Dispute Settlement
Canada–EU - Beef Hormones – An UPDATE
Recent events
On November 8, 2004, Canada received a request from the EU for
WTO consultations regarding Canada's retaliatory tariffs against
its beef hormones ban. Consultations between Canada and the EU took
place in Geneva on December 16, 2004.
In February 2005, the WTO Dispute Settlement Body approved the
EU's request for panel against Canada's and the U.S.'s WTO-authorized
retaliation against the EU's ban on imports of beef raised with
growth-promoting hormones. On June 6, 2005, the WTO Director General
appointed the panellists to hear this new case, and on June 17 the
panel presented a finalized timeline for the process ahead.
On August 1, 2005, the Panel granted the request of Canada, the
U.S. and the EU to open the panel hearings in this dispute to public
observation. Canada welcomes the decision of the WTO Panel to open
the hearings into the dispute between Canada and the EU to members
of the public. The request to the WTO Panel to open the hearings
to the public was a joint request by Canada, the United States and
the EU. Canada made the request because we believe that it will
contribute to greater transparency at the WTO and will help to demystify
the dispute settlement process.
On August 8, Canada filed its first written submission with the
Panel and the other Parties to the dispute, and is now preparing
for the first panel hearing, which will be held in Geneva, Switzerland,
from Sept 12-15, 2005. Further proceedings will continue through
the following months. Based on the current timeline, a final report
from the panel may be issued in March 2006.
Canada’s Position
Canada is disappointed that the EU has chosen to pursue this case,
which we believe is not well-founded. Canada is confident in its
positions in this case and is well prepared to successfully defend
them before this panel.
In 1999, the WTO-Dispute Settlement Body authorized Canada to retaliate
against the EU, after the EU had failed to comply with the 1998
findings of the DSB that the EU hormones ban violated WTO rules.
This authorization remains in effect to this day. The onus is on
the EU to demonstrate that it complies with the WTO ruling, and
until then our retaliation stays in effect.
Both Canada and the United States have consistently opposed the
EU hormones ban since it was imposed in 1989, on the basis that
it is not based on science. Our views on this have not changed.
Contrary to EU claims, Canada has not seen any new scientific evidence
to justify a ban on hormone-treated beef. The EU now asserts that
it is in compliance, but has neither sought nor received confirmation
from the WTO that this is true.
Like Canada, the U.S. also challenged the EU's ban on imports of
beef raised with growth hormones in the late 1990s, and received
authorization to retaliate in 1999. U.S. retaliation also remains
in place. The EU dispute with the U.S. is technically a separate
dispute from our own. However, the issues involved are identical,
and the same panellists will hear both cases at the same time. Canada
is working closely with the U.S. to ensure our positions are coordinated.
We will ensure that this close cooperation and mutual assistance
continues through to the resolution of this issue.
WTO Public Hearings
At the request of the parties in the "hormones" disputes,
the panels have agreed to open their proceedings with the Parties
during the 12-15 September 2005 period for observation by WTO Members
and the general public. As the WTO Secretariat is responsible for
all logistical arrangements, those interested in reserving a seat
in the room where the closed-circuit broadcast will be shown should
click on the following link for details on the registration procedure
(http://www.wto.org/english/news_e/news_e.htm)
(Seats are limited and to be allocated by the WTO on a first
come first served basis.)
Link to the History of the
Dispute
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