. /.  WORLD TRADE  
ORGANIZATION   
WT/DS364/3 
G/L/822/Add.1 
12 November 2012 
 (12-6215) 
 Original:   English 
 
[WT/DS27, WT/DS361, WT/DS364, WT/DS16, 
 WT/DS105, WT/DS158, WT/L/616 and WT/L/625] 
 
8 November 2012 
 
European Communities – Regime for the Importation,  Sale and Distribution of Bananas (Guatemala; 
Honduras; Mexico; United States) (DS16) 
European Communities – Regime for the Importation,  Sale and Distribution of Bananas (Ecuador; 
Guatemala; Honduras; Mexico; United States) (DS27) 
European Communities – Regime for the Importation,  Sale and Distribution of Bananas (Panama) 
(DS105) 
European Communities – Regime for the Importation,  Sale and Distribution of Bananas (Guatemala; 
Honduras; Mexico, Panama; United States) (DS158) 
European Communities – Regime for the Importation of Bananas (Colombia) (DS361) 
European Communities – Regime for the Im portation of Bananas (Panama) (DS364) 
European Communities – The ACP-EC Partnership Ag reement – Recourse to Arbitration pursuant to 
the Decision of 14 November 2001 (Brazil; Colomb ia; Costa Rica; Ecuador; Guatemala; Honduras; 
Nicaragua; Panama and Venezuela) (WT/L/616) 
European Communities – The ACP-EC Partnershi p Agreement – Second Recourse to Arbitration 
pursuant to the Decision of 14 November 2001 (Br azil; Colombia; Costa Rica; Ecuador; Guatemala; 
Honduras; Nicaragua and Panama) (WT/L/625)1 
  
Notification of a Mutually Agreed Solution 
 
The following communication, dated 8 November 2012, from the delegation of the European 
Union and the delegations of Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, 
Nicaragua, Panama and Venezuela to the Chairman of the Dispute Settlement Body, is circulated 
pursuant to Article 3.6 of the DSU. 
 
 
_______________ 
 
 
The European Union and the Governments of  Brazil, Colombia, Costa Rica, Ecuador, 
Guatemala, Honduras, Mexico, Nicaragua, Panama a nd Venezuela (hereinafter "the Latin American 
MFN banana suppliers") notify the DSB that they have reached a mutually agreed solution with 
respect to the disputes WT/DS16; WT/DS27; WT/DS105; WT/DS158; WT/DS361; WT/DS364; WT/L/616 and WT/L/625 on the terms set out in the attached Geneva Agreement on Trade in 
Bananas. Having regard to that Agreement, and to the Certification of the EU tariff line on bananas on 
                                                      
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Commun ity (done at Lisbon, 13 December 20 07) entered into force.  On 29 
November 2009, the WTO received a Verbal Note (WT/L/7 79) from the Council of th e European Union and the 
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December 
2009, the European Union replaces an d succeeds the European Community. WT/DS364/3 
G/L/822/Add.1 Page 2 
 
 
  27 October 2012 (document reference WT/Let/868), the aforementioned disputes are settled as of 
27 October 2012.   
This letter is without prejudice to the WTO ri ghts and obligations of the EU and the Latin 
American MFN banana suppliers
2.  
   For the European Union   For the Government of Brazil  
 
       For the Government of Colombia   
 
      For the Government of Costa Rica          For the Government of Ecuador 
 
              For the Government of Guatemala  
 
            For the Government of Honduras    
For the Government of Mexico 
         For the Government of Nicaragua 
 
        For the Government of Panama   
 
      For the Government of Venezuela  
__________  
                                                      
2 The settlement of these disputes does not affect any party's right to initiate a new dispute under the 
DSU, or future rights under the procedures of Articles XXIV and XXVIII of the GATT 1994.