EU Biotech Case

In the News

• EU Decides not to Appeal WTO Biotech Ruling (Bridges Trade BioRes, 1 December 2006)
• Biotech Panel Calls On EU To Conform With WTO Rules (Bridges Trade BioRes, 6 October 2006)
• European Ombudsman Overrules Commission on Release of Biotech Submission (Bridges Trade BioRes, 28 July 2006)
• Final WTO Biotech Panel Report Maintains Verdict Against EU (Bridges Trade BioRes, 19 May 2006)
• WTO Panel Provisionally Rules Against EU Moratorium On Biotech Approvals (Bridges Trade BioRes, 8 February 2006)
• More News...

Additional Resources

Panel documents | Submissions | Amicus curiae briefs | Comments and analyses | Other

• Documents by the panel
  
  European Communities - Measures Affecting the Approval and Marketing of Biotech Products - Reports of the Panel, 29 September 2006 (also available in French and Spanish)
  
  WTO web sections on the the dispute (DS291 - US, DS292 - Canada, DS293 - Argentina)
  
  Interim Report of the WTO EU- Biotech panel, Descriptive (pages 1-248) and Findings (pages 249-1050)
  
  European Communities - Measures Affecting the Approval and Marketing of Biotech Products - Communications from the Chairman of the Panel: 20 August 2004, 2 November 2004, 15 June 2005, 15 August 2005, 21 December 2005, 14 July 2004
  
  Panel Members: Christian Haberli (Switzerland), Mohan Kumar (India), Akio Shimizu (Japan)
  
  
• Submissions by the Parties to the WTO
  
  Second Oral Statement at the Second Meeting of the Panel with the Parties, 22 February
  First Oral Statement of the EC at the Second Meeting of the Panel with the Parties, 21 February 2005
  Comments by the European Communities on the Scientific and Technical Advice to the Panel, Geneva, 28 January 2005 Parts I, II and III and Annexes 1 and 3.
  Supplementary Rebuttal Submission by the European Communities, 15 November 2004
  EC Comments on Draft Questions to the Experts, 14 September 2004
  Final position of the European Communities on the Need to Seek Scientific or Technical Expert Advice, 22 July 2004
  Second Written Submission by the European Communities, 19 July 2004
  Oral Statement by the European Communities at the First Meeting of the Panel with the Parties, 2 June 2004
  First Written Submission by the European Communities, 17 May 2004.
  EC response to Members' consultation requests: Argentina; Australia, Brazil, Canada, Chile, Colombia, India, Mexico, New Zealand, Peru
  EC website on the dispute
  
  Comments of the United States on the EC’s Final Position on Whether to Seek Advice from Scientific Experts, 27 July 2004.
  Oral Statement by the US, 2 June 2004 (summary)
  First Submission of the United States, 21 April 2004
  Response of the United States to the Questions by the Panel Pertaining to the Request of the European Communities for a Preliminary Ruling, 29 March 2004
  Request for the Establishment of a Panel by the United States, 8 August 2003
  US Consultation Request to the European Commission, 20 May 2003
  WTO documents related to the case brought by the US (WT/DS291/*)
  Joined by: Australia, Argentina, Brazil, Canada, Chile, Colombia, India, Mexico, New Zealand and Peru
  
  First Submission of Canada, 21 April 2004.
  Canada's Consultation Request to the European Commission, 20 May 2003
  Request for the Establishment of a Panel by Canada, 8 August 2003
  WTO documents realted to the case brought by Canada (WT/DS292/*)
  Joined by: Australia, Argentina, Brazil, India, Mexico, New Zealand and the US
  
  Argentina's Consultation Request to the European Commission (21 May 2003)
  Request for the Establishment of a Panel by Argentina (8 August 2003)
  WTO documents related to the case brought by Argentina (WT/DS293/*)
  Joined by: Australia, Brazil, Canada, India, Mexico, New Zealand and the US
  
