. /.   WORLD TRADE  
ORGANIZATION  WT/DS27/97 
11 January 2010 
 (10-0075) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, 
SALE AND DISTRIBUTION OF BANANAS 
 
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY ECUADOR 
 
Communication from Ecuador and the European Union
1 
   The following communication, dated 7 Ja nuary 2010, from the delegation of the 
European Union and the delegation of Ecuador to the Chairman of the Dispute Settlement Body, is 
circulated at the request of these delegations. 
 
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  As reported at the last DSB meeting of 21 D ecember 2009, Ecuador, the European Union and 
a number of other Members have initialled the so  called Geneva Agreemen t on Trade in Bananas 
("hereinafter "the Agreement"). The Agreemen t has been notified to the General Council on 
15 December 2009 in Document WT/L/784.   The Agreement provides, inter alia, that the dispute DS27 European Communities – Regime 
for the Importation, Sale and Distribution of B ananas: Second Recourse to  Article 21.5 by Ecuador  
(hereinafter "the dispute") shall be settled upon certification of the EU's new banana tariff schedule 
(paragraph 5 of the Agreement). The European Un ion will file its new banana tariff schedule for 
certification as soon as the Agreement has entered in to force (paragraph 4(b) of the Agreement). 
Currently, all necessary steps are being taken to prepare for signature and ratification of the 
Agreement. 
 
 Paragraph 5 of the Agreement further provid es that within two weeks after certification, 
Ecuador and the European Union shall jointly notify th e DSB, pursuant to Article 3.6 of the DSU, that 
they have reached a mutually agr eed solution through which they have  agreed to end this dispute.  
 
 Pending the settlement of the dispute in accordan ce with paragraph 5 of the Agreement, and 
without prejudice to the commitment undertaken under paragraph 6 of th e Agreement, Ecuador 
reserves all of its rights under this dispute and tho se relating to the surveillance of the implementation 
of the adopted recommendations and rulings of th e DSB, as provided for under Article 21.6 of the 
DSU. 
 
                                                     
 
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  2007) entered into force. On 
29 November 2009, the WTO received a Verbal Note (WT /L/779) from the Council of  the 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 and succeeds the European Community. WT/DS27/97 
Page 2  
 
   In light of these circumstances, Ecuador and th e European Union agree that it is not necessary 
for the European Union to continue to provide status  reports in this dispute while the European Union 
is taking the necessary steps to implement the terms of the Agreement.  Instead, the European Union 
shall keep Ecuador and other interested Members pe riodically informed of its internal processes to 
implement the terms of the Agreement. Ecuador an d the European Union also  agree that under the 
current circumstances neither will put the implemen tation of the rulings and recommendations in this 
dispute on the agenda of the DSB.  However, Ecua dor reserves its right to do so should it deem it 
necessary or appropriate.  
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