EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for the Establishment of a Panel by Canada
Date: 14 February 2011
Document codes: WT/DS400/4
Complainant: Canada
Respondent: EU
Third parties: Argentina, China, Colombia, Ecuador, Iceland, Japan, Mexico, Norway, Russia, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XXIII:1(b)  GATT 1994Art. 2.1, 2.2, 5.1.1, 5.1.2, 5.2.1, 5.2.2, 5.2.3, 5.6, 7.1  Technical Barriers to Trade (TBT)

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

Request for the Establishment of a Panel by Canada

 The following communication, dated 11 February 2011, from the delegation of Canada to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

 On 2 November 2009, the Government of Cana da ("Canada") requested consultations with
the delegation of the European Communities, pursuant to Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), Article XXII of the General Agreement
on Tariffs and Trade, 1994 ("GATT 1994") and Article 14 of the Agreement on Technical Barriers to
Trade ("TBT Agreement"), concerning Regulation (EC) No. 1007/2009 of the European Parliament
and of the Council of 16 September 2009 on trade in seal products , as well as any subsequent
amendments, replacements, extensions, implementing measures or other related measures.
Consultations with the European Union were held on 15 December 2009.
1

 On 17 August 2010, the European Commission published Commission Regulation (EU) No
737/2010 laying down detailed rules for the implementation of Regulation (EC) No. 1007/2009 of the
European Parliament and of the Council on trade in seal products . On 18 October 2010, the
Government of Canada requested supplementary consultations with the European Union.
Supplementary consultations were held on 1 Dece mber 2010 with a view to reaching a satisfactory
resolution of the matter. Unfortunately, the consultations failed to settle the dispute.

 Canada therefore requests the Dispute Settlement Body to establish a panel to examine this
matter with standard terms of refe rence, as set out in Article 7.1 of the DSU, pursuant to Articles 4.7
and 6 of the DSU, Article XXIII of the GATT 1994 and Article 14 of the TBT Agreement.

 The measures covered in this panel request are the following:

(i) Regulation (EC) No. 1007/2009 of the European Parliament and of the Council, of 16
September 2009 on trade in seal products (the "European Union trade ban").

(ii) Regulation (EU) No 737/2010 laying down de tailed rules for the implementation of
Regulation (EC) No. 1007/2009 of the European Parliament and of the Council on
trade in seal products (the "implementing measure").

1 In this Panel Request, Canada refers to the respondent as the European Communities in respect of
events that took place before the entry into force of the Lisbon Treaty on 1 December 2009. In respect of events
taking place after 1 December 2009, Canada refers to the respondent as the European Union.

 For each of the measures referred to above, this request also covers any amendments,
replacements, extensions, implementing measures or other related measures, administrative orders,
directives, or customs guidelines including those issued by individual European Union Member
States.

 The European Union trade ban prohibits the importation and the placing on the market for
sale in the European Union customs territory of any seal product except: (a) those derived from hunts
traditionally conducted by Inuit and other indi genous communities, which contribute to their
subsistence; and (b) those that are by-products of a hunt regulated by national law and with the sole
purpose of sustainable management of marine res ources. In addition, seal products for personal use
may be imported but may not be placed on the market. The effect of the trade ban, in combination
with the implementing measure, is to restrict virtua lly all trade in seal products within the European
Union, and in particular with respect to seal products of Canadian origin.

 Canada considers that each of the measures referred to a bove is inconsistent with the
European Union’s obligations under the GATT 1994 and under the TBT Agreement. Specifically, the
European Union measures violate the following provisions:

(1) Article I:1 of GATT 1994 because Canadian seal products are not accorded
immediately and unconditionally any advant age, favour, privilege or immunity
granted to like products originating in any other country.
(2) Article III:4 of GATT 1994 because the measures result in less favourable treatment
of seal products from Canada than like products originating in the European Union.
(3) Article XI:1 of GATT 1994 because the measures result in a prohibition or restriction
on the importation of seal products from Canada into the European Union.
(4) Article 2.1 of the TBT Agreement because the measures result in less favourable
treatment accorded to seal products from Ca nada than to like products of European
Union origin and like products originating in any other country.
(5) Article 2.2 of the TBT Agreement because the measures create an unnecessary
obstacle to international trade, lack a legitimate objective and are more trade-
restrictive than necessary to fulfil a legitim ate objective if any such objective were to
exist.
 In addition, Canada considers that the im plementing measure, either in itself or in
combination with Regulation (EC) No. 1007/2009, is inconsistent with the European Union’s
obligations under the following provisions of the TBT Agreement:

(1) Article 5.1.1 because access for suppliers of Canadian seal products is granted under
conditions less favourable than those accorded to other suppliers of like products, in a
comparable situation.
(2) Article 5.1.2 because the conformity assessment procedures set out in the
implementing measure create an unnecessary obstacle to international trade.
(3) Article 5.2.1 and 5.2.2 in relation to the timeliness of implementation of the
conformity assessment procedures set out in the implementing measure.
(4) Article 5.2.3 in relation to the necessity of information requirements under the
conformity assessment procedures set out in the implementing measure.

(5) Article 5.6 because the European Union h as not properly notified the conformity
assessment procedures set out in the implementing measure.
(6) Article 7.1 because the European Union has not taken reasonable measures to ensure
compliance with the measures by individual Member States and their respective
customs authorities.
 The violations stated above nullify or impa ir the benefits accruing to Canada under those
agreements. Moreover, the measur es also nullify or impair the bene fits accruing to Canada in the
sense of Article XXIII:1(b) of the GATT 1994.

 Canada requests that this matter be put on the agenda of the next DSB meeting, scheduled to
be held on 24 February 2011.