WORLD TRADE
ORGANIZATIONWT/DS291/12
WT/DS292/9WT/DS293/9
17 June 2003
(03-3231)
Original:  English
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE APPROVAL
AND MARKETING OF BIOTECH PRODUCTS
Communication from the European Communities
The following communication, dated 11 June 2003, from the Permanent Delegation of the
European Commission to the Permanent Mission of Australia and to the Chairman of the Dispute
Settlement Body is circulated at the request of the European Communities.
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Thank you for your letters of 28 May 2003 in which you request to be joined in the
consultations in the disputes WT/DS291, WT/DS292 and WT/DS293.
Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes provides that "[w]henever a Member other than the consulting Members consider that it has
a substantial trade interest in consultations being held pursuant to [the relevant provisions of the
WTO Agreement], such Member may notify the consulting Members and the DSB […] of its desire to
be joined in the consultations.  Such Member shall be joined in the consultations, provided that the
Member to which the request for consultations was addressed agrees that the claim of substantial
interest is well-founded […]".
The European Communities is not aware of any Australian agricultural imports or exports
being affected by any measures adopted by the European Communities with regard to
genetically-modified organisms.  Nevertheless, the European Communities agrees that Australia has a
substantial interest in the consultations.  Indeed, according to the information available to theEuropean Communities, several Australian States (notably Tasmania and Western Australia) have
enacted different types of 'moratoria' on commercially-grown GM crops, and others are considering
legislation with the same objective.  The allegations of the consulting Members may therefore have
important implications for Australia.
For these reasons, the European Communities can accept Australia's participation in the
consultations.  We hope that the consultations will contribute to a better understanding of the situation
of biotechnology products in the European Communities and other WTO Members.
I will inform you as soon as possible of the date and venue of the consultations.A copy of this letter is being sent to the Chairman of the Dispute Settlement Body for
circulation to Members.
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