complaints concern inaction, an initial issue will be how to define the measures to be examined.

The
substance of the EC's rules are not the issue. Rather it is the blockage in the approval process that is
being challenged. Nothing in European Communities law requires or condones a "moratorium." In fact,
the Novel Foods Directive, for example, contains specific procedural time limits,32 33 as does Directive
2001/18 on deliberate release. The EC is expected to argue that there was a "suspension" while new
legislation was being developed, but not a moratorium. According to the this line of argument, the
spring 2004 approvals show that the suspension is no longer in place, rendering the disputes moothe
Panel's report is presented to the DSB for adoption within sixty days of the circulation of the report to
Members. A party may appeal to the seven member Appellate Body on the law and legal interpretations
embodied in the report of the Panel. The DSU sets a timetable of sixty days from the appeal.30 The
Appellate Body report and its recommendations are then considered by the DSB for adoption." Since the
complaints concern inaction, an initial issue will be how to define the measures to be examined. The
substance of the EC's rules are not the issue. Rather it is the blockage in the approval process that is
being challenged. Nothing in European Communities law requires or condones a "moratorium." In fact,
the Novel Foods Directive, for example, contains specific procedural time limits,32 33 as does Directive
2001/18 on deliberate release. The EC is expected to argue that there was a "suspension" while new
legislation was being developed, but not a moratorium. According to the this line of argument, the
spring 2004 approvals show that the suspension is no longer in place, rendering the disputes moot