European Communities – Measures Prohibiting the Importation and Marketing of Seal Products

E353370

European Communities – Measures Prohibiting the Importation and Marketing of Seal Products is a landmark WTO dispute in which the Appellate Body examined the compatibility of the EU’s ban on seal products with international trade rules, particularly in relation to public morals and animal welfare.

All labels observed (2)

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Statements (49)

Predicate Object
instanceOf Appellate Body report
WTO dispute
trade dispute
AppellateBodyDivision three-member division of the WTO Appellate Body
AppellateBodyReportAdopted 2014
complainant Canada
Norway
finding EU seal regime inconsistent with GATT Article I:1
EU seal regime inconsistent with GATT Article III:4
EU seal regime inconsistent with TBT Agreement Article 2.1
EU seal regime justified under GATT Article XX(a) subject to conditions
EU seal regime not inconsistent with TBT Agreement Article 2.2
forum World Trade Organization
importance important precedent on GATT Article XX(a)
important precedent on TBT non-discrimination
landmark case on public morals in WTO law
leading case on animal welfare and trade
keyIssue animal welfare
most-favoured-nation treatment
national treatment
necessity test under Article XX(a)
non-discrimination under GATT
public morals exception
legalBasisInvoked Agreement on Technical Barriers to Trade
General Agreement on Tariffs and Trade
surface form: GATT 1994

Article I of GATT 1994
surface form: GATT Article I:1

Article III of GATT 1994
surface form: GATT Article III:4

Article XX of GATT 1994
surface form: GATT Article XX

Article XX of GATT 1994
surface form: GATT Article XX(a)

Agreement on Technical Barriers to Trade
surface form: TBT Agreement

Agreement on Technical Barriers to Trade
surface form: TBT Agreement Article 2.1

Agreement on Technical Barriers to Trade
surface form: TBT Agreement Article 2.2
outcome EU required to bring its measures into conformity with WTO obligations
panelEstablished 2011
panelReportCirculated 2013
recognizedConcept members have some discretion in defining public morals
public morals may include animal welfare concerns
relatedConcept indigenous communities exception
marine resource management
relatedMeasure Commission Regulation (EU) No 737/2010 laying down detailed rules for the implementation of Regulation (EC) No 1007/2009
European Communities – Measures Prohibiting the Importation and Marketing of Seal Products self-linksurface differs
surface form: Regulation (EC) No 1007/2009 on trade in seal products
respondent European Economic Community
surface form: European Communities

European Union
shortName EC – Seal Products
subjectMatter ban on seal products
importation of seal products
marketing of seal products
WTOdisputeNumber DS400
DS401

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

WTO Appellate Body notableCase European Communities – Measures Prohibiting the Importation and Marketing of Seal Products
European Communities – Measures Prohibiting the Importation and Marketing of Seal Products relatedMeasure European Communities – Measures Prohibiting the Importation and Marketing of Seal Products self-linksurface differs
this entity surface form: Regulation (EC) No 1007/2009 on trade in seal products