[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11927-11929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5589]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-291]


WTO Dispute Settlement Proceeding Regarding Measures of the 
European Communities Affecting the Approval and Marketing of Biotech 
Products

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative (USTR) is 
providing notice that on March 4, 2004, a dispute settlement panel was 
composed under the Marrakesh Agreement Establishing the World Trade 
Organization (``WTO Agreement'') concerning measures of the European 
Communities (EC) affecting the approval and marketing of the products 
of agricultural biotechnology (``biotech products''). USTR invites 
written comments from the public concerning the issues raised in this 
dispute.

DATES: Although USTR will accept comments received throughout the 
course of the dispute settlement proceedings, comments should be 
received on or before April 6, 2004, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted either (i) electronically, to 
[email protected], with ``EC-Biotech Dispute'' in the subject line, or 
(ii) by fax, to Sandy McKinzy at 202-395-3640 with a confirmation copy 
sent electronically to the e-mail address above.

FOR FURTHER INFORMATION CONTACT: William Busis, Associate General 
Counsel, (202) 395-3150, or Richard White, Director, Sanitary and 
Phytosanitary Affairs, (202) 395-6127.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)), USTR is providing 
notice that, at the request of the United States, the WTO Dispute 
Settlement Body (DSB) has composed a panel to examine EC measures 
affecting the approval and marketing of biotech products. The DSB has 
also composed panels at the request of Argentina and Canada to examine 
the EC measures. The three proceedings have been combined and will be 
heard by a single panel.
    Since October 1998, the EC has applied a moratorium on the approval 
of biotech products. Pursuant to the moratorium, the EC has suspended 
consideration of applications for, or granting of, approval of biotech

[[Page 11928]]

products under the EC approval system. In particular, the EC has 
blocked in the approval process under EC legislation all applications 
for placing biotech products on the market, and has not considered any 
application for final approval. The approvals moratorium has restricted 
imports of agricultural and food products from the United States.
    In addition, EC member States maintain a number of national 
marketing and import bans on biotech products even though those 
products have already been approved by the EC for import and marketing 
in the EC. The national marketing and import bans have restricted 
imports of agricultural and food products from the United States.
    The United States panel request explains that the United States 
considers that these measures of the EC and its member States are 
inconsistent with the EC's obligations under the Agreement on the 
Application of Sanitary and Phytosanitary Measures (``SPS Agreement''), 
the General Agreement on Tariffs and Trade 1994 (``GATT 1994''), the 
Agreement on Agriculture (``Agriculture Agreement''), and the Agreement 
on Technical Barriers to Trade (``TBT Agreement''). The specific EC 
measures are as follows:
    (1) The suspension by the EC of consideration of applications for, 
or granting of, approval of biotech products;
    (2) The failure by the EC to consider for approval applications for 
the biotech products mentioned in Annexes I and II to this notice; and
    (3) National marketing and import bans maintained by EC member 
States, as described in Annex III to this notice.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised by the United states in this dispute. 
Persons submitting comments may either send one copy by fax to Sandy 
McKinzy at 202-395-3640, or transmit a copy electronically to 
[email protected], with ``EC-Biotech Dispute'' in the subject line. For 
documents sent by fax, USTR requests that the submitter provide a 
confirmation copy electronically.
    USTR encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the same file 
as the submission itself, and not as separate files.
    A person requesting that information contained in a comment 
submitted by that person be treated as confidential business 
information must certify that such information is business confidential 
and would not customarily be released to the public by the submitter. 
Confidential business information must be clearly designated as such 
and marked ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover 
page and each succeeding page of the submission.
    Information or advice contained in a comment submitted, other than 
business confidential information, may be determined by USTR to be 
confidential in accordance with section 135(g)(2) of the Trade Act of 
1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that 
information or advice may qualify as such, the submitting person--
    (1) Must clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of each page of the cover page and each 
succeeding page; and
    (3) Is encouraged to provide a non-confidential summary of the 
information or advice.
     Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR 
will maintain a file on this dispute settlement proceeding, accessible 
to the public, in the USTR Reading Room, which is located at 1724 F 
Street, NW., Washington, D.C. 20508. The public file will include non-
confidential comments received by USTR from the public with respect to 
the dispute; if a dispute settlement panel is convened, the U.S. 
submissions to that panel, the submissions, or non-confidential 
summaries of submissions, to the panel received from other participants 
in the dispute, as well as the report of the panel; and, if applicable, 
the report of the Appellate Body. An appointment to review the public 
file may be made by calling the USTR Reading Room at (202) 395-6186. 
The USTR Reading Room is open to the public from 9:30 a.m. to 12 noon 
and 1 p.m. to 4 p.m., Monday through Friday.

Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.

Annex I--Applications Under EC Directives 2001/18 and 90/220--
Deliberate Release

 Bayer oilseed rape (MS1/RF1)
 Bayer hybrid oilseed rape (MS1/RF2)
 Bejo Zaden red-hearted chicory (RM3-3, RM3-4 and RM3-6)
 Bayer oilseed rape (Falcon GS40/90)
 Bayer hybrid oilseed rape (MS8/RF3)
 Trifolium/Monsanto/Danisco Roundup Ready fodder beet (A5/15)
 Monsanto Bt cotton (531)
 Monsanto Roundup Ready cotton (RRC1445)
 Amylogene starch potato
 Bayer winter oilseed rape (Liberator pHoe6/Ac)
 Syngenta glufosinate tolerant and Bt resistant (Bt-11) corn
 Monsanto Roundup Ready corn (GA 21)
 Monsanto Roundup Ready oilseed rape (GT73)
 Syngenta Bt hybrid corn (Bt-11)
 Monsanto Roundup Ready oilseed rape (GT73)
 Bayer Liberty Link soybeans (A2704-12 and A5547-127)
 Monsanto/Syngenta Roundup Ready sugar beet
 Bayer Liberty Link oilseed rape (T45 & Topas 19/2) (stack)
 Stoneville BXN cotton (10215, 10222, 10224) (formerly held by Aventis 
and Calgene)
 Monsanto MaisGard Roundup Ready (MON 810 & GA21) corn (Stack)
 Bayer Liberty Link sugar beet (T120-7)
 Pioneer/Dow AgroSciences Bt corn Cry1F (1507)
 Pioneer/Dow AgroSciences Bt corn Cry1F (1507)
 Monsanto Roundup Ready corn (NK603)
 Pioneer Bt corn (MON 809)
 Zeneca extended shelf life tomato (TGT7-F)
 Monsanto Roundup Ready corn (GA 21)
 Pioneer Liberty Link and Bt (T25 & MON 810) corn (stack)
 Pioneer/Dupont high-oleic soybean (260-05)

Annex II--Applications Under EC Regulation 258/97--Novel Foods

 Bejo-Zaden Transgenic Radicchio rosso
 Bejo-Zaden Transgenic Green hearted chicory
 Monsanto Roundup Ready corn (GA21)
 Syngenta Bt-11 sweet corn
 Pioneer/Dupont high-oleic soybean (260-05)
 Bayer LibertyLink soybeans
 Monsanto MaisGard Roundup Ready corn (GA 21& MON 810) (stack)
 Monsanto/Syngenta Roundup Ready sugar beet (77)
 Pioneer/Dow AgroSciences Bt corn Cry1F (1507)
 Monsanto Roundup Ready corn (NK603)
 Pioneer Liberty Link and Bt (T25 x MON 810) corn (stack)

Annex III--EC Member State Marketing and Import Bans

 Austria Corn: Bt-176, MON 810, T25

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 France Repeseed: C/UK/95/M5/1; and C/UK/94/M1/1
 Germany Corn: Bt-176
 Greece Rapeseed: Topas 19/2
 Italy Corn: Bt-11, MON 809, MON 810, T25
 Luxembourg Corn: Bt-176
[FR Doc. 04-5589 Filed 3-11-04; 8:45 am]
BILLING CODE 3190-W3-M