INTRODUCTION

Complaint of the United States

On 13 May 2003, the United States requested consultations with the European Communities pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”), Article 19 of the Agreement on Agriculture, Article 14 of the Agreement on Technical Barriers to Trade (“TBT Agreement”) and Article XXII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) with regard to certain measures taken by the European Communities and its member States affecting products of biotechnology (“biotech products”).

On 19 June 2003, the United States and the European Communities held the requested consultations, but failed to reach a mutually satisfactory resolution of the matter.

On 7 August 2003, the United States requested the establishment of a panel to examine the matter.

Complaint of Canada

On 13 May 2003, Canada requested consultations with the European Communities pursuant to Article 4 of the DSU, Article XXII of the GATT 1994, Article 11 of the SPS Agreement, Article 19 of the Agreement on Agriculture, and Article 14 of the TBT Agreement, concerning measures affecting the approval and marketing of products that contain, consist of, or are produced from, genetically modified organisms.

On 25 June 2003, Canada and the European Communities held the requested consultations, but failed to reach a mutually satisfactory resolution of the matter.

On 7 August 2003, Canada requested the establishment of a panel to examine the matter.

Complaint of Argentina

On 14 May 2003, Argentina requested consultations with the European Communities pursuant to Article 4 of the DSU, Article 11.1 of the SPS Agreement, Article 19 of the Agreement on Agriculture, Article 14.1 of the TBT Agreement, and Article XXII.1 of the GATT 1994 with regard to certain measures taken by the European Communities and their member States which affect products of biotechnology.

On 19 June 2003, Argentina and the European Communities held the requested consultations, but failed to reach a mutually satisfactory resolution of the matter.