WORLD TRADE  
ORGANIZATION  WT/DS193/4 
G/L/367/Add.1 3 June 2010 
 
(10-3069) 
 Original:   English 
  
 
CHILE – MEASURES AFFECT ING THE TRANSIT AND  
IMPORTATION OF SWORDFISH 
 
Joint Communication from the European Union and Chile
 
 
 
 The following communication, dated 28 May 2010, from the delegations of the European 
Union and Chile to the Chairperson of the Dispute Settlement Body, is circulated at the request of 
those delegations.  
_______________ 
 
 Chile and the European Union hereby inform  the Dispute Settlement Body and the Council 
for Trade in Goods that the International Tr ibunal for the Law of the Sea (ITLOS), in the Case 
concerning the Conservation and Sustainable Exploita tion of Swordfish Stocks in the South-Eastern 
Pacific Ocean (Chile/European Union) , by Order dated 16 December 2009, placed on record, 
pursuant to Article 105, paragraph 2, of the Rules of the Tribunal, the discontinuance, by agreement 
of the Parties, of the proceedings initiated on 20 December 2000 by Chile and the European 
Community, and ordered that the case be removed fro m the List of cases.  A copy of the Order is 
attached for information.  
 Pursuant to Article 3.6 of the DSU , Chile and the European Union intend to notify to the 
Dispute Settlement Body and the Council for Trade in Goods any mutually agreed solution to the 
matters raised under the consultatio n and dispute settlement provisions  of the covered agreements in 
DS193 Chile-Measures Affecting the Transit and Importation of Swordfish  once any such mutually 
agreed solution has been ratified in accordance w ith their respective domestic law requirements.   
 
 In addition, Chile and the European Union he reby notify the Dispute Settlement Body and the 
Council for Trade in Goods that they have unconditi onally agreed that neither party shall further 
exercise any procedural right accruing to it under the DSU  in case DS193 Chile-Measures Affecting 
the Transit and Importation of Swordfish .  
 
 Save as otherwise provided herein, this info rmation and notification is without prejudice to 
the rights and obligations of Chile and the European Union under the WTO Agreement .  
  For the European Union:      For Chile:  
 
 ________________________    ________________________ Mr. John Clarke      H.E. Mr. Mario Matus Chargé d'affaires a.i.     Ambassador        
  WT/DS193/4 
 G/L/367/Add.1 
 Page 3 
 
 
  List of Cases No. 7  Order 2009/1 
 
 
INTERNATIONAL TRIBUNAL FO R THE LAW OF THE SEA 
 
YEAR 2009 
16 December 2009 
 
CASE CONCERNING THE CONSERVATION AND  
SUSTAINABLE EXPLOITATION OF SWORDFISH STOCKS  
IN THE SOUTH-EASTERN PACIFIC OCEAN  
 
(CHILE/EUROPEAN UNION) 
 
ORDER  
 
Present: Judge CHANDRASEKHARA RAO, President of the Special Chamber ; 
 Judges  CAMINOS, YANKOV, WOLFRUM; Judge ad hoc ORREGO 
 VICUÑA; Registrar  GAUTIER. 
 
 The Special Chamber of the International Tribunal for the Law of the Sea formed to deal with the 
above-mentioned case,  
 composed as above, 
  after deliberation,  
Having regard to article 27 of the Statute of the Tribunal (hereinafter "the Statute"), 
 
Having regard to articles 45, 49,  105, and 107 of the Rules of the Tribunal (hereinafter "the 
Rules"),  
Having regard to the Order of the Tribunal of 20 December 2000,  
Having regard to the Orders of the President of the Special Chamber of 15 March 2001 and 
16 December 2003, 
 Having regard to the Orders of th e Special Chamber of 29 December 2005, 
30 November 2007 and 11 December 2008,  
 Makes the following Order: 
 
1. Whereas, pursuant to the request of Chile and the European Community  the Tribunal, by its 
Order dated 20 December 2000, formed a special ch amber of five judges to deal with the above-
mentioned case; 
 
