Ⅰ. INTRODUCTION

A. Request for Consultations and Request for the Establishment of a Panel

B. Establishment and Composition of the Panel

C. Panel Proceedings

Ⅱ. FACTUAL ASPECTS

A. History of the Dispute

B. Measure at Issue

Ⅲ.PARTIES’ REQUESTS FOR FINDINGS AND RECOMMENDATIONS

Ⅳ. ARGUMENTS OF THE PARTIES

A. Introduction

B. Parties’ Requests and Arguments on Opening the Panel Meeting for the Public Observation

1. Arguments of the European Communities

2. Arguments of Canada

C. First Written Submission of the European Communities

1. Introduction

2. Factual aspects

3. Legal arguments： Part I - Violation of Articles 23， 21.5， 22.8 and 3.7 of the DSU and Articles Ⅰ and Ⅱ of the GATT 1994

4. Legal arguments： Part Ⅱ - Conditional claim in the event that the Panel does not find any violation of Article 23 of the DSU as set out in PartⅠ

D. First Written Submission of Canada

1. Introduction

2. Background to the dispute

3. Legal arguments

E. Oral Statement of the European Communities During the First Substantive Meeting

1. Introduction

2. Seeking redress - Article 23.1

3. Article 23.2（a） of the DSU in conjunction with Article 21.5 of the DSU

4. Article 23.1 in conjunction with Articles 22.8 and 3.7 of the DSU

5. Concluding statement of the European Communities

F. Oral Statement of Canada During the First Substantive Meeting

1. Introduction

2. Since the EC is not presumed to have complied， Canada has not acted inconsistently with its obligations under the DSU

3. The actual compliance of the EC’s measure with the recommendations and rulings of the DSB

4. Conclusion

5. Concluding statement of Canada

G. Second Written Submission of the European Communities

1. Introduction

2. PART 1： Violation of Articles 23.1， 23.2（a）， 21.5 and 22.8 of the DSU （systemic issues）

3. PART 2： The WTO-consistency of the EC compliance measure

H. Second Written Submission of Canada

1. Introduction

2. The EC’s claim under the DSU

3. The EC’s compliance in EC - Hormones

4. Conclusion

I. Oral Statement of the European Communities on Experts Opinions During the Second Substantive Meeting

J. Oral Statement of Canada on Experts Opinions During the Second Substantive Meeting

1. Introduction

2. The EC’s risk assessments

3. The nature of assessing risk

4. Specific scientific issues

5. Issues related to good veterinary practice

6. Conclusion

K. Oral Statement of the European Communities on Legal Issues During the Second Substantive Meeting

1. Introduction

2. Article 5.1 of the SPS Agreement

3. Article 3.3 of the SPS Agreement

4. Article 5.7 of the SPS Agreement

5. Article 5.5 of the SPS Agreement

6. Conclusion on the SPS Agreement

7. Concluding statement of the European Communities

L. Oral Statement of Canada on Legal Issues During the Second Substantive Meeting

1. Introduction

2. The EC has not demonstrated that the relevant international standards are insufficient to meet its appropriate level of protection

3. The EC has not demonstrated that its permanent ban on oestradiol-17β is based on a risk assessment appropriate to the circumstances

4. The EC has not， and cannot， demonstrate that there is insufficient evidence to conduct a risk assessment on the five other hormones

5. The EC has not demonstrated that the failure to follow good veterinary practice results in increased risk of adverse effects

6. Conclusion

7. Concluding statement of Canada

Ⅴ. ARGUMENTS OF THE THIRD PARTIES

A. Australia

1. Introduction

2. Opening Panel meetings for observation by the public

3. Whether the DSB authorization remains in effect

4. Article 21.5 of the DSU

B. Brazil

1. Introduction

2. Opening Panel meetings for observation by the public

3. Whether the DSB authorization remains in effect

4. Article 21.5 of the DSU

5. Burden of proof

C. China

1. Introduction

2. Opening Panel meetings for observation by the public

3. The current status of the DSB authorized suspension of concessions

4. Article 21.5 of the DSU and burden of proof

5. Article 23.2 of the DSU

D. India

1. Introduction

2. Opening Panel meetings for observation by the public

E. Mexico

1. Introduction

2. Opening Panel meetings for observation by the public

3. Whether the DSB authorization remains in effect

4. Article 21.5 of the DSU

F. New Zealand

1. Introduction

2. Opening Panel meetings for observation by the public

3. Whether the DSB authorization remains in effect

4. Articles 21.5， 22.8 and 23 of the DSU

5. Burden of proof

6. Article 5.7 of the SPS Agreement

7. Article 5.1 of the SPS Agreement

G. Norway

1. Opening Panel meetings for observation by the public

2. Whether the DSB authorization remains in effect

3. Article 21.5 of the DSU

H. Separate Customs Territory of Taiwan， Penghu， Kinmen and Matsu

1. Introduction

2. Opening Panel meetings for observation by the public

3. Whether the DSB authorization remains in effect

4. Article 21.5 of the DSU

5. The relationship between Article 22.8 and Article 23 of the DSU

I. United States

1. Introduction

2. Opening Panel meetings for observation by the public

Ⅵ. INTERIM REVIEW

A. Introduction

B. Parties’ Comments on the Descriptive Part

C. Parties’ Comments Regarding the Findings of the Panel

1. Preliminary remarks

2. Parties’ requests for review related to aspects of the report on procedural issues

3. Comments of the parties regarding the Panel’s ndings of violation of Article 23.2（a） read together with Articles 21.5 and 23.1 of the DSU and on the EC claims on Article 23.1， read together with Articles 22.8 and 3.7 of the DSU

4. Comments of the parties on the compliance of the EC ban on meat and meat products treated with the six hormones at issue for growth promotion purposes with the SPS Agreement in relation to the Panel’s findings on the EC claims on Article 23.1， read together with Articles 22.8 and 3.7 of the DSU

Ⅶ.FINDINGS

A. Procedural Issues

1. Opening of the Panel meetings with the parties and experts for public observation

2. Panel’s decisions relating to the consultation of individual scientific experts and international organizations

3. Other procedural issues

4. Scope of the Panel’s mandate

5. Approach of the Panel on the basis of its mandate

B. First Series of EC Claims： Violation of Article 23.2（a） Read Together with Articles 21.5 and 23.1

1. Summary of the main arguments of the parties

2. Reasoning of the Panel

3. Conclusion

C. Second Series of EC Claims： Violation of Article 23.1， Read Together with Articles 22.8 and 3.7 of the DSU

1. Summary of the main arguments of the parties

2. Approach of the Panel

3. Violation of Article 22.8 of the DSU

4. Violation of Articles 23.1 and 3.7 of the DSU

D. Violation of Article i： l and Article Ⅱ of the GATT 1994

E. Conditional Claim of Violation of Article 22.8 of the DSU Made in the Alternative

F. Conclusion

Ⅷ.RECOMMENDATIONS