./.WORLD TRADE
ORGANIZATIONWT/L/4371
7 December 2001
(01-6233)
EUROPEAN COMMUNITIES – TRANSITIONAL REGIME FOR THE EC
AUTONOMOUS TARIFF RATE QUOTAS ON IMPORTS OF BANANAS
Decision of 14 November 2001
The Ministerial Conference,
Having  regard  to the Guiding Principles to be followed in considering applications for
waivers adopted on 1 November 1956, the Understanding in Respect of Waivers of Obligations under
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization (hereinafter "WTO Agreement");
Taking note  of the request of the European Communities for a waiver from its obligations
under paragraphs 1 and 2 of Article XIII of the GATT 1994 with respect to bananas;
Taking note  of the understandings reached by the EC, Ecuador and the United States that
identify the means by which the longstanding dispute over the EC’s banana regime can be resolved, inparticular their provision for a temporary global quota allocation for ACP banana supplying countries
under specified conditions;
Taking into account  the exceptional circumstances surrounding the resolution of the bananas
dispute and the interests of many WTO Members in the EC banana regime;
Recognizing the need to afford sufficient protection to the ACP banana supplying countries,
including the most vulnerable, during a limited transition period, to enable them to prepare for a tariff-
only regime;
Noting  assurances given by the EC that it will, upon request, promptly enter into consultations
with any interested member with respect to any difficulty or matter that may arise as a result of theimplementation of the tariff rate quota for bananas originating in ACP States;
Considering that, in light of the foregoing, the exceptional circumstances justifying a waiver
from paragraphs 1 and 2 of Article XIII  of the GATT 1994 with respect to bananas exist;
Decides  as follows:
1. With respect to the EC’s imports of bananas, as of 1 January 2002, and until
31 December 2005, paragraphs 1 and 2 of Arti cle XIII of the GATT  1994 are waived with
respect to the EC’s separate tariff quota of 750,000 tonnes for bananas of ACP origin.
2. The EC will, upon request, promptly enter into consultations with any interested member with
respect to any difficulty or matter that may arise as a result of the implementation of the
separate tariff rate quota for bananas originating in ACP States covered by this waiver; where
a Member considers that any benefit accruing to it under the GATT 1994 may be or is being
                                                     
1 Previously circulated in WT/MIN(01)/16.WT/L/437
Page 2
impaired unduly as a result of such implementation, such consultations shall examine the
possibility of action  for a satisfactory adjustment of the matter.
3. Any Member which considers that the separate tariff rate quota for bananas originating in
ACP States covered by this waiver is being applied inconsistently with this waiver or that anybenefit accruing to it under the GATT 1994 may be or is being impaired unduly as a result of
the implementation of the separate tariff rate quota for bananas originating in ACP States
covered by this waiver and that consultations have proved unsatisfactory, may bring the
matter before the General Council, which will examine it promptly and will formulate any
recommendations that they judge appropriate.
4. This waiver shall not preclude the right of affected members to have recourse to Articles XXII
and XXIII of the GATT 1994.
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