[Gen-Streitfall] Fwd: WTO write-up of DSB meeting

[Wiebke Herding]

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From: Adrian Bebb <adrian.bebb at foeeurope.org>
Date: Tuesday, August 26, 2003, 12:13:41 PM

just in case you're interested, here is the brief write up of the Disputes 
Settlement Board meeting and confirmation that it will be discussed this 
Friday.

http://www.wto.org/english/news_e/news03_e/dsb_18aug03_e.htm


Dispute Settlement Body 18 August 2003
US, Canada and Argentina request panel to examine EU moratorium on biotech 
products



DS291, DS292 & DS293: European Communities Measures affecting the approval 
and marketing of biotech products

The US, Canada and Argentina introduced their first-time panel requests 
(respectively, 
<http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/DS/291-23.doc>WT/DS291/23, 
<http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/DS/292-17.doc>WT/DS292/17, 
& 
<http://docsonline.wto.org/imrd/directdoc.asp?DDFDocuments/t/WT/DS/293-17.doc>WT/DS293/17). 
They all stated that, regarding EC-level measures, the moratorium 
maintained since October 1998 on the approval of biotech products had 
restricted the imports of agricultural and food products. Regarding the EC 
member State-level measures, the complainants said that a number of EC 
member States maintain national marketing and import bans on biotech 
products even though those products have already been approved by the EC.

The US further clarified that the Sanitary and Phytosanitary Agreement 
recognizes that WTO members may adopt approval procedures for crops and 
food products, including biotech products, in order to protect health and 
the environment. The US emphasized that the EC procedures, as written, are 
not the focus of the US complaint. It is the EC's application of its 
measures governing the approval of biotech products. The US also expressed 
its concern that the EC measures were hindering the worldwide development 
and application of agricultural biotechnology a technology which, according 
to the US, has great promise for raising farmer productivity, reducing 
hunger and improving health in the developing world, and improving the 
environment.

Argentina added that agricultural products account for over half of 
Argentina's total exports, and that it is the second largest producer and 
exporter of biotech products in the world. Argentina said that the EC's 
behaviourdiscourages the introduction of the biotech process, and that it 
is particularly detrimental because EC has the ability to influence other 
WTO members.

In response, the EC expressed surprise and disappointment at the panel 
requests. The EC said that it had repeatedly made clear that the approval 
of genetically-modified organisms and genetically-modified food was 
possible in the EU, that a number of applications were being examined and 
decisions would be taken shortly. The EC further pointed out that 18 GMOs 
and 15 food products derived from GMOs have been approved and that these GM 
products are imported each year by the EC.

The EC said that it had serious doubts that the complaining members were 
interested in seeking a satisfactory outcome to the consultations. It said 
that it was puzzled by the US attitude during the consultations period 
which cast doubt about the US willingness to engage in a meaningful 
dialogue in good faith. The EC said that it was extremely disappointed that 
the members requesting a panel had not chosen the path of international 
cooperation to build an appropriate framework for the development of 
biotechnology, while seriously addressing any potential risks and social 
concerns. The EC emphasized that every country should be free to make its 
own decisions and to determine the appropriate level of protection for its 
citizens. The EC concluded by saying that it could not agree to the 
establishment of a panel.

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