2. Whereas, by the said Order, the Tribunal decided that:  
if no preliminary objection is made in writing within 90 days from the institution of proceedings, or if the Special Chamber rejects the preliminary objection or objections, if any, WT/DS193/4 
G/L/367/Add.1 Page 4 
 
 
  made, or in case of other issues not affected by the judgment of the Special Chamber on the 
preliminary objection or objections, the written proceedings shall consist of: 
 
– a Memorial presented by each of the Parties within six months from the date of the 
judgment on the preliminary objection or, if no preliminary objection is made within the time-
limit specified above, within six months after th e expiry of the period of 90 days from the 
institution of proceedings; 
 
– a Counter-Memorial presented by each of th e Parties within three months after the 
date on which a certified copy of the last of the two Memorials sent by one Party has been 
received by the other Party; 
 3. Whereas the President of the Special Chambe r, by his Order dated 15 March 2001 decided 
that for the words “the institution of proceedings”, wherever they o ccur in the decision contained in 
the Order dated 20 December 2000, the words “1 Janua ry 2004” shall be substituted, and reserved the 
subsequent procedure for further decision;  4. Whereas the President of the Special Cham ber, by his Order dated 16 December 2003, 
decided that for the words “the institution of pr oceedings”, wherever they  occur in the decision 
contained in the Order dated 20 December 2000, the wo rds “1 January 2006” shall be substituted, and 
reserved the subsequent procedure for further decision; 
 5. Whereas, in the Order dated 29 December 200 5, the Special Chamber decided that for the 
words “the institution of proceedi ngs” wherever they occur, the wo rds “1 January 2008” shall be 
substituted, and reserved the subseque nt procedure for further decision; 
 
6. Whereas, in the Order dated 30 November 2007, the Special Chamber decided that for the words “the institution of proceedi ngs” wherever they occur the wo rds “1 January 2009” shall be 
substituted, and reserved the subseque nt procedure for further decision; 
 7. Whereas, in the Order dated 11 December 200 8, the Special Chamber decided that for the 
words “the institution of proceedi ngs” wherever they occur, the wo rds “1 January 2010” shall be 
substituted, and reserved the subseque nt procedure for further decision; 
 8.  Whereas the European Comm unity, by a letter dated 13 October 2009, and Chile, by an e-
mail of 25 November 2009, informed the Special Chamber that the parties had held bilateral 
consultations on 5 and 6 October 2009 and agreed to report to the Special Chamber the following:  
 
 [b]oth the European Community and Chile are committed to the signature, ratification 
or approval, and implementati on of and compliance with the Understanding agreed between 
negotiators for both Parties on 16 October 2008. As a consequence, in accordance with the 
provisions of the said Understa nding, Parties will not seek a further extension of the 
suspension of the Proceedings of  Case No. 7, but will request th e Special Chamber to issue an 
order for discontinuance of the case. The Par ties are ready to provide the Special Chamber 
with further particulars on the occasion of the forthcoming consultations between the 
President of the Special Chamber and the Agents of the Parties. 
 
9. Whereas the European Commission, by its  letter dated 7 Decembe r 2009, informed the 
President of the Special Chamber as follows:  
 In preparation for the forthcoming hearing of 15 and 16 December 2009 of the Special Chamber in Case No 7, we have th e honour to advise you that the Treaty of Lisbon  WT/DS193/4 
 G/L/367/Add.1 
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  amending the Treaty on European Union an d the Treaty establishing the European 
Community has entered into force on 1 December 2009.   As a consequence, from that date the Eu ropean Union has replaced and succeeds the 
European Community (Article 1, third paragr aph, of the Treaty on European Union as it 
results from the amendments introduced by the Treaty of Lisbon). Consequently, since 1 December 2009 the European Union exercises a ll rights and assumes all obligations of the 
European Community, whilst continuing to exer cise existing rights and assume obligations of 
the European Union. In particular, the Eur opean Union has succeeded  to all agreements 
concluded and all commitments made by th e European Community with International 
Organisations, including the United Nations, and to all agreements or commitments binding 
on the European Community.   As a consequence, from 1 December 2009 the European Commission, of which the 
undersigned are agents, represents the interests of  the European Union in Case No 7, currently 
pending with the Special Chamber. However, the succession of the European Community by 
the European Union has no consequences fo r this case. The European Commission will on 
behalf of the European Union, and jointly with  the agents for Chile, ask for a discontinuance 
of Case No 7. 
 
