KOREA - MEASURES CONCERNING THE BOTTLED WATER
Document: Request for consultations by Canada The followingcommunication, dated 8November 1995,from thePermanent Mission of Canada to the Permanent Mission of the Republic of Korea, is circulated at the request of the Permanent Mission of Canada in accordance with Article 4:4 of the DSU.
Date: 22 November 1995
Document codes: WT/DS20/1; G/L/33; G/SPS/W/35; G/TBT/D/4; G/MA/3; G/AG/W/14
Complainant: Canada
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING THE BOTTLED WATER
Request for consultations by Canada
The followingcommunication, dated 8November 1995,from thePermanent Mission of Canada
to the Permanent Mission of the Republic of Korea, is circulated at the request of the Permanent Mission
of Canada in accordance with Article 4:4 of the DSU.
The Government of Canada requests consultations with the Government of the Republic of
Korea pursuant to Article XXII of the General Agreement on Tariffs and Trade 1994, Article 11 of
the Agreement on the Application of Sanitary and Phytosanitary Measures, and Article 14 of the
Agreement on Technical Barriers to Trade, regarding certain laws and regulations of the Republic of
Korea concerningbottled water. These laws and regulations include,but are not limitedto, the Drinking
Water Management Law and the Public Notice on Standards, Specifications and Labelling Criteria
of Bottled Water (No. 1995-43).
Two provisions of the Public Notice on Standards, Specifications and Labelling Criteria of
Bottled Water are of particular concern to Canada. Article 8 establishes that the shelf-life of bottle
water is 6 months from its production date. Article 3 provides that physical water treatments, such
as precipitation, filtration, aeration and ultraviolet disinfection are permitted, but any use of chemical
treatment is prohibited. Officials of the Republic of Korea have informed Canadian officials that
disinfection by ozonation is a prohibited chemical treatment.
The Government of Canada is of the view that these laws and regulations are inconsistent with
the obligations of the Republic of Korea under the Agreement on the Application of Sanitary and
Phytosanitary Measures, the General Agreement on Tariffs and Trade 1994 and the Agreement on
Technical Barriers to Trade. The provisions of these agreements with which these laws and regulations
are inconsistent include, but are not limited to, the following:

(i) Agreement on the Application of Sanitary and Phytosanitary Measures, Articles 2 and 5;
(ii) General Agreement on Tariffs and Trade 1994, Article III and Article XI; and
(iii) Agreement on Technical Barriers to Trade, Article 2.
The Government of Canada is of the further view that these laws and regulations nullify or
impair the benefits accruing to Canada directly or indirectly under the cited agreements.
In accordance with Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, the Government of Canada requests consultations with the Government of the
Republic of Korea to discuss this matter with the intention of reaching a mutually satisfactory result.
The Government of Canada welcomes any suggestions the Government of the Republic of Korea may
wish to make concerning dates on which the consultations could take place within thirty days from
the date of receipt of this request.