What’s a Sardine, but a Sardine!

Vs Vs

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.

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.

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.

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.

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/SThe 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