USTR Seeks Comments on WTO Dispute Over the EC's Measures Affecting Agricultural Biotechnology Products
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting written comments by April 6, 2004 regarding the establishment of a World Trade Organization (WTO) dispute settlement panel concerning measures of the European Communities (EC) affecting the approval and marketing of the products of agricultural biotechnology (biotech products).
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According to the USTR, the U.S. considers these measures of the EC and its member states to be inconsistent with the EC's obligations under the Agreement on the Application of Sanitary and Phytosanitary Measures, the General Agreement on Tariffs and Trade 1994 (GATT 1994), the Agreement on Agriculture, and the Agreement on Technical Barriers to Trade.
The USTR notes that in addition to the U.S.' request for this dispute settlement panel, panels have also been composed at the request of Argentina and Canada to examine these EC measures.
USTR Identifies Specific EC Measures as Inconsistent with WTO Obligations
The USTR indicates that the specific EC measures at issue are as follows:
the suspension by the EC of consideration of applications for, or granting of, approval of biotech products;
the failure by the EC to consider for approval applications for the biotech products mentioned in Annexes I and II to the USTR's notice; and
(Annex I, entitled Applications Under EC Directives 2001/18 and 90/220 - Deliberate Release, lists certain types of oilseed rape, red-hearted chicory, fodder beet, cotton, starch potato, corn, soybeans, sugar beet, tomato, etc.
Annex II, entitled Applications Under EC Regulation 258/97 - Novel Foods, lists certain types of radicchio rosso, green hearted chicory, corn, soybeans, sugar beet, etc.)
national marketing and import bans maintained by EC member states, as described in Annex III to the USTR's notice.
(Annex III, entitled EC Member State Marketing and Import Bans, lists the marketing and import bans maintained by EC member states, as follows: Austria (certain corn), France (certain rapeseed), Germany (certain corn), Greece (certain rapeseed), Italy (certain corn), and Luxembourg (certain corn).)
(See ITT's Online Archives or 03/09/04 news, 04030935, for BP summary of the USTR's notice requesting comments by March 26, 2004 on the WTO dispute over the EC's protection of geographical indications for agricultural foodstuffs.)
- submit comments on or before April 6, 2004 to be assured of timely consideration.
| William Busis | (legal) | (202) 395-3150 |
| Richard White | (sanitary & phytosanitary affairs) | (202) 395-6127 |
USTR notice (D/N WTO/DS-291, FR Pub 03/12/04) available at http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-5589.pdf