A case study on Technical barrier to Trade

1. What’s a Sardine, but a
Sardine!
Vs
Vs

2. European
Communities
ECSC EAEC EEC
Summary of the dispute
THIS DISPUTE INVOLVED AN EC REGULATION
FAVORING SARDINES CAUGHT OFF THE EUROPEAN
COAST.
THE REGULATION ALLOWED THE SALE OF ONLY
SARDINA PILCHARDUS CAUGHT OFF THE COAST OF
EAST NORTH ATLANTIC, THE MEDITERRANEAN SEA
AND BLACK SEA UNDER THE LABLE OF SARDINES IN
THE EC MARKET.

3. THE REGULATION DID NOT ALLOW THE SALE OF
SARDINOPS SAGAX UNDER THE LEVEL OF
SARDINES IN THE EC MARKET. SARDINOPS SAGAX
WAS ANOTHER VARIETY OF THE SARDINE SPECIE
FOUND ALONG THE COASTS OFF PERU AND CHILLE.
THE CORE POINT TO BE DECIDED WAS
WHETHER THE EC LABELLING REGULATION
THAT FAVORED ONE SARDINE SPECIES OVER
ANOTHER CONFIRMED TO THE AGREEMENT ON
TBT.
EC ARGUED THAT SALE OF SPECIES OTHER THAN
SARDINA PILCHARDUS UNDER THE LEVEL OF
SARDINES WOULD CONFUSE THE EUROPEAN
CONSUMER.

4. PERU COUNTER ARGUED THAT SARDINA
PILCHARDUS AND SARDINOPS SAGAX WERE LIKE
PRODUCTS AND HENCE SHOULD BE TREATED
SIMILARLY. THIS INFERENCE, ACCORDING TO PERU
COULD BE MADE FROM THE 1994 STANDARD OF
CODEX, A WTO RECOGNIZED INTERNATIONAL FOOD
STANDARDS AUTHORITY.
THE APPELLATE BODY, IN ITS REPORT OF
SEPTEMBER 26, 2002 CONCLUDED THAT THE EC
REGULATION WAS NOT BASED ON THE CODEX
STANDARD, WHICH WAS A RELEVANT
INTERNATIONAL STANDARD WITHIN THE MEANING
OF THE TBT AGREEMENT.
THE EC WAS ASKED TO BRING ITS REGULATION IN
CONFORMITY WITH THE TBT AGREEMENT.

6. THE CORE POINT TO BE DECIDED WAS WHETHER
THE EC LABELING REGULATION THAT FAVORED ONE
SARDINE SPECIES OVER ANOTHER CONFORMED TO
THE AGREEMENT ON TECHNICAL BARRIERS TO
TREAD (TBT).
EC ARGUED THAT SALE OF SPECIES OTHER THAN
SARDINE PILCHARDUS UNDER THE LABEL OF
“SARDINES” WOULD CONFUSE THE EUROPEAN
CONSUMERS.
PERU COUNTER ARGUED THAT SARDINA
PILCHARDUS AND SARDINOPS SAGAX WARE “LIKE
PRODUCTS” AND HENCE SHOULD BE TREATED
SIMILARLY.
THIS INFERENCE, ACCORDING TO PERU , COULD BE
MADE FROM THE 1994 STANDARD OF CODEX, A WTO
RECOGNIZED INTERNATIONAL FOOD STANDARD
AUTHORITY.

7. The EC regulation stipulated that only products made
from sardine pilchardus (inhabited in cost of north
Atlantic, he Mediterranean sea and Black sea) could be
sold in the EC market under the label of “Sardines”.
The regulation made no mention of other sardines
species that were found in costal waters elsewhere.
V/S
The Codex Alimentarius Commission (Codex), An
international food standards and the WTO , makes a
provision For Preparation Of Canned Sardines from a
list that includes not only Sardine pilchards but also
Sardinops sagax and 19 other types