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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
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DS291: European Communities — Measures affecting the approval and marketing
of biotech products
US request to impose sanctions challenged by EC, referred to arbitration.
The US introduced its request for authorization to impose sanctions
(WT/DS291/39) in the GMO case by pointing out that, even though more than
four and half years had passed since it brought the case to the WTO in May
2003, the dispute remained unresolved.
The US recalled that the period of time for EC compliance had expired on 11
January 2008, and that on 14 January the US and the EC had reached an
agreement (WT/DS291/38) concerning the procedure under Articles 21 and 22 of
the Dispute Settlement Understanding (DSU). The US and the EC had agreed
these procedures with the intention of allowing discussions aimed at
resolving this dispute, according to the US.
The US also said that in line with these procedures, the EC had objected to
the level of sanctions and had claimed that the US had not followed the DSU
principles or procedures in Article 22.3 (WT/DS291/40). Hence, the matter
had been referred to arbitration under DSU Article 22.6
The EC spoke briefly and echoed the US statement. The EC also confirmed
that, in line with the agreed procedures, both the US and the EC would
request the arbitrator to suspend its work to allow the two parties to
continue the “constructive dialogue” which started in 2007.
DS337: EC — Antidumping measures on farmed salmon from Norway
Introducing this item, the DSB chair said that according to Article 21.3 of
the DSU, the member concerned had to inform the DSB of its intention
concerning implementation, within 30 days of adoption of the ruling.
The DSB had adopted the Panel report on 15 January 2008.
The EC said it intended to ensure full implementation and that it had
already begun the necessary steps towards full implementation.
The EC added that it would need a reasonable period of time to ensure full
implementation given the “complexity and highly fact-intensive nature of the
dispute.”
Norway was satisfied with the EC's statement and added it was ready to
discuss on the question of the reasonable period of time.
Norway said it expected the EC to repeal the antidumping measure on
Norwegian salmon emphasising that the “overall scope, the significance and
the number of infringements of WTO rules were such that the EC had no choice
but to remove the antidumping measure in its entirety. Re-calculations
cannot remove all the violations.”
The EC responded that despite repeated Norwegian requests for the repeal of
the EC measure, the panel explicitly refused to recommend it. The EC added
it would implement the ruling on the basis of the panel's recommendations.
Next
meeting back to top
The next meetings of the DSB
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15 February 2008
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19 February 2008
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