WT/DS341/R 
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ANNEX E 
 
REQUEST FOR THE ESTABL ISHMENT OF A PANEL 
 
 
Contents Page 
Annex E-1 Request for the Establishment of a Panel by the European 
Communities E-2 
 WT/DS341/R 
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  ANNEX E-1 
 
REQUEST FOR THE ESTABL ISHMENT OF A PANEL 
 
 
 WORLD TRADE  
ORGANIZATION  WT/DS341/2 
8 December 2006 
 
 (06-5907) 
 Original:   English 
  
MEXICO – DEFINITIVE COUNTERVAILING MEASURES ON OLIVE OIL 
FROM THE EUROPEAN COMMUNITIES 
 
Request for the Establishment of a Panel by the European Communities
 
  
 The following communication, dated 7 Decemb er 2006, from the delegation of the European 
Communities to the Chairman of the Dispute Settlement  Body, is circulated pursuant to Article 6.2 of 
the DSU.  
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  The European Communities hereby requests the establishment of a panel pursuant to 
Articles 4.7 and 6 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes  ("DSU") and Article XXIII of the General Agreement on Tariffs and Trade 1994  
("GATT 1994") and Articles 4 and 30 of the Agreement on Subsidies and Countervailing Measures 
("SCM Agreement") and Article 19 of the Agreement on Agriculture .  
  This request concerns Mexico's imposition of definitive countervailing measures on imports 
of olive oil originating in the European Communitie s by the "Resolución final de la investigación por 
subvención de precios sobre las importaciones de aceite de oliva" published in the Diario Oficial de la 
Federación of 1 August 2005. 
  The European Communities considers that the in itiation and conduct of the investigations, as 
well as the imposition of the definitive counterva iling measures are inconsistent with Mexico's 
obligations under inter alia  Article VI (in particular VI:6) of the GATT 1994, Articles 1, 11 (in 
particular paragraphs 2, 4 and 11), 12 (in particular paragraphs 4 and 8), 13, 14, 15, 16 and 22 of the 
SCM Agreement and Articles 13(b)(i) and 21.1 of the Agreement on Agriculture .  
 
 Specifically, this request concerns the imposition of countervailing measures despite:  
 
1. the initiation of an investigation in the absen ce of a determination by the Mexican authorities 
that the application was made by or on behalf  of the domestic industry, in violation of 
Articles 11.4 and 16 of the SCM Agreement ;   
  WT/DS341/R 
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  2. the failure to conclude the investigation within one year, and in no case more than 18 months, 
after its initiation, in violation of Article 11.11 of the SCM Agreement;  
 3. the failure by the Mexican authorities to requi re interested parties to provide non-confidential 
summaries of confidential information in sufficient detail to permit a reasonable 
understanding of the substance of the informa tion in violation of Article 12.4.1 of the 
SCM Agreement;  
 
4. the failure of the Mexican authorities to properl y inform the interested parties and to provide 
reasonable and adequate explanation on the exis tence of subsidisation, notably as regards 
pass-through of any benefit, in violation of  Articles 12.8, 22.3 and 22.5 of the of the 
SCM Agreement ;   
 5. the failure to grant the opportunity for consu ltations before the initiation of the investigation 
with the aim of clarifying the situation as to ma tters referred to in para graph 2 of Article 11 of 
the SCM Agreement and arriving at a mutually agreed solution, in violation of Article 13.1 of 
the SCM Agreement ;
  
 
6. the failure to calculate the benefit confe rred on the recipient pursuant to paragraph 1 of 
Article 1 of the SCM Agreement and to apply the method used to each particular case in a 
transparent way which is adequately explained, in violation of Article 14 of the SCM Agreement;  
 
7. the failure to correctly define the domestic industry, in violation of Article VI:6 of the 
GATT 1994 and Articles 15.4, 15.5 and 16 of the SCM Agreement;  
 
8. the failure to make a determination of in jury based on positive evidence involving an 
examination of all relevant economic factors and indices having a bearing on the state of the 
industry and to provide reasoned a nd adequate explanation, in viol ation of Article VI:6 of the 
GATT 1994 and Articles 15.1 and 15.4 of the SCM Agreement ;  
 9. the failure to examine any known factors ot her than the alleged subsidized imports which 
were causing injury to the domestic industry , in violation of Article 15.5 of the 
SCM Agreement ; 
 10. the initiation of a countervailing duty inves tigation on imports of an agricultural product 
(olive oil) outside the circumstances c ontemplated in Article 13(b)(i) of the Agreement on 
Agriculture and in violation of Article 21.1 of the Agreement on Agriculture ;  
  On 31 March 2006, the European Communities re quested consultations with Mexico on the 
above-mentioned with a view to reaching a mutually satisfactory solution of the matter.  The request 
was circulated in document WT/DS341/1 dated 4 Apr il 2006. The consultations were held on 5 May 
2006. Unfortunately, they have not led to a satisfactory resolution of the matter.   
 
 Therefore, the European Communities requests that a panel be established, with standard 
terms of reference under Article 7 paragraph 1 of the DSU, to consider the above complaint with a 
view to finding that Mexico's measures nullify or im pair the EC's benefits in respect of Mexico's 
obligations under the above cited Articles. 
 
 The European Communities asks that this request  be placed on the agenda for the meeting of 
the Dispute Settlement Body to  be held on 19 December. 
 
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