WTO Cases • Volume 12 • Number 3 • 30th January 2008
WTO members adopt panel ruling on eu-norway salmon dispute
WTO Members on 15 January adopted a dispute panel report against practices followed by the EU when imposing anti-dumping measures on farmed salmon from Norway.
The panel found that the minimum import prices imposed by the EU on the Norwegian fish were “inconsistent with WTO rules on 22 separate grounds,” concluding that the EU made errors in conducting its investigations, calculating the dumping margins, and in the assessment of injury to the EU salmon industry. However, the panel stopped short of explicitly invalidating the anti-dumping measures, or requiring the EU to repeal them.
Both parties claimed victory in the dispute. According to the Norwegian foreign affairs ministry, “the anti-dumping measures [infringed] WTO rules in such a way that [they could not] be maintained.” The European Commission announced that the antidumping measures would remain in place for now.
The EU has 30 days to inform the WTO of its plans for implementing the ruling.
The EU imposed minimum import prices on farmed fish from Norway, claiming that “unfair pricing” was allowing it to be sold in the EU market at below the cost of production (see BRIDGES BioRes, 3 March 2006).
In March 2006, Norway requested WTO consultations challenging these antidumping measures.
Norway claimed that the antidumping measures were inconsistent with the EU’s obligations under the Antidumping Agreement and the GATT and challenged the EU’s “identification of the product under consideration, the definition of the domestic industry, the calculation of the margin of dumping, the findings of injury and causation, the remedies imposed on dumped imports, and certain procedural aspects of the investigation.”
After unsuccessful attempts to resolve the issue, a panel was created to adjudicate the dispute, convening in August 2006.
Canada, China, Hong Kong, Japan, Korea and the US were third parties to the dispute.
ICTSD reporting; “WTO Members Adopt Dispute Panel Ruling on ‘Salmon,’” WTO News, 15 January 2008; “European Communities - Anti-Dumping Measure on Farmed Salmon from Norway,” WTO Dispute Summary; “EU Welcomes WTO Rejection of Norwegian Call for End of Antidumping Measures on Salmon,” European Commission Trade Issues, 16 January 2008; “Report Adoption Should End Salmon Dispute, Says Commission,” Fishupdate.com, 15 January 2008; “WTO Says EU Broke Trade Rules in Norwegian Salmon Dispute,” EU BUSINESS, 17 November 2007; “WTO Panel Rules in Norway’s Favour in the Salmon Case,” Norway’s Ministry of Fisheries and Coastal Affairs, 16 November 2007; “Norway Takes Salmon Dispute to the WTO,” Foodproductiondaily.com, 22 February 2006; “European Communities - Anti-Dumping Measure on Farmed Salmon from Norway,” WORLDTRADELAW.NET DISPUTE SETTLEMENT COMMENTARY.