캐나다는 2009년 4월 9일 자국산 쇠고기에 대한 한국의 수입금지조치 등이 WTO 협정에 위반된다는 사유로 한국을 WTO에 제소했습니다. 4월 28일 EU도 제소에 참여할 것을 요청했습니다.
5월 7일 한국과 캐나다는 WTO 양자협의를 개최하였으나 상호 원칙적인 입장만 확인하였습니다. 통상 분쟁 사안이 WTO에 제소되면 양 당사국은 1단계로 60일간 협의를 진행하도록 되어 있습니다. 이 기간동안 한-캐나다는 단 1회의 공식 협의를 했을 뿐이고, 비공개 협의는 계속 해왔던 것으로 보입니다.
7월 20일, 캐나다에서 WTO 분쟁해결기구에 패널 설치를 요청하였고, 한국은 이를 거부하였습니다. 그러나 8월 20일 캐나다측의 2차 패널 설치 요청으로 8월 31일 패널이 설치되었습니다. 분쟁해소패널 절차가 진행 중이더라도 양자가 합의점을 찾으면 언제든 분쟁은 종료됩니다.
11월 13일 마가렛 리앙을 주심으로 마디디아 프란케, 구드문두르 헬케이슨을 위원으로 하는 3인 패널이 설치되었습니다. (Chairperson: Ms Margaret Liang / Members: Mr Mathias Francke , Mr Gudmundur Helgason )
11월 16일 아르헨티나, 브라질, 인도, 중국, 유럽연합(EU), 일본, 대만, 미국 등 8개국이 제3자국 자격으로 분쟁해소패널 절차에 참여하는 권리를 부여받았습니다.(9월 22일, 농식품부 발표에 따르면 이들 8개국은 이미 제3자국 참여의사를 분쟁해소패널에 밝혔다고 합니다.)
8개국 중에서 아르헨티나, 브라질, 인도, 중국, 유럽연합, 미국은 수출국 입장에서 참여한 것이고 일본과 대만은 수입국 입장에서 참여한 것입니다. 한-캐나다 분쟁해결기구의 패널 판정 결과에 따라 아르헨티나, 브라질, 인도, 중국, 유럽연합산 쇠고기 수입이 불가피해지는 상황이 발생할 수 있으며, 미국산 쇠고기 수입조건 중에서 2008년 촛불시위의 성과에 의해 ‘잠정적으로 30개월 미만’만 수입하기로 한 조치가 무력화될 가능성도 있을 뿐만 아니라, 20개월 미만만 수입하고 있는 일본의 수입기준에 악영향을 끼칠 수도 있고, 2009년 대만의 시위와 반대여론에 의해 ‘잠정적으로 30개월 미만’만 수입하고 민간업자들의 자율결의에 의해 ‘내장’을 수입하지 않기로 한 대만의 수입기준에도 악영향을 끼칠 수도 있습니다. 그러므로 제3자국으로 참여한 국가들은 모두 쇠고기에 관한 첨예한 이해관계가 있습니다.
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DISPUTE SETTLEMENT: DISPUTE DS391
출처 : http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds391_e.htm
Korea — Measures Affecting the Importation of Bovine Meat and Meat Products from Canada
(1) WORLD TRADE ORGANIZATION
WT/DS391/1
G/L/883
G/SPS/GEN/918
15 April 2009
(09-1771)
Original: English
KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Request for Consultations by Canada
The following communication, dated 9 April 2009, from the delegation of Canada to the delegation of Korea and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
______________
The Government of Canada hereby requests consultations with the Republic of Korea (Korea) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), concerning measures affecting the importation of bovine meat and meat products from Canada.
The measures at issue include, but are not limited to, the following:
- Administrative Order No. 51584-476, which entered into force on 21 May 2003;
- Korean Act No. 9130 amending the Act on the Prevention of Contagious Animal Diseases (also known as the Livestock Epidemic Prevention Act), which entered into force on 11 September 2008.
For each of the measures referred to above, this request also covers any amendments, replacements, extensions, implementing measures or other related measures.
These measures adversely affect the importation of bovine meat and meat products from Canada. Administrative Order No. 51584-476 prohibits the importation into Korea of bovine meat and meat products from Canada allegedly to protect against risks arising from bovine spongiform encephalopathy (BSE). Korean Act No. 9130 amending the Act on the Prevention of Contagious Animal Diseases sets out a number of new stringent conditions for lifting the import ban, including subjecting any import health requirements for the importation of Canadian bovine meat and meat products to the approval of the Korean National Assembly.
