European Communities - Regime for the Importation, Sale and Distribution of Bananas (WT/DS27): Report of the Panel (Recourse to Article 21.5 DSU by Ecuador)

Summary

INTRODUCTION

On 18 August 1998, Ecuador, Guatemala, Honduras, Mexico and the United States acting jointly and severally, requested consultations (WT/DS27/18) with the European Communities in relation to the implementation of the recommendations of the Dispute Settlement Body (DSB) in the matter of the EC's regime for the importation, sale and distribution of bananas established by Council Regulation (EEC) No. 404/93 as amended by Council Regulation (EC) No 1637/98. Consultations were held on 17 September 1998. These consultations did not result in a mutually satisfactory solution of the matter.

On 13 November 1998, Ecuador requested the reactivation of the 17 September 1998 consultations (WT/DS27/30 and Add.1). Consultations were held between the European Communities and Ecuador on 23 November 1998. As these consultations did not result in a mutually satisfactory solution of the matter, Ecuador requested, on 18 December 1998, the DSB to reconvene the original panel in accordance with Article 21.5 of the DSU to examine the implementation of the DSB recommendations in the light of the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Import Licensing Procedures (WT/DS27/41).

The DSB, at its meeting on 12 January 1999, established a panel with the original panel members in accordance with Article 21.5 of the DSU. Brazil, Belize, Cameroon, Colombia, Costa Rica, Côte d'Ivoire, Dominica, Dominican Republic, Grenada, Haiti, Jamaica, Mauritius, Nicaragua, Saint Lucia, and Saint Vincent and the Grenadines reserved their third party rights to make a submission and to be heard by the Panel in accordance with Article 10 of the DSU.

Terms of Reference

The following standard terms of reference applied to the work of the Panel:

“To examine, in the light of the relevant provisions of the covered agreements cited by Ecuador in document WT/DS27/41 the matter referred to the DSB by Ecuador, in that document and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”