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Assessing the WTO Panel Report in EC-B iotech

Assessing the WTO Panel Report in EC-B iotech 47 Assessing the WTO Panel Report in EC-B iotech Lorenz Franken and Jan-Erik Burchardi* I. Introduction' 1 The report of the Panel in EC-Biotech2 can be con- sidered a milestone in WTO dispute settlement history. Undoubtedly it has been one of the dis- putes attracting the highest degree of attention by the public, not only in Europe. More import- antly, however, the Panel report covers a number of issues with a huge systemic importance for WTO law. Compared to the scope of the numerous assess- ments of the consistency of EC trade restrictions for GMOs with WTO requirements that existed already prior to EC-Biotech3, the measures at stake in the specific dispute were limited. Three cat- egories of EC measures were challenged by the US, Canada and Argentina and led the Panel to the fol- lowing conclusions: - According to the Panel, the EC applied a 'de facto moratorium' between June 1999 and August 2003 meaning that because of the moratorium no approvals were granted for the placing on the market of a GMO. This resulted in `undue delay' in terms of Annex C(i)(a), first clause, and Article 8 of the SPS Agreement. * Dr. Lorenz Franken, Maître http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal for European Environmental & Planning Law Brill

Assessing the WTO Panel Report in EC-B iotech

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Publisher
Brill
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1613-7272
eISSN
1876-0104
DOI
10.1163/187601007X00406
Publisher site
See Article on Publisher Site

Abstract

47 Assessing the WTO Panel Report in EC-B iotech Lorenz Franken and Jan-Erik Burchardi* I. Introduction' 1 The report of the Panel in EC-Biotech2 can be con- sidered a milestone in WTO dispute settlement history. Undoubtedly it has been one of the dis- putes attracting the highest degree of attention by the public, not only in Europe. More import- antly, however, the Panel report covers a number of issues with a huge systemic importance for WTO law. Compared to the scope of the numerous assess- ments of the consistency of EC trade restrictions for GMOs with WTO requirements that existed already prior to EC-Biotech3, the measures at stake in the specific dispute were limited. Three cat- egories of EC measures were challenged by the US, Canada and Argentina and led the Panel to the fol- lowing conclusions: - According to the Panel, the EC applied a 'de facto moratorium' between June 1999 and August 2003 meaning that because of the moratorium no approvals were granted for the placing on the market of a GMO. This resulted in `undue delay' in terms of Annex C(i)(a), first clause, and Article 8 of the SPS Agreement. * Dr. Lorenz Franken, Maître

Journal

Journal for European Environmental & Planning LawBrill

Published: Jan 1, 2007

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