| South Korea | Korea Will Accept Imports With Export Certificates Issued ...
Korea Will Accept Imports With Export Certificates Issued Prior To June 9
USDA has received clarification from South Korea regarding last week's statement that U.S. beef products would not be allowed entry into South Korea after June 9, 2003 without certifying that the animals were born and raised in the United States.
The Foreign Agricultural Service (FAS) in Seoul was told by Korean officials that shipments with certificates issued after June 9 that did not reflect the required change would not be cleared for entry to South Korea.
Even after June 9, shipments would be accepted if their export certificates were issued prior to June 9, so shipments en route now and prior to June 9, will not be affected.
FSIS is strongly objecting to the new requirement, arguing that the Korean action is inappropriate. USMEF will keep its members informed of further developments.
European Union
EU Advocate General Upholds Right To Fight Hormone Ban In EU CourtThe advocate-general at the European Court of Justice has backed the right of a French company to sue the EU for damages because of its failure to implement a World Trade Organization (WTO) ruling against its ban on hormone-treated beef. The recommendation marks an important break with legal precedent, which has held that WTO law cannot be enforced through EU courts. If upheld by the court, which accepts the advocate-general's opinion in about 80 percent of cases, the recommendation could make it easier for individuals to bring legal actions against the EU for failing to comply with its WTO obligations. The story was reported by England's Financial Times and the Foreign Agricultural Service (FAS).
The recommendation was made in two cases brought by Biret, a French meat trader, after the WTO's dispute body found in 1998 that the EU's long-standing beef ban violated multilateral trade rules. The EU refused to lift its ban, leading the U.S. to impose sanctions on European exports which are still in place. Biret initially sought compensation from the EU Council of Ministers in the Court of First Instance, Europe's second highest court. But its demand was rejected on the grounds that WTO law was not applicable in EU courts. The advocate-general concluded, however, in an appeal hearing that there is a fundamental right to freedom of economic activity and that the lower court's inaction "unlawfully restricted the right to freedom of a citizen." The advocate-general said WTO rules were applicable in this case because the EU had not met the deadline for implementing the ruling against its beef ban. A London law firm said that if the court followed the advocate general's opinion, it would ensure the EU honored its WTO obligations while improving the democratic legitimacy of the WTO system.
Korea Will Accept Imports With Export Certificates Issued Prior To June 9
USDA has received clarification from South Korea regarding last week’s statement that U.S. beef products would not be allowed entry into South Korea after June 9, 2003 without certifying that the animals were born and raised in the United States.
The Foreign Agricultural Service (FAS) in Seoul was told by Korean officials that shipments with certificates issued after June 9 that did not reflect the required change would not be cleared for entry to South Korea.
Even after June 9, shipments would be accepted if their export certificates were issued prior to June 9, so shipments en route now and prior to June 9, will not be affected.
FSIS is strongly objecting to the new requirement, arguing that the Korean action is inappropriate. USMEF will keep its members informed of further developments.
European Union
EU Advocate General Upholds Right To Fight Hormone Ban In EU CourtThe advocate-general at the European Court of Justice has backed the right of a French company to sue the EU for damages because of its failure to implement a World Trade Organization (WTO) ruling against its ban on hormone-treated beef. The recommendation marks an important break with legal precedent, which has held that WTO law cannot be enforced through EU courts. If upheld by the court, which accepts the advocate-general’s opinion in about 80 percent of cases, the recommendation could make it easier for individuals to bring legal actions against the EU for failing to comply with its WTO obligations. The story was reported by England’s Financial Times and the Foreign Agricultural Service (FAS).
The recommendation was made in two cases brought by Biret, a French meat trader, after the WTO’s dispute body found in 1998 that the EU’s long-standing beef ban violated multilateral trade rules. The EU refused to lift its ban, leading the U.S. to impose sanctions on European exports which are still in place. Biret initially sought compensation from the EU Council of Ministers in the Court of First Instance, Europe’s second highest court. But its demand was rejected on the grounds that WTO law was not applicable in EU courts. The advocate-general concluded, however, in an appeal hearing that there is a fundamental right to freedom of economic activity and that the lower court’s inaction "unlawfully restricted the right to freedom of a citizen." The advocate-general said WTO rules were applicable in this case because the EU had not met the deadline for implementing the ruling against its beef ban. A London law firm said that if the court followed the advocate general’s opinion, it would ensure the EU honored its WTO obligations while improving the democratic legitimacy of the WTO system.