WORLD TRADE
ORGANIZATIONWT/DS231/6
8 June 2001
(01-2876)
Original:  Spanish
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request for the Establishment of a Panel by Peru
The following communication, dated 7 June 2001, from the Permanent Mission of Peru to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
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I have the honour to request herewith, in accordance with Articl e XXIII of the GATT 1994,
Articles 4 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) and Article 14 of the Agreement on Technical Barriers to Trade, the establishment of a panel
to examine the marketing standards for preserved sardines in Council Regulation (EEC)  No. 2136/89.
On 20 March 2001, Peru formally requested consultations with the European Communities
with a view to reaching a mutually satisfactory solu tion to this dispute.  This request was distributed
to WTO Members in document WT/DS231/1.  The consultations were held in Geneva, Switzerland,
on 31 May 2001, but unfortunately, they failed to settle the dispute.
Peru considers that Council Regulation (EEC ) No. 2136/89 of 21 June 1989 laying down
common marketing standards for preserved sardines creates an unnecessary obstacle to international
trade.  At the same time, these marketing standa rds cause discriminatory treatment of preserved
sardines from Peru.  Indeed, Article 2 of the Community Regulation stipulates that only preserved
sardines that are "prepared exclusively from fish of the species Sardina  pilchardus Walbaum" may be
marketed as preserved sardines.
It should be stressed that Peruvian preserved sardines prepared from Sardinops sagax sagax
entered the German market without any problem  under the description "Pacific Sardines" until
June 1999, when their entry was prohibited through the application of Council Regulation (EEC)
No. 2136/89.  Consequently, the application of the said Community Regulation is causing injury to
Peruvian exporters and affecting their legitimate expectations under the Agreements of the World
Trade Organization (WTO).
Peru therefore considers the said Community Regulation to be an unnecessary obstacle to
international trade which infringes Articles 2 and 12 of the Agreement on Technical Barriers to Trade
and Article XI.1 of the GATT 1994.  Moreover, it appears to violate the principle of non-
discrimination, causing injury to our export product, contrary to Articles I and III of the GATT 1994.
Accordingly, the Government of Peru requests the establishment of a panel with the standard
terms of reference set out in Article 7 of the DSU.  To that end, I would be grateful if this request
could be included in the agenda for the meeting of  the Dispute Settlement Body scheduled to take
place on 20 June 2001.
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