Brussels, 16/07/2009 (Agence Europe) - On Wednesday 15 July in Geneva, the EU and Canada signed an agreement for final settlement of the WTO dispute that Ottawa brought against the EU in May 2003 regarding the application of EU legislation on genetically modified products (DS 292). The mutually agreed solution provides for the establishment of regular dialogue on issues of mutual interest regarding agricultural biotechnology. The agreement provides for the organisation of bi-annual meetings between the relevant services of the European Commission and Canadian authorities on themes such as: - GM product approvals in the territory of Canada or the EU as well as, where appropriate, forthcoming applications of commercial interest to either side; - the commercial and economic outlook for future approvals of genetically modified products; - any trade impact related to asynchronous approvals of genetically modified products or the accidental release of unauthorised products, and any appropriate measures in this respect; - any biotech-related measures that may affect trade between Canada and the EU, including measures of EU member states; - any new legislation in the field of agriculture biotechnology; - and best practices in the implementation of legislation on biotechnology. According to the Commission the aim of dialogue is to have an exchange of information that would contribute to avoiding unnecessary obstacles to trade. The Commission goes on to add that the EU is not expected to modify its current regulatory regime on biotech products, which was never subject to WTO challenge in itself.
The EU and Canada will notify their agreement to the WTO Dispute Settlement Body as a “mutually agreed solution”. The EU has still to agree with Argentina and the United States which have also filed a complaint on the same subject against the EU at the WTO (DS 291 and DS 293). “The mutually agreed solution with Canada is a clear sign that this type of dialogue works. I hope we can follow the same constructive approach with Argentina and the United States”, Trade Commissioner Catherine Ashton states in a press release. Following a complaint by the US, Canada and Argentina against the EU on application of its legislation on biotech products in 2003, the WTO Dispute Settlement Body (DSB) adopted three panel reports in November 2006 pointing to violation of the WTO Sanitary and Phytosanitary (SPS) agreement on three grounds: - application by the EU of a general de facto moratorium on approval of GM products from June 1999 to August 2003; - existence of undue delays with respect to 23 product-specific applications; - and the introduction of national safeguard measures by 6 member states, which were found not to be based on an appropriate risk assessment. The EU and the three complainants had then decided to hold technical discussions on themes concerning biotechnologies, without being limited to issues of implementation of the WTO panel recommendations. (E.H./transl.jl)