European Communities – Trade Description of Scallops, requests by Canada (WT/DS7), Peru (WT/DS12) and Chile (WT/DS14): Report of the Panel (Request by Peru and Chile)

Summary

On 18 July 1995, the Government of Peru to the WTO requested consultations with the European Communities (“EC”) concerning French Order NOR MERP9300051A of 22 March 1993 and its amendments, relating to the official names and permitted trade descriptions of scallops in France. This request was made pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”), Article 14.1 of the Agreement on Technical Barriers to Trade (“TBT Agreement”), and Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”). In accordance with Article 4 of the DSU, the request was circulated to Members of the World Trade Organization (“WTO”) on 25 July 1995 (WT/DS12/1).

Pursuant to Article 4.11 of the DSU, on 27 July 1995, Chile (WT/DS12/2) and Canada (WT/DS12/3) requested to be joined in the consultations initiated by Peru. On 31 July 1995, the EC informed the Dispute Settlement Body (“DSB”) that it had accepted these requests (WT/DS12/4). Consultations were held on 10 August 1995.

These consultations failed to settle the dispute and, on 18 September 1995, Peru requested the DSB to establish a panel, at its next meeting, pursuant to Article XXIII of GATT 1994, Article 14 of the TBT Agreement and Articles 4 and 6 of the DSU (WT/DS12/7). Peru requested that the panel consider and find that the French Order and subsequent amendments are:

(a) inconsistent with Articles 2 and 12 of the TBT Agreement;

(b) inconsistent with Articles I and III of GATT 1994; and

(c) nullifying and impairing benefits accruing to Peru under the WTO Agreement.

On 24 July 1995, the Government of Chile requested consultations with the EC concerning the same French Order referred to above in paragraph 1. This request was made pursuant to Article XXII:1 of GATT 1994, Article 14.1 of the TBT Agreement and Article 4 of the DSU. In accordance with Article 4 of the DSU, the request was circulated to Members of the WTO on 31 July 1995 (WT/DS14/1).

Pursuant to Article 4.11 of the DSU, Canada on 2 August 1995 (WT/DS14/2), Peru on 11 August 1995 (WT/DS14/3) and Japan on 10 August 1995 (WT/DS14/4) requested to be joined in the consultations initiated by Chile. The EC accepted these requests and consultations were held on 10 August 1995, jointly with the consultations referred to in paragraph 2.