RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/318
19 October 2001
(01-5152)
Council for Trade in Goods Original:  English/
Spanish
QUESTIONS FROM GUATEMALA REGARDING THE REQUESTS
FOR A WTO WAIVER CONCERNING THE NEW
ACP-EC PARTNERSHIP AGREEMENT
The following communication, date 18 October 2001, has been received from the Permanent
Mission of Guatemala.
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Please find below the non-exhaustive list of qu estions from the Government of Guatemala to
be raised in the course of the examination of the waiver request presented by the European
Communities and the ACP States.
The Government of Guatemala agreed to do its utmost to respect the deadlines laid down in
the indicative timetable adopted at the meeting for the Council for Trade in Goods yesterday.  That is
why we are presenting our non-exhaustive list of que stions today.  Nevertheless, the Government of
Guatemala reserves the right to submit further questions, on the basis of the 90-day period to which it
is entitled during the examination of the waiver begun on 5 October of this year.
Non-Exhaustive List of Questions from the Government of Guatemala
1. Please confirm that the list of documents or "relevant documentation" mentioned in
G/C/W/269 of 27 June 2001 includes all the laws and regulations of the European Communities, in
particular those relating to the importation, sale and distribution of bananas in the EuropeanCommunities.
2. If this is not the case, please mention any laws and regulations not included in the list.
3. The European Communities introduced the fo llowing change in document G/C/W/204:  on
page 96, under heading 0803 "Bananas, Incl. Plantains, fresh or dried", the text next to the
CN code 0803 00 19 was worded as follows:
"Imports of bananas from the ACP countries are granted duty free access on a preferential
basis, in accordance with the relevant provisions of the EU-ACP Partnership Agreement, the
transitional Community banana regime in force from 1 July 2001 until 31 December 2005,
and the banana tariff only regime from 1 January 2006 following GATT Article XXVIII
negotiations."
Please explain in detail what is meant by the expression "in accordance with the relevant
provisions", in order to be able to establish in concrete terms the preferential treatment that will be
granted to banana imports originating in ACP countries.G/C/W/318
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4. Please provide the data or calculations used by the European Communities as a basis for the
allocation of the "C" quota to ACP producers.
5. How did the European Communities set the tariffs for quota surpluses with respect to the
quotas of third countries and ACP States?  Specifically, please explain the procedure used to grant a
tariff preference of 300 euros per ton to imports originating in ACP countries.
6. In document G/C/W/187/ADD.2 OF 14 April 2000, sp ecifically in paragraph 6 of the draft
decision presented by the European Communities, one of the objectives stated is:
" … not to raise undue barriers or to create undue difficulties for the trade of other Members".
Please explain how a preference of 300 euros per ton for imports originating in ACP countries
serves the above-mentioned objective.
7. In paragraph 1 of G/C/W/187/Add.2 of 14 April 2000, it is stated that:
"Subject to the terms and conditions set out hereunder, Article I, paragraph 1 of the General
Agreement shall be waived, until December 2007, to the extent necessary … "
(a) Please explain what is meant by the expression "to the extent necessary".(b) Please explain how this expression complies with the requirement that the scope of
waivers must be limited and lack ambiguity that could give rise to differing
interpretations.
8. What is the scheduled termination date for the preferences granted to ACP States on bananas?
9. In Annex I of document G/C/W/269, the European Communities state that:
"This reserved tariff rate quota is justified by the absolute need to afford a sufficient
protection to the ACP banana supplying countries … , in order to enable them to prepare for a
tariff-only regime that the EC will introduce no later than 1 January 2006".
(a) Please explain what criteria or justifications were taken into account to establish the
"sufficient protection" for ACP banana producers.
(b) Likewise, please explain the following:  if the European Communities have the
intention of preparing ACP banana producers for the tariff-only regime which the EC
will introduce no later than 2006, why is it necessary to extend the duration of thewaiver from Article I:1 of the GATT 94, in the case of bananas, until 2007?
(c) Do the European Communities intend to include in the draft decision that could be
adopted by the General Council  pursuant to Article IX of the WTO Agreement, inter
alia, provisions such as those contained in paragraph 3 of document G/C/W/267?  If
not, please explain why.  Is there a viable alternative?
10. Please explain why, if a "C" tariff rate quota has been opened for imports of ACP bananas, it
is also necessary that imports of bananas from ACP countries carried out within the A and B quotas
should be subject to a zero duty.  Please also explain how this situation is compatible with the purposestated in Council Regulation of 22 August 2001 to "widen the access for bananas originating in third
countries".G/C/W/318
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11. In the proposal for a Council Regulation date d 21 August 2001 (amending Regulation (EEC)
No. 404/93 on the common organization of the market in bananas), specifically in paragraph 3 of
Article 1 it is stated that:
"7. where supply of the Community market is subject to exceptional circumstances
affecting production or importation, the Commission shall adopt the specificmeasures necessary under the procedure set out under Article 27".
(a) Please explain what is meant by "exceptional circumstances".(b) Please explain what is meant by the expression "specific measures necessary".(c) Please explain what verification procedure is used to establish that "exceptional
circumstances" affect production or importation.
12. Please explain how, with the accession of other States to the European Communities, they
will be included in the EC banana import regime.
13. What criteria will be taken into account to fix the common tariff rate quota that will govern
banana imports as from 1 January 2006?
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