INTRODUCTION

Complaints by Canada and Norway

On 2 November 2009, Canada requested consultations with the European Union pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade (GATT 1994), and Article 14.1 of the Agreement on Technical Barriers to Trade (TBT Agreement), with respect to the measures and claims set out below. On 18 October 2010, Canada requested supplementary consultations with the European Union.

On 5 November 2009, Norway requested consultations with the European Union pursuant to Article 4 of the DSU, Article XXII of the GATT 1994, Article 14 of the TBT Agreement, and Article 19 of the Agreement on Agriculture, with respect to the measures and claims set out below. On 20 November 2009, Canada requested, pursuant to Article 4.11 of the DSU, to join in the consultations requested by Norway on 5 November 2009. On 19 October 2010, Norway requested supplementary consultations with the European Union.

On 28 and 29 October 2010, respectively, Canada and Norway requested to join each other's supplementary consultations.

Consultations were held on 15 December 2009, and supplementary consultations were held on 1 December 2010. None of these consultations led to a mutually satisfactory resolution.

Panel establishment and composition

On 11 February and 14 March 2011, respectively, Canada and Norway requested the establishment of a panel pursuant to Article 6 of the DSU with standard terms of reference.

At its meeting on 25 March 2011, the Dispute Settlement Body (DSB) established a panel pursuant to the request of Canada in document WT/DS400/4, in accordance with Article 6 of the DSU. At its meeting on 21 April 2011, the DSB established a panel pursuant to the request of Norway in document WT/DS401/5, in accordance with Article 6 of the DSU, and agreed, as provided for in Article 9 of the DSU in respect of multiple complainants, that the panel established to examine the complaint by Canada would also examine the complaint by Norway.