./.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/GC/W/143
5 February 1999
(99-0457)
General Council Original:  English
REQUEST FOR AN AUTHORITATIVE INTERPRETATION PURSUANT
TO ARTICLE IX:2 OF THE MARRAKESH AGREEMENT
ESTABLISHING THE WORLD TRADE ORGANIZATION
Communication from the European Communities
The following communication addressed to the Chairman of the General Council and dated
4 February 1999 has been received from the European Communities with the request that it be
circulated to Members.
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I am writing to you concerning the EC request for an authoritative interpretation of certain
DSU provisions regarding implementation and authorization of suspension of concessions.1
You may already have been contacted by the Chairman of the DSB, Ambassador Morjane,
about last week's DSB meeting, which considered the US request for authorization to suspend
concessions in the Bananas case.  In that meeting, a significant number of WTO Members expressed
the view that the DSB was not empowered to grant authorization until such time as the DSB had firstadopted a ruling on the WTO conformity of the EC implementing measures pursuant to Article 21.5
of the DSU.  In the EC view and that of many other WTO Members, this can be the only logical
sequence and the only reasonable interpretation of the set of DSU provisions governing
implementation.
At the end of that meeting, the Chairman of the DSB stated that he believed that many of the
concerns expressed regarding the interpretation of Articles 21.5 and 22 were legitimate.  He noted that
the EC has proposed an interpretation for cons ideration of the General Council in document
WT/GC/W/133 and that a number of Members have proposed that the relationship between
Articles 21.5 and 22 should be referred to the General Council.  The Chairman of the DSB stated thathe would propose to you that this matter be taken up by the General Council rapidly and that it
informs the DSB of the results of its discussions as soon as possible.
Given the urgency of obtaining an authoritative interpretation on this matter, I hereby request
the convocation of a special meeting of the General Council to consider the EC request forinterpretation not later than ten days after receipt of this letter.  As it is likely that many Members will
wish to pronounce themselves in some detail on this question, it will in any case be convenient to
discuss this matter in a special meeting, so as not to impose too much on the regular work of the
General Council.
                                                     
1 See WT/GC/W/133.WT/GC/W/143
Page 2
We are convinced on the basis of last week's discussions in the DSB that there is strong and
broadly-based support for the position of the Community on this issue.  A confirmation of this by the
General Council will guide the Arbitrator and the DSB in their work.  Our preference would be, of
course, to reach consensus in the General Council on an authoritative interpretation.  Nevertheless, if
consensus cannot be achieved, the procedure foreseen in Article IX:2 of the Marrakesh Agreementregarding authoritative interpretations could be pursued and undertaken without delay.
I would be grateful if you could distribute this letter to the Membership immediately.
Moreover, I would much appreciate it if French and Spanish translations of the questions could be
distributed as soon as possible.
2
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2 See WT/GC/W/133.