./.  WORLD TRADE  
ORGANIZATION  WT/L/604 
24 February 2005 
 (05-0778) 
 Original:   English 
  
 
CONSULTATIONS UNDER THE ANNEX TO THE DECISION OF THE WTO 
MINISTERIAL CONFERENCE OF 14 NOVEMBER 2001 CONCERNING  
THE ACP-EC PARTNERSHIP AGREEMENT 
 
Communication from Honduras
 
 
  The following communication, dated 23 Februa ry 2005, and addressed to the Delegation of 
the European Communities is being circulated at the request of the Delegation of Honduras.  
_______________ 
 
  In response to the EC’s communication r especting the "Non-Recognition of Rights Under 
Article XXIV:6 and Article XXVIII of the GATT 1994", circulated to the WTO Membership on 
17 February 2005, WT/L/602 (hereinafter "17 Fe bruary Communication"), the government of 
Honduras respectfully requests that the EC clarify in  writing a number of matters.  In making this 
request, Honduras reserves all rights under GATT Ar ticle XXIV:6, GATT Article XXVIII, and the 
Decision of the WTO Ministerial Conference of 14 November 2001.    In the meantime, Honduras takes this occasion to reiterate its views that under the clear terms 
of the Annex, Article XXVIII procedures must first be taken before the EC announcement and related 
steps required by that indent are begun.  Because one of the most basic pre-requisites to commencing 
Article XXVIII procedures, a proper recognition of supplying-interest claims , has not even occurred 
in the case of Honduras, the second-indent procedures of the Annex cannot be considered to have 
properly begun.  
 Once effective Article XXVIII procedures have  been taken, and a proper announcement under 
the second indent of the Annex made, Honduras, as an  "interested party" under the Annex, will look 
forward during the 60-day period of time guaranteed by the Annex to receiving a detailed description 
of the methodology being used for the proposed re binding.  Honduras requires written answers of the 
following questions. 
 
1. Does the EC intend to recognize Honduras' subs tantial supplying interest in connection with 
the EC's proposed modification of its scheduled banana commitments, which Honduras has justified 
on the basis of GATT Article XXVIII, Ad Article  XXVIII, the Understanding on the Interpretation of 
Article XXVIII of the General Agreement on Ta riffs and Trade 1994, and prior GATT and WTO 
findings? 
 
(a) If the EC intends to recognize that interest, when will it do so? 
(b) If it does not intend to recognize that interest, will the EC promptly provide its 
reasons for not doing so to enable the General Council to fulfil its responsibility 
under paragraph 4 of the Procedures for Negotiations Under Article XXVIII 
(hereinafter "1980 Procedures")? WT/L/604 
Page 2  
 
 2. Does the EC consider that the second indent  of the Annex to the Decision of the WTO 
Ministerial Conference of 14 November 2001 concerning the ACP-EC Partnership 
Agreement (hereinafter the "Annex") contemplat es that Article XXVIII negotiations will be 
taken before  the EC announces its “intentions concer ning the rebinding of the EC tariff on 
bananas” under that indent? 
(a) Does the EC consider that paragraphs 5 and 6 of the 1980 Procedures have been 
fulfilled with respect to the EC's propo sed rebinding of its banana concessions? 
(b) Does the EC consider that it has fully satisfied the initial Article XXVIII steps 
required by paragraph 4 of the 1980 Pr ocedures, given that Honduras' claim of 
interest has been neither accepted nor rejected by the EC? 
3. Please explain why G/SECRET/22 circulated on 2 August 2004 – in which the EC states only 
that it "intends to modify concessions on item 08030019 (bananas)", with no further 
clarification – constitutes an "announcement  under the second indent of the Annex and 
provides information on the methodology used"?   
(a) What specific "EC intentions concerning the rebinding" and "information on the 
methodology used" were notified in that 2 August 2004 notification? 
(b) If the 2 August notification was the "announ cement", what was the intended purpose 
of G/SECRET/22/Add.1, circulated on 1 February 2005, in which the EC announced its proposed increase to 230 €/mt and stipulat ed that Attachment to Annex V of the 
Agreement on Agriculture would be the "methodology used"? 
4. What does the EC consider constitutes the "speci fied period of time from that notification", as 
that phrase is used under paragraph three of the EC's 17 February Communication, 
WT/L/602? 
 To ensure that all substantive and procedur al rights are upheld on these important matters, the 
favour of a prompt response to the foregoing questions is requested.  
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