7:03 AM Jun 21, 1994

CANADA COMPLAINS OVER TUNA PANEL REPORT LEAK

Geneva 21 Jun (TWN) -- Canada complained in the Council of the General Agreement Tuesday over the US action in leaking the report of the second Tuna panel, and the confidential submissions of third parties, even before the report was circulated to the Contracting Parties and 'derestricted'.

Canada also complained over the action of 'one of the recent panel members' divulging information about the panel report, even before the panel report was completed and said a code of conduct for panelists should be discussed and set.

Though Canada did not name the 'panelist', other delegation sources said that the reference was again to the second tuna panel dispute and its chairman, Austrian Ambassador Winfried Lang, who was quoted by some NGOs at the GATT symposium on trade and environment.

The report of the second tuna panel was itself not on the agenda of the Council, and is expected to figure only at the next Council. But Canada raised the issue under an item relating to "Third Party Participation in Panels".

On this item the Chairman of the Contracting Parties on the basis of consultations held by him made a statement that third parties wishing to make representations to any dispute panel should indicate it in the Council session where the panel reference was decided or atleast as soon as possible thereafter.

Canada expressed its concern over the fact that the second tuna panel report made available on a confidential basis to the two parties (US and the EC) on 20 May, ahead of its being circulated to the Contracting Parties, had been leaked out by the United States in Washington DC, but also the confidential pleadings of third parties before the panel.

The issue of a code of conduct and confidentiality, Canada said, was important and the Council should revert to the subject at a later date, the Canadian told the Council.