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

1. WTO Case
Dispute settling Body Process

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
1

2. 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.)


2

3. Possible 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 )
3

4. Proposals

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


4

5. Implication of the Ruling

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
5

6. Conclusion

GMO ruling will demonstrate WTO’s readiness to deal with
precautionary principle related to trade, health and
environment issues



6

7. Conclusion

GMO ruling will demonstrate WTO’s readiness to deal with
precautionary principle related to trade, health and
environment issues



6