european communities – MEASURES AFFECTING the approval

and marketing of biotech PRODUCTS

Request for Consultations by the United States

            The following communication, dated 13 May 2003, from the Permanent Mission of the United States to the Permanent Delegation of the European Commission and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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            My authorities have instructed me to request consultations with the European Communities ("EC") pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), Article 19 of the Agreement on Agriculture ("Agriculture Agreement"), Article 14 of the Agreement on Technical Barriers to Trade ("TBT Agreement") and Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") with regard to certain measures taken by the EC and its member States affecting products of biotechnology ("biotech products").

            Since October 1998, the EC has applied a moratorium on the approval of biotech products.  The EC has suspended consideration of applications for, or granting of, approval of biotech products under the EC approval system.  A number of applications for placing biotech products on the market have been blocked in the approval process under EC legislation[1] and have never been considered for final approval.  The approvals moratorium has restricted imports of agricultural and food products from the United States.

Moreover, the member States maintain a number of national marketing and import bans on biotech products even though those products have already been approved by the EC for import and marketing in the EC.  The national marketing and import bans have restricted imports of agricultural and food products from the United States.