. /.  WORLD TRADE  
ORGANIZATION  WT/L/603 
28 February 2005 
 
 (05-0835) 
 Original:   Spanish 
  
 
CONSULTATIONS UNDER THE ANNEX TO THE DECISION OF THE WTO 
MINISTERIAL CONFERENCE OF 14 NOVEMBER 2001 CONCERNING 
THE ACP-EC PARTNERSHIP AGREEMENT 
 
Communication from Ecuador
 
 
  The following communication, dated 21 Februa ry 2005 and addressed to the delegation of the 
European Communities, is being circulated at the request of the delegation of Ecuador.  
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  I refer to documents WT/L/602 and WT/L/602/Corr .1, dated 17 February 2005, circulated by 
the WTO Secretariat, in which you invite Memb ers exporting bananas on an MFN basis (interested 
parties) to consultations on 22 February 2005 , at 10.00 am, in the offices of the European 
Communities in Geneva. 
  In this regard, I deem it important to make the following points:   (a) The EC communication states that it is "t he Parties to the Cotonou Agreement" that 
"invite Members exporting bananas to the EC on an MFN basis (interested parties) to 
consultations".  In this connection, it is Ecuador's understanding that  this invitation by 
"the Parties to the Cotonou Agreement" do es not constitute a precedent or in any way 
change the situation with regard to procedur al legitimacy to participate in arbitration 
procedure, as is clearly established in the Annex to the Decision of 14 November 2001 of the WTO Ministerial Conference. 
 
  It is also Ecuador's understanding that the European Communities' intention to 
replace its concessions on item 08030019 (bananas) included in Schedule CXL of the European Communities annexed to the Ge neral Agreement with a bound duty of 
€230/t, notified in document G/SECRET/22/A dd.1 of 1 February 2005, is solely and 
exclusively a matter for the European Commun ities.  Consequently, it is the sole and 
exclusive responsibility of the EC to provide an explanation, in the framework of the 
consultation procedure, of the reasons and methodology used to reach this conclusion. 
  (b) Ecuador considers that the assertion that  the notification circulated in document 
G/SECRET/22 "provides information on the methodology used" is incorrect;  nor 
does document G/SECRET/22/Add.1 contain any information in that regard.  Document G/SECRET/22 contains no information whatsoever on that matter.  For its part, document G/SECRET/22/Add.1 merely st ates that the new tariff proposed is 
based "on the provisions of the Attachment to Annex V to the Agreement on Agriculture". 
 WT/L/603 
Page 2  
 
  In this regard, Ecuador requests the European  Communities to provide information on at least 
the following matters:   (a) The reasons why it is appropriate to apply the aforementioned methodology; 
 
 (b) the values, sources of information and re presentative periods used in applying that 
methodology in order to determin e the proposed tariff of €230/t; 
  (c) an explanation of how the proposed tariff of €230/t "would result in at least 
maintaining total market access for MFN suppliers". 
 
 Ecuador would welcome this information being provided in writing by the EC to 
MFN suppliers, including Ecuador, for the purposes of  compliance with the obligation incumbent on 
the EC pursuant to the WTO Ministerial Conference Decision of 14 November 2001.  
 Accordingly, Ecuador awaits such full a nd detailed information, without prejudice to 
retaining its right, as an interested party, to  hold consultations and request arbitration. 
  I should be grateful if, in the future consultati ons, a date for such a meeting could be fixed by 
mutual agreement, in accordance with est ablished WTO practice in similar cases. 
 
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