Canada is of the view that these measures are inconsistent with the obligations of Korea under the SPS Agreement and the GATT 1994. The provisions of these Agreements with which the measures appear to be inconsistent include the following:
* Articles 2.2, 2.3, 3.1, 3.3, 5.1, 5.5, 5.6, 5.7, 6.1, 8 and Annex C of the SPS Agreement; and
* Articles I:1, III:4 and XI:1 of the GATT 1994.
Canada reserves the right to raise additional claims and legal matters regarding the measures at issue during the course of consultations.
Canada looks forward to receiving the reply of Korea to this request and welcomes any suggestions that it might wish to make concerning the date on which these consultations could take place and the location of the consultations.
(2) WORLD TRADE ORGANIZATION
WT/DS391/2
28 April 2009
(09-2025)
Original: English
KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Request to Join Consultations
Communication from the European Communities
The following communication, dated 23 April 2009, from the delegation of the European Communities to the delegation of Korea, the delegation of Canada and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
_______________
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the European Communities hereby notifies the Government of Korea, the Government of Canada and the Dispute Settlement Body that the European Communities wishes to be joined in the consultations requested by Canada in a communication circulated to WTO Members on 15 April 2009 (WT/DS391/1 G/L/883,G/SPS/GEN/918) entitled Korea – Measures Affecting the Importation of Bovine Meat and Meat Products from Canada.
The European Communities’ position as an exporter of bovine meat and meat products makes its trade interest in the present dispute substantial.
The European Communities looks forward to being informed of the date and venue of the consultations.
(3) WORLD TRADE ORGANIZATION
WT/DS391/3
10 July 2009
(09-3375)
Original: English
KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Request for the Establishment of a Panel by Canada
The following communication, dated 9 July 2009, from the delegation of Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
_______________
On 9 April 2009, the Government of Canada requested consultations with the Republic of Korea (“Korea”) concerning measures affecting the importation of bovine meat and meat products from Canada, pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”), Article XXII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994″) and Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”).
On 7 May 2009, consultations were held in Geneva, with a view to reaching a satisfactory resolution of the matter. Unfortunately, the consultations failed to settle the dispute.
Canada therefore requests the DSB to establish a panel to examine this matter with standard terms of reference, as set out in Article 7.1 of the DSU, pursuant to Articles 4 and 6 of the DSU, Article XXII of the GATT 1994 and Article 11 of the SPS Agreement.
Korea maintains a ban on the importation of bovine meat and meat products from Canada allegedly to protect against risks arising from bovine spongiform encephalopathy (BSE).
In addition, Korea has adopted measures that place unjustified restrictions on the resumption of imports of bovine meat and meat products from Canada. For instance:
(i) Korea prohibits the importation of all beef and beef products derived from cattle 30 months of age and over that originate from countries where there has been a case of BSE in the last five years;
(ii) Korea makes the import health requirements necessary for the lifting of the ban on bovine meat and meat products from Canada subject to the deliberation of its National Assembly;
(iii) In the event that the ban on bovine meat and meat products from Canada were lifted, Korea may re-impose a ban on imports of all bovine meat and meat products from Canada indefinitely were an additional case of BSE to occur in Canada.
Moreover, Korea’s measures discriminate between Canada and other WTO Members.
The measures covered in this panel request are the following:
- Act on the Prevention of Contagious Animal Diseases (Law No. 907), which entered into force on 30 December 1961, as amended, including by Korean Act No. 9130, which entered into force on 11 September 2008;
- Enforcement Regulations of the Act on the Prevention of Livestock Epidemics, as amended, including by Decree No. 68 of the Minister of Food, Agriculture, Forestry and Fisheries, dated 30 April 2009;
- Notice No. 1998-76 of the Minister of Agriculture and Forestry (Animal Health Requirements for the importation of Canadian cloven-hoofed animals and their products into the Republic of Korea), dated 7 December 1998;
- Administrative Order No. 51584-476, dated 21 May 2003;
- Notice No. 2004-23 of the Minister of Agriculture (Prohibited Countries as Exporters of Designated Inspectable Articles), dated 3 May 2004, as amended, including by Notice No. 2009-5 of the Minister of Food, Agriculture, Forestry and Fisheries (Partial Amendment of the Clauses Applicable to the Prohibited DIA Exporting Countries), dated 17 February 2009;
- Notice 2008-74 of the Minister of Food, Agriculture, Forestry and Fisheries (Method of Import Risk Analysis Concerning Import of Designated Inspectable Articles), dated 20 August 2008;
- Notice No. 2008-15 of the Minister of Food, Agriculture, Forestry and Fisheries (Import Health Requirements for U.S. Beef and Beef Products), dated 26 June 2008; and
- Any amendments or extensions to the above, or implementing measures on which Korea may rely on in imposing a prohibition on the importation of bovine meat and meat products from Canada or in placing further restrictions on the resumption of imports of bovine meat and meat products from Canada.