  
• Other document from the US

US and Cooperating Countries File WTO Case Against EU Moratorium on Biotech Foods and Crops (USTR Press Release, 13 May 2003)
Press Conference with Agriculture Secretary Ann M. Veneman and U.S. Special Trade Representative, Ambassador Robert T. Zoellick regarding the EU Moratorium on Biotech Crops and Food (13 May 2003)

• Other document from the European Union

European Commission regrets US decision to file WTO case on GMOs as misguided and unnecessary (DG Trade Press Release, 13 May 2003)
Questions and Answers on the regulation of GMOs in the EU (4 March 2003)
Greens/EFA condemn US-led assault on EU's regulation of GMOs (Press Release, 13 May 2003)
European Commission regrets the request for a WTO panel on GMOs (18 August 2003)

• Amicus curiae briefs
  
  Amicus curiae brief submitted by CIEL, FOE-US, Defenders of Wildlife, IATP and OCA-US, 2 June 2004.
  
  Amicus curiae brief submitted by an international coalition of 15 public interest groups to the biotech dispute, 27 May 2004 (summary)
  

  Amicus curiae brief submitted by a trans-Atlantic group of expert academics to the biotech dispute, 27 May 2004.
  

• Comments and analyses
  
  A Preliminary Analysis of the WTO Biotech Ruling, by Heike Baumüller and Yvonne Apea, Bridges, November 2006.
  Genetic Engineering and the WTO: an Analysis of the Report in the ‘EC-Biotech’ Case, By Duncan EJ Currie for Greenpeace.
  The WTO GMO Dispute: Implications for developing countries and the need for an appeal, by Alice Palmer for GeneWatch UK, the RSPB, Forum for Biotechnology and Food Security and the GM Freeze, November 2006.
  EC-Biotech: Overview and Analysis of the Panel's Interim Report, Center for International Environmental Law (CIEL), March 2006.
  Overview of the WTO Biotech Dispute and the Interim Ruling, ICTSD, March 2006.
  
  
• Other documents

IATP: The WTO’s EC-Biotech Products ruling and the Cartagena Protocol, October 2006.
Friends of the Earth: Transatlantic biotech trade war: "No Winners" says FoEE as WTO makes ruling public, 29 September 2006
EuropaBio: Q&A on the WTO trade dispute over genetically modified products, 29 September 2006
IATP: WTO Biotech Ruling Threatens Precautionary Approach, 29 September 2006
Greenpeace: Genetic Engineering and the WTO: an Analysis of the Interim Report in the ‘EC-Biotech’ Case, September 2006.
Friends of the Earth: Looking behind the US spin: WTO ruling does not prevent countries from restricting or banning GMOs, February 2006.
WTO and Biotech Food: Who Really Won?, Henry Miller, TCS Daily, February 2006
IATP: An Initial Analysis of the WTO's Biotech Dispute, February 2006.
Pew Initiative on Food and Biotechnology: U.S. vs. EU: An Examination of the Trade Issues Surrounding Genetically Modified Food, December 2005.
IATP: U.S. Vs. EC Biotech Products Case: WTO Dispute Backgrounder, September 2005.
The GMO Dispute Before The WTO: Legal Implications For The Trade And Environment Debate, Francesco Sindico, January 2005.
Public Citizen: Bush administration undercuts democracy by challenging European moratorium on genetically modified organisms, 13 May 2003
Greenpeace: USA launches trade war with Europe over GM foods, 13 May 2003
Council of Canadians: Canada joins a WTO action against the EU over GMO ban - Not in our name, 13 May 2003
Organic Consumers Association: OCA Condemns Announcement of WTO challenge on Modified Foods, 14 May 2003
Council for Responsible Genetics: “Coalition of the Willing” Files Complaint Against EU GM Food Restrictions, 14 May 2003
European Consumers' Organisation: Letter to the US ambassador on the WTO challenge to the current moratorium on GMOs in the EU, 22 May 2003 Domestic Import Regulations for Genetically Modified Organisms and their Compatibility with WTO Rules - Some Key Issues, IISD-ICTSD Trade Knowledge Network, 2003: Full report | Executive Summary
Procedure and Timeline for a WTO Case
Chronology (since 1990)