u.s- eu world trade organization case- emanuel baisire

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1 WTO Case March 2004, DSB formed three Panelist to rule on the case Due to the nature of the case, dispute panel decided to seek expert advice on technical and scientific issues Panel report was originally expected in September 2004 but has been repeatedly delayed to August 5 th 2005 , October,2005 Panel Postponed the date for issuing its preliminary ruling to January, 2006 Dispute settling Body Process

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Plaintiffs are eligible for monetary compensation due to EU regulations (U.S.: $ 300 million) A decision against E.U will affect its regulatory system which will limit E.U.’s power to apply a precautionary approach Panel’s decision will serve as a precedent for future WTO rulings on food safety, public health and environment health U.S. is likely to file another case against E.U ‘s directive “2001/18” on Labeling and Traceability of GMOs

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Page 1: U.S- EU World Trade Organization Case- Emanuel Baisire

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WTO Case

March 2004, DSB formed three Panelist to rule on the case

Due to the nature of the case, dispute panel decided to seek expert

advice on technical and scientific issues

Panel report was originally expected in September 2004 but has

been repeatedly delayed to August 5th 2005 , October,2005

Panel Postponed the date for issuing its preliminary ruling to

January, 2006

Dispute settling Body Process

Page 2: U.S- EU World Trade Organization Case- Emanuel Baisire

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Possible Panel Decision…Possible Panel Decision…

Panel rule against EU:

EU violation of the SPS rule against “Undue delay” within the approval procedure of the SPS agreement

E.U’s failure to publish risk assessment of the harmfulness of biotech Products (Article 5.1)

EU’s alleged moratoria is in place without scientific evidence (Article 2.2.)

Page 3: U.S- EU World Trade Organization Case- Emanuel Baisire

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Possible Panel DecisionPossible Panel Decision

E.U’s violation of Article 5.5: application of SPS measures without discrimination to domestic and imported products (i.e. genetically engineered seeds VS processing agents)

Panel’s Rule against U.S.:

The panel might order U.S. to strengthen its approval and control procedures

of biotech companies (Mosanto case: Corn fed to rats changed kidney size )

Page 4: U.S- EU World Trade Organization Case- Emanuel Baisire

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ProposalsProposals

GMO and other biotech products must meet internationally acceptable scientific standards

The panel should limit the extent to which parties can rely on

International law norms not covered under WTO provisions

Labeling and traceability of GM products should not be used as a tool to limit GMO imports

Page 5: U.S- EU World Trade Organization Case- Emanuel Baisire

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Plaintiffs are eligible for monetary compensation due to EU regulations

(U.S.: $ 300 million)

A decision against E.U will affect its regulatory system which will limit E.U.’s power to apply a precautionary approach

Panel’s decision will serve as a precedent for future WTO rulings on food safety, public health and environment health

U.S. is likely to file another case against E.U ‘s directive “2001/18” on Labeling and Traceability of GMOs

Implication of the RulingImplication of the Ruling

Page 6: U.S- EU World Trade Organization Case- Emanuel Baisire

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ConclusionConclusion

GMO ruling will demonstrate WTO’s readiness to deal with precautionary principle related to trade, health and environment issues