10. Whereas the Agent of Chile has expressed no objection to treating the European Union as a 
party to this case in place of the European Community;  11. Whereas, in response to a request made by  the Special Chamber on 30 November 2009, the 
Agents of the Parties provided additional inform ation in a joint communicat ion dated 15 December 
2009; 
 12. Whereas, in the joint communication referred to  in the preceding paragraph the Agent of the 
European Union and the Agent of Chile informed the Special Chamber as follows: 
 
The European Union and Chile have informed the Special Chamber that they are committed 
to the signature, ratification or approval, and implementation of and compliance with the new 
Understanding agreed between negotiato rs for both Parties on 16 October 2008. 
 The terms of the settlement agreed between negotiators comprise the following elements: 
 
1) a more structured framework of fisheries cooperation to replace and 
transform the 2001 bilateral Provisional Arrangement into a definitive commitment to cooperate for the long-te rm conservation and management of the 
swordfish stocks in the South Eastern Pacific. 
 2) conducting their respective swordfish fisheries to catch levels 
commensurate with the objective of ensuri ng the sustainability of these resources 
as well as safeguarding the marine ecosystem.  
3) freezing of the fishing effort by both Parties at the 2008 level or at the 
maximum historical peak.  
4) establishment of a Bilateral Scientific and Technical Committee (BSTC), 
with the following tasks: exchange of information and data on catch and fishing effort, as well as on stock status; providing scientifically-based advice to fisheries 
stocks managers to assist them in en suring the sustainability of the fishing WT/DS193/4 
G/L/367/Add.1 Page 6 
 
 
  activities of both Parties; advising Parties on the adoption of further conservation 
measures if needed. 
 
5) the multilateral consultation currently in place should include all the 
relevant participants in the South Eastern Pacific Ocean swordfish fishery and 
invited observers from existing organizati ons with a legitimate interest in the 
swordfish fishery.  
6) agreement that EU vessels fishing fo r swordfish in the high seas in 
accordance with the objectives contained in the new Understanding shall be 
granted access to designated Chilean ports for landings, transshipments, 
replenishing or repairs. 
 
As a consequence, in accordance with th e provisions of the said Understanding, 
Parties request that the Special Chamber issue an Order for discontinuance of the 
Case No 7 (Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean (Chile/European 
Community). 
 13. Whereas, on 15 and 16 Decem ber 2009, the President of the Special Chamber held 
consultations with the Agents of the Parties,  in accordance with article 45 of the Rules;  
 
14. Whereas the Special Chamber held deliberati ons on 15 and 16 December 2009 in regard to 
the communications of the Parties referr ed to in paragraphs 9, 11 and 12; 
  
THE SPECIAL CHAMBER,  
  Places on record , pursuant to article 105, paragraph 2, of the Rules, the discontinuance, by 
agreement of the Parties, of the proceedings initiated on 20 December 2000 by Chile and the 
European Community; and  
 Orders  that the case be removed from the List of cases, 
  Done in English and in French, both texts bei ng authoritative, in the Free and Hanseatic City 
of Hamburg, this sixteenth day of December, two thousand and nine, in three copies, one of which 
will be placed in the archives of the Tribunal and th e others transmitted to the Government of Chile 
and to the European Union, respectively. 
  
 (signed)  
P.
 CHANDRASEKHARA RAO, 
President of the Special Chamber. 
 
  
(signed) 
PHILIPPE GAUTIER , 
Registrar.  
 
 
__________