Each of these measures is inconsistent with the obligations of Korea under the SPS Agreement. In particular, Canada considers that each of these measures is inconsistent with the following provisions:
1. Article 2.2 of the SPS Agreement because they are not applied only to the extent necessary to protect human or animal life or health, they are not based on scientific principles and they are maintained without sufficient scientific evidence.
2. Article 2.3 of the SPS Agreement because they arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail and they are applied in a manner that constitutes a disguised restriction on international trade.
3. Article 3.1 of the SPS Agreement because they are not based on international standards, guidelines or recommendations.
4. Article 3.3 of the SPS Agreement because they result in a higher level of sanitary protection than would be achieved by measures based on the relevant international standards, guidelines or recommendations, in the absence of a scientific justification or of a determination by Korea of its appropriate level of sanitary protection in accordance with the relevant provisions of paragraphs 1 through 8 of Article 5.
5. Article 5.1 of the SPS Agreement because they are not based on an assessment, as appropriate to the circumstances, of the risks to human or animal life or health, taking into account risk assessment techniques developed by relevant international organizations.
6. Article 5.5 of the SPS Agreement because Korea maintains arbitrary or unjustifiable distinctions in the levels of sanitary protection that it considers appropriate in different situations and those distinctions result in discrimination or a disguised restriction on international trade.
7. Article 5.6 of the SPS Agreement because they are more trade-restrictive than required to achieve Korea’s appropriate level of sanitary protection.
8. Article 8 and Annex C(1)(a), first clause, because they cannot be undertaken and completed without undue delay.
9. Were Korea to invoke Article 5.7 of the SPS Agreement in justification of its measures, they do not meet the requirements necessary to allow for their provisional adoption and/or maintenance under that Article.
Canada also considers that each of these measures is inconsistent with the following provisions of the GATT 1994:
1. Article I:1 of the GATT 1994 because Korea does not accord the same treatment it grants to bovine meat and meat products originating in certain countries to the like products originating in Canada.
2. Article III:4 of the GATT 1994 because they result in less favourable treatment for imported bovine meat and meat product than for domestic bovine meat and meat products.
3. Article XI:1 of the GATT 1994 because they constitute prohibitions or restrictions on importation.
Canada asks that this request be placed on the agenda of the next meeting of the DSB, scheduled to be held on 20 July 2009.
(4) WORLD TRADE ORGANIZATION
WT/DS391/4
16 November 2009
(09-5671)
KOREA – MEASURES AFFECTING THE IMPORTATION OF BOVINE MEAT AND MEAT PRODUCTS FROM CANADA
Constitution of the Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 31 August 2009, the Dispute Settlement Body (DSB) established a panel pursuant to the request of Canada in document WT/DS391/3, in accordance with Article 6 of the Dispute Settlement Understanding (DSU) (WT/DSB/M/273).
2. The Panel’s terms of reference are the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by the parties to the dispute, the matter referred to the DSB by Canada in document WT/DS391/3 and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”
3. On 4 November 2009, Canada requested the Director-General to determine the composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
“If there is no agreement on the panelists within 20 days after the date of the establishment of a panel, at the request of either party, the Director-General, in consultation with the Chairman of the DSB and the Chairman of the relevant Council or Committee, shall determine the composition of the panel by appointing the panelists whom the Director-General considers most appropriate in accordance with any relevant special or additional rules or procedures of the covered agreement or covered agreements which are at issue in the dispute, after consulting with the parties to the dispute. The Chairman of the DSB shall inform the Members of the composition of the panel thus formed no later than 10 days after the date the Chairman receives such a request.”
4. On 13 November 2009, the Director-General accordingly composed the Panel as follows:
Chairperson: Ms Margaret Liang
Members: Mr Mathias Francke
Mr Gudmundur Helgason
5. Argentina, Brazil, India, China, the European Communities, Japan, Chinese Taipei and the United States have reserved their rights to participate in the Panel proceedings as third parties.
