KOREA - MEASURES CONCERNING BOTTLED WATER
Document: Notification of Mutually Agreed Solution
Date: 6 May 1996
Document codes: WT/DS20/6; G/L/33/Add.1; G/SPS/W/35/Add.1; G/TBT/D/4/Add.1; G/MA/3/Add.1; G/AG/W/14/Add.1
Complainant: India
Respondent: U.S.
Third parties: Canada, EU, Norway, Pakistan, Turkey
Dispute stage: Appellate Body
Agreements cited: Art. 2, 6, 8  Textiles and Clothing

KOREA - MEASURES CONCERNING BOTTLED WATER
Notification of Mutually Agreed Solution
The following communication, dated 24 April 1996, from Canada and the Republic of Korea,
is circulated pursuant to Article 3.6 of the DSU.
In accordance with paragraph 6 of Article 3 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, the Governments of the Republic of Korea and Canada hereby
notify the Dispute Settlement Body that, with respect to the matter raised by the Government of Canada
in its request for consultations with the Republic of Korea dated 8 November 1995, regarding certain
laws and regulations of the Republic of Korea concerning bottled water, the parties have reached a
mutually satisfactory solution as set forth in the attached notification.
We would ask you to circulate the attached notification to the Dispute Settlement Body, the
Council for Trade in Goods, the Committee on Sanitary and Phytosanitary Measures, the Committee
on Technical Barriers to Trade, the Committee on Market Access and the Committee on Agriculture.
The Governments of the Republic of Korea and Canada wish to notify the Dispute Settlement
Body that, with respect to the matter raised by the Government of Canada in its request for consultations
with the Republic of Korea dated November 8, 1995, regarding certain laws and regulations of the
Republic of Korea concerning bottled water, the parties have reached a mutually satisfactory solution
based on the fulfilment of the undertakings set forth in the understanding that is attached hereto as
an annex.
This understanding is without prejudice to the rights or obligations of either Member under
the Agreement Establishing the .

.1

ANNEX
Letter from the Republic of Korea to Canada, dated 1 April 1996
As a result of bilateral consultations between our two governments, I am writing to confirm
that the following understanding has been reached on the issue of bottled water.
With respect to the issue of ozonation, the Government of the Republic of Korea will take every
measure available under its authority to amend the relevant laws and regulations with a view to allowing
the importation, sales and distribution of ozone-treated bottled water by January 1, 1997 if possible,
but no later than April 1, 1997. Towards this objective, the Government of the Republic of Korea
will:
- submit a bill to amend the Drinking Water Management Act to the regular session of
the National Assembly which begins in September 1996;
- undertake to implement any required regulatory changes immediately after the passage
of the bill;
- undertake to establish technical regulations on the use of ozonation in a way not to
create an unnecessary obstacle to international trade; and
- provide the Government of Canada with copies of the draft of the bill and its
enforcement regulations at the earliest opportunity.
In order to resolve the immediate shelf-life problems for bottled water, the Government of
the Republic of Korea will make its best efforts to ensure the transparency of its procedure for an
extension of shelf-life. The procedure will under normal circumstances take one month from the date
the application is received with supporting materials required under the relevant Korean regulations.
In this regard, upon request of the Government of Canada, the Government of the Republic of Korea
will provide copies of relevant regulations and other materials necessary to help understand the procedure.
The Government of Canada and the Government of the Republic of Korea will notify the relevant
bodies of the WTO that they have reached a mutually satisfactory solution based on the fulfilment of
the undertakings set out in this understanding with regard to the matter raised by the Government of
Canada on November 9, 1995. This letter and your letter in reply is without prejudice to the rights
or obligations of either Member under the Agreement Establishing the World Trade Organization.
Letter from Canada to the Republic of Korea, dated 1 April 1996
I acknowledge receipt of your letter dated April 1, 1996, that reads as follows:

"As a result of bilateral consultations between our two governments, I am writing to confirm
that the following understanding has been reached on the issue of bottled water.
With respect to the issue of ozonation, the Government of the Republic of Korea will take every
measure available under its authority to amend the relevant laws and regulations with a view to allowing
the importation, sales and distribution of ozone-treated bottled water by January 1, 1997 if possible,
but no later than April 1, 1997. Towards this objective, the Government of the Republic of Korea
will:
- submit a bill to amend the Drinking Water Management Act to the regular session of
the National Assembly which begins in September 1996;
- undertake to implement any required regulatory changes immediately after the passage
of the bill;
- undertake to establish technical regulations on the use of ozonation in a way not to
create an unnecessary obstacle to international trade; and
- provide the Government of Canada with copies of the draft of the bill and its
enforcement regulations at the earliest opportunity.
In order to resolve the immediate shelf-life problems for bottled water, the Government of
the Republic of Korea will make its best efforts to ensure the transparency of its procedure for an
extension of shelf life. The procedure will under normal circumstances take one month from the date
the application is received with supporting materials required under the relevant Korean regulations.
In this regard, upon request of the Government of Canada, the Government of the Republic of Korea
will provide copies of relevant regulations and other materials necessary to help understand the procedure.
The Government of Canada and the Government of the Republic of Korea will notify the relevant
bodies of the WTO that they have reached a mutually satisfactory solution based on the fulfilment of
the undertakings set out in this understanding with regard to the matter raised by the Government of
Canada on November 9, 1995. This letter and your letter in reply is without prejudice to the rights
or obligations of either Member under the Agreement Establishing the World Trade Organization".
I am pleased to confirm that your letter reflects our mutual understanding on the issue of bottled
water.
Canada also wishes to register that it views the above undertaking on shelf life as a temporary
solution for this issue. Canada intends to continue to encourage Korea to adopt a manufacturer
determined shelf-life system for bottled water.