EUROPEAN COMMUNITIES – MEASURES PROHIBITING THE IMPORTATION AND MARKETING OF SEAL PRODUCTS
Document: Request for Consultations by Canada Addendum
Date: 21 October 2010
Document codes: WT/DS400/1/Add.1; G/L/909/Add.1; G/TBT/D/36/Add.1; G/AG/GEN/87/Add.1
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 Consultations by Canada

Addendum

 The following communication, dated 18 Octobe r 2010, from the delegation of Canada to the
delegation of the European Union
1 and to the Chairman of the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.

 On 2 November 2009, Canada requested c onsultations with the European Communities
regarding Regulation (EC) No. 1007/2009 of the Eur opean 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.

 Subsequently, on 17 August 2010, the European Commission published Commission
Regulation (EU) No. 737/2010, which lays down detailed rules for the implementation of Regulation
(EC) No. 1007/2009 of the European Parliame nt and of the Council on trade in seal products
("implementing measure").

 To take this development into account, Canada hereby requests supplem entary consultations
with the European Union with resp ect to the implementing measure. In addition, Canada may also
wish to consult further on matters pertaining to Regulation EC No 1007/2009 that were previously
raised at the consultations held on 15 December 20 09 or that have since arisen as a result of the
implementing measure or otherwise. These supplementary consultations with the European Union are
being requested pursuant to Articles 1 and 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") and Article 14 of the Agreement on Technical Barriers to Trade ("TBT
Agreement").

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.
WT/DS400/1/Add.1, G/L/909/Add.1,
G/TBT/D/36/Add.1, G/AG/GEN/87/Add.1

 The implementing measure, either in itself or in combination with Regulation (EC) No.
1007/2009, appears to be inconsistent with the European Union’s obligations under the Marrakesh
Agreement Establishing the World Trade Organization, including:

(i) Articles I:1, III:4 and XI:1 of GATT 1994
(ii) Articles 2.1, 2.2, 5.1, 5.2, 5.4, 5.6, 6.1, 6. 2, 7.1, 7.2, 7.4, 7.5, 8.1 and 8.2 of the TBT
Agreement
(iii) Article 4.2 of the Agreement on Agriculture

 Canada reserves the right to raise additional cl aims and legal matters during the course of the
supplementary consultations.

 Canada looks forward to receiving the reply of the European Union to this request and
welcomes any suggestions that it might wish to make concerning the date on which these
supplementary consultations could take place, and their location.