GD/175
The EC Animal Hormones Directive (85/649/EEC)
Other titles
Products at Issue
| Products at issue |
Animal hormones
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| Type of product |
Non-agricultural
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| Product sub-type |
Other Non-Ag products
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Related disputes
| GATT | |
| WTO |
Key legal aspects
| Legal basis |
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| Claims raised |
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| Defences raised |
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Timeline
| Request for consultations |
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| Request for establishment |
Outcome
| Outcome of the proceedings |
Consultations held
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| Additional Info | TBT/Spec/18 (09/03/1987) Request for a Committee Investigation Pursuant to Article 14:4 of the [TBT] Agreement (06/03/1987).TBT/M/24 (03/06/1987) Minutes of Meeting of TBT Committee (9-10/03/1987) US agreed to suspend its request for a Committee investigation for two weeks to await a written response from the EEC to the US proposals. 29/04/1987 US Request to the Committee for a Committee Investigation TBT/M/Spec/5 (15/07/1987) Minutes of TBT Committee Meeting (22/05/1987) Committee "invited the Chairman to provide his good offices in the informal consultations (...) It was also agreed that the Committee would pursue its investigation in a meeting (...) in restricted session." TBT/Spec/19 (15/06/1987) Communication from the US (09/06/1987) Points for Consideration in the Committee's Investigation. TBT/M/Spec/6 (17/08/1987) Minutes of TBT Committee Meeting (24/06/1987) Committee pursued its investigation in restricted session. TBT/Spec/20 (15/07/1987) Communication from the US (13/07/1987) Request for the Establishment of a Technical Expert Group (TEG) pursuant to TBT Article 14:9. TBT/Spec/21 (27/07/1987) Communication from the EEC (23/07/1987) Non-Applicability of the [TBT] Code to Processes and Production Methods and Application of Article 14:25 TBT/M/Spec/7 (02/10/1987) Minutes of the TBT Committee Meeting (23-24/07/1987) The Committee pursued its investigation in a restricted session. EEC: "considered that, while the provisions of [TBT] Article 14.25 entitled a Party to invoke the dispute settlement procedures with respect to a PPM, it was for the Committee to decide on the procedures it would be appropriate to apply to the case in question. The procedures in Article 14 were designed for measures that fell under the coverage of the Agreement and could not apply indiscriminately to a case of PPMs prior to a legal evaluation of the existence of circumvention. So long as circumvention had not been proven, the Community opposed the request for the establishment of a TEG to examine the scientific justification and legitimacy of the EC Directive, and in particular the question of whether it was necessary for the protection of human health." (Original not underlined) Committee "took note that both parties agreed to hold a further meeting to pursue the investigation under Article 14.4." (Original underlined) TBT/M/Spec/8 (23/11/1987) Minutes of TBT Committee Meeting (16/09/1987): "the Chairman said that in the course of its investigation under Article 14.4, the Committee had noted a number of proposals (...) The Committee had before it a request for the establishment of a TEG under Article 14.9(...) [T]he Committee was open to any further suggestions for finding a mutually satisfactory solution to the matter, and that the Committee should meet as appropriate." TBT/M/28 (02/09/1988) Minutes of TBT Committee Meeting (12/07/1988) US: the "establishment of this technical expert group had been blocked since July 1987, as a result of the opposition by the delegation of the European Economic Community." "Over the past year, (...) bilateral consultations on the matter without reaching a solution." TBT/M/30 (02/06/1989) Minutes of TBT Committee Meeting (18/01/1989) US: the EEC "raised the retaliation measures by the United States in response to the EEC's hormone ban" in the GATT Council. EEC "inappropriate to mix up procedures within this Committee and those under the General Agreement". TBT/M/32 (01/12/1989) Minutes of TBT Committee Meeting (19/09/1989) US: "Bilateral consultations had continued since the formal proceedings under the Agreement had failed to give the United States the right to relief from what they continued to consider an unjustified trade barrier." (...) [R]eminded the Committee of their request [of a technical expert group] and of the fact that the European Economic had not permitted their action to be subject to proper scientific enquiry in this forum." EEC "bilateral discussions on this matter were continuing." L/6598 (04/12/1989) Report (1989) of the TBT Committee: "At its thirtieth and thirty-second meetings, the Committee took note of statements by the delegations of the United States and the European Economic Community on the United States case against the EC Animal Hormone Directove (85/649/EEC) andf the recourse by the European Community to the GATT Council regarding the retaliatory measures announced by the United States (TBT/M/30, paragraphs 38-40, C/M/228, L/6438, TBT/M/32, paragraphs 49-50)." See TBT/M/24, TBT/M/Spec/5, TBT/M/Spec/6, TBT/M/Spec/7, TBT/M/Spec/8, TBT/Spec/18, TBT/Spec/19, TBT/Spec/20, TBT/Spec/21. |