EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for Consultations by Norway Addendum
Date: 21 October 2010
Document codes: WT/DS401/1/Add.1; WT/DS401/1; G/L/912/Add.1; G/TBT/D/37/Add.1; G/AG/GEN/88/Add.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

Addendum

 The following communication, dated 19 Octobe r 2010, from the delegation of Norway to the
delegation of the European Union
∗ and to the Chairman of the Dis pute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.

 On 5 November 2009, Norway requested c onsultations with the European Communities
("EC") concerning certain measures affecting trade in seal products (Document ,
, , ). The present request complements, constitutes an addendum
to, and must be read with, the original request for consultations presented on 5 November 2009.

 On 15 December 2009, Norway and the European Union ("EU") held consultations on the EU
seal regime.

 On 10 August 2010, the EU adopted Commission Regulation (EU) No. 737/2010 laying down
rules for the implementation of the Regulation.

 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 renews its request for consultations
with the EU concerning certain measures affecting trade in seal products and collectively referred to
as the "EU seal regime". The measures at issue 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 EU regime for the importation and marketing of seal
products;
1

∗ On 1 December 2009, the Treaty of Lisbon amending the Treaty on European Union and the Treaty
establishing the European Community (done at Lisbon, 13 December 2007) entered into force. On
29 November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and
the Commission of the European Communities stating that, by virtue of the Treaty of Lisbon , as of
1 December 2009, the European Union replaces and succeeds the European Community.
1 Official Journal of the European Union, L 286/36, published 31.10.2009.
WT/DS401/1/Add.1, G/L/912/Add.1,
G/TBT/D/37/Add.1, G/AG/GEN/88/Add.1

− Commission Regulation (EU) No. 737/2010, adopted on 10 August 2010 laying down
detailed rules for the implementation of the Regulation (the "Implementing
Regulation");
2
− omissions to adopt adequate procedur es for establishing that seal products
conforming to the relevant conditions in the EU seal regime may be placed on the EU
market; and
− any other related measures adopted by the EU or its member States that guide,
amend, supplement, replace, and/or implement the rules set forth in the Regulation
and Implementing Regulation, whether adopt ed pursuant to these regulations or
otherwise.
 The EU seal regime imposes a general prohibition on the importation and sale of processed
and unprocessed seal products in the EU, thereby de priving Norway of access to a significant market
for its exports of these products. The EU seal regi me contains certain exceptions that set forth
circumstances in which seal products may be pl aced on the EU market. However, these exceptions
appear to discriminate in favour of seal products orig inating in the EU and in certain third countries.
The EU seal regime also includes elements of a system for certifying that seal products are in
conformity with the relevant condi tions for being placed on the EU market. This system, too, appears
to be discriminatory and trade-restrictive in a num ber of respects. Moreover, the Regulation and the
Implementing Regulation do not appear to establi sh adequate procedures for the assessment of
conformity of imported seal products with the relevant conditions for being placed on the EU market.

 The EU seal regime appears to be inconsis tent with the EU’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, 2.2, 5.1, 5.2, 5.4, 5.6, 6.1, 6.2, 7.1, 7.4, 7.5, 8.1 and 8.2 of the TBT
Agreement; and,
(iii) Articles I:1, III:4, and XI:1 of the GATT 1994.
 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 EU 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 EU’s reply to this request, and to fixing a mutually acceptable
date for consultations.