WTO Compatibilily
2nd April 2009
Comments on the Council's Legal Service's Paper on the WTO compatibility of measures regulating the seal products trade:
We have been asked to comment on the Council Legal Services (CLS) opinion dated 17th March 2009 on the WTO compatibility of a ban on the European Community trade in seal products.
The CLS is wrong to suggest that a ban might not comply with the WTO agreements.
The CLS opinion discusses technical aspects of WTO law. In any legal challenge, the focus is likely to be on the exception to the free trade principle contained in Article XX(a) of GATT (public morality).
Our clear opinion is that a ban on the trade in seal products would comply with Article XX(a) (and the Article XX chapeau).
The document can be downloaded here: Seals_Council WTO