EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for Consultations by Norway
Date: 10 November 2009
Document codes: WT/DS401/1; G/L/912; G/TBT/D/37; G/AG/GEN/88
Complainant: Norway
Respondent: EU
Third parties: Argentina, Canada, China, Colombia, Ecuador, Iceland, Japan, Mexico, Namibia, Russia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 2.1, 2.2, 5, 9.2, 9.3, 6, 7.1, 7.4, 7.5  Technical Barriers to Trade (TBT)Art. 4.2  Agriculture

EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION
AND MARKETING OF SEAL PRODUCTS

Request for Consultations by Norway

 The following communication, dated 5 November 2009, from the delegation of Norway to the
delegation of the European Communities and to th e 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"), Article 19 of the Agreement on Agriculture , and Article 14 of the Agreement on
Technical Barriers to Trade (" TBT Agreement "), Norway hereby requests consultations with the
European Communities ("EC") concerning certain me asures affecting trade in seal products. The
measures at issue, which are collectively referred to as the "EC seal regime", include:

− Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on
trade in seal products, adopted on 16 September 2009 (the "Regulation"), which
establishes a harmonized EC regime for the importation and marketing of seal
products;
1 and

− any related measures adopted by the EC or its member States that guide, amend,
supplement, replace, and/or implement the rules set forth in the Regulation, whether
adopted pursuant to the Regulation or not.

 The EC seal regime imposes a general prohibition on the importation and sale of processed
and unprocessed seal products in the EC, thereby de priving Norway of access to a significant market
for its exports of these products. The Regulation cont ains certain exceptions that appear to afford
privileged access to the EU market to seal products originating in the EC and in certain third
countries, but not Norway.

 The EC seal regime appears to be incons istent with the EC's obligations under the Agreement
on Agriculture, the TBT Agreement and the GATT 1994, in particular:

 (i) Article 4.2 of the Agreement on Agriculture;
 (ii) Articles 2.1 and 2.2 of the TBT Agreement; and,
 (iii) Articles I:1, III:4, and XI:1 of the GATT 1994.

1 Official Journal of the European Union, L 286/36, published 31.10.2009.
WT/DS401/1, G/L/912,
G/TBT/D/37, G/AG/GEN/88

 These violations appear to nullify or impair bene fits accruing to Norway directly or indirectly
under the covered agreements within the meaning of Article XXIII:1(a) of the GATT 1994.

 Moreover, the EC seal regime appears to nu llify or impair benefits accruing to Norway
directly or indirectly under the covered agreements within the meaning of Article XXIII:1(b) of the
GATT 1994.

 Norway reserves its rights to raise additional matters during the course of these consultations
and in any future request for panel proceedings.

 Norway looks forward to the EC's reply to this request, and to fixing a mutually acceptable
date for consultations.