Product-Specific Measures

Measures at issue

In addition to the general de facto moratorium on approvals, the Complaining Parties are also challenging a number of product-specific measures. The Panel begins its analysis by setting out the Complaining Parties’ general descriptions of the measures at issue and the European Communities’ comments in response.

General

The United States notes that it is challenging the failure by the Commission and the member States to consider for approval certain applications specified in its request for the establishment of a panel. The United States refers to these product-specific measures as “product-specific moratoria”. According to the United States, these product-specific moratoria are separate measures from the general moratorium affecting all applications. The United States also notes, however, that they are similar measures in that both refer to the European Communities’ failure to consider applications for approval. Also, since the general moratorium applied to all applications, a necessary corollary is that the European Communities also adopted product-specific moratoria on each of the relevant applications specified in the United States’ panel request. Accordingly, the evidence and arguments the United States adduced in support of the existence of a general moratorium also establish the existence of the product-specific moratoria, and that the European Communities did not undertake and complete its approval procedures for each individual application without undue delay.

Canada states that it is challenging the failure by the European Communities to consider or approve, without undue delay, certain applications specified in its request for the establishment of a panel. Canada refers to the failure by the European Communities in this regard as the product-specific marketing bans. Canada contends that the general moratorium and the product-specific marketing bans are closely related, though distinct, measures. The product-specific marketing bans are a direct consequence of the moratorium as applied to individual applications. They are the manifestation of the moratorium in the context of the approval procedures of the four specific products of concern to Canada. Canada's arguments in relation to product-specific marketing bans are intended to focus on the direct and detrimental impact of the moratorium on specific applications.