has been chosen and that the arbitrator’ s
decision will be rendered shortly. Although the timeframe is short, Canada wants to make certain
that it will have an opportunity to be heard by the arbitrator, if Canada deems it necessary. At this
time, Canada does not intend to make a written submission to the arbitrator, however, after reviewing
the submissions to be made by Japan, the US, or the EC, should the latter participate in the arbitration,
we may consider it necessary to intervene (e.g. this could be done during the hearing, presuming there
is one provided for in the process adopted). Without knowing the specific arbitration procedures to
be adopted, you can understand it is difficult for us to be more precise with regard to this matter.
Notwithstanding the fact that the request for the arbitration was made by the US, the result
of this arbitration proceeding will affect the implementation of the DSB recommendations concerning
a dispute in which Canada was a complaining party. Canada’ s approach with regard to this matter
is to ensure that the arbitration process provides Canada with an opportunity to be heard, if necessary,
allowing it to protect its interests as well as its WTO rights.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Arbitration under Article 21(3)(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 17 February 1997
Document codes: WT/DS8/16; WT/DS10/16; WT/DS11/14
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Arbitration under Article 21(3)(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 13 February 1997, from the arbitrator, Mr. Julio Lacarte-
Muró, to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 21(3)(c)
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
It ismy honourto transmittoyoumy arbitrationaward inJapan- Taxes onAlcoholicBeverages,
pursuant to Article 21(3)(c) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes. It was distributed today tothe parties to the dispute, and will be circulated as an unrestricted
document on Friday, 14 February 1997 to the Members of the .
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Status Report by Japan Addendum
Date: 6 October 1997
Document codes: WT/DS8/18/Add.1; WT/DS10/18/Add.1; WT/DS11/16/Add.1; WT/DS8/11; WT/DS10/11; WT/DS11/8
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Status Report by Japan
Addendum
The following communication, dated 6 October 1997, from the Permanent Mission of Japan
to the Chairman of the Dispute Settlement Body, is circulated at the request of Japan.
Status Report on Implementation of the Recommendations and Rulings of
the Dispute Settlement Body Regarding “ ”

The Government of Japan

Pursuant to Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (“ DSU” ), the Government of Japan (“ GOJ” ) is obliged to inform the Dispute Settlement
Body (“ DSB” ) on the status of the implementation of the recommendations of the DSB regarding “ ” . Since this matter will be placed on the agenda of the DSB on 16
October 1997, the GOJ presents its second status report.
As stated in the first report, on 1 October 1997, 4 months before the expiry of the reasonable
period of time, major adjustments of the liquor tax rates, as the first step to implement the
recommendations of the DSB, went into effect. As of the date, the tax rate on Whisky/Brandy has
been reduced by about 44 per cent, and the rates on Shochu A and B have been increased by 30 per
cent and 48 per cent respectively. At the same time, the GOJ is continuing to examine possible and
practical responses to this issue in order to find a mutually acceptable solution with the other parties
to this dispute regarding the modalities of the implementation of the recommendations of the DSB.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Status Report by Japan Addendum
Date: 7 November 1997
Document codes: WT/DS8/18/Add.2; WT/DS10/18/Add.2; WT/DS11/16/Add.2; WT/DS8/11; WT/DS10/11; WT/DS11/8
Complainant: EU
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Status Report by Japan
Addendum
The following communication, dated 7 November 1997, from the Permanent Mission of Japan
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on Implementation of the Recommendations and Rulings of
the Dispute Settlement Body Regarding “ ”

The Government of Japan

Pursuant to Article 21.6 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (“ DSU” ), the Government of Japan (“ GOJ” ) is obliged to inform the Dispute Settlement
Body (“ DSB” ) on the status of the implementation of the recommendations of the DSB regarding “ ” . Since this matter will be placed on the agenda of the DSB on
18 November 1997, the GOJ presents its third status report.
The GOJ is continuing its examination of possible and practical responses to this issue in order
to find a mutually acceptable solution with the other parties to this dispute regarding the modalities
of the implementation of the recommendations of the DSB. To this end, the GOJ will maintain its
discussions with the other parties to this dispute.