WORLD TRADE  
ORGANIZATION  G/C/W/529 
11 October 2005 
 
 (05-4613) 
Council for Trade in Goods Original:   English 
  
 
REQUEST FOR EXTENSION OF A WAIVER UNDER GATT ARTICLE XIII 
 
Tariff Rate Quota for Bananas of ACP Origin
 
 
 
 The following communication, dated 7 October 2005, is being circulated at the request of the 
delegation of the European Communities.   
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 Please find enclosed a request by the European  Communities for the extension of the current 
GATT Article XIII waiver concerning the tariff rate quota (TRQ) for bananas of ACP origin 
(WT/MIN(01)/16 of 14 November 2001 ).  The European Communities would like to have this request 
on the agenda of the next meeting of the C ouncil for Trade in Goods on 10 November 2005.  
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THE EC AUTONOMOUS TARIFF RATE QUOTA (TRQ)  ON IMPORTS OF BANANAS ORIGINATING IN 
MEMBERS OF THE AFRICAN , CARIBBEAN AND PACIFIC (ACP)  REGION  
 
 On 12 September 2005, the European Commission adopted a proposal for the new EC tariff-
only import regime for bananas to be introduced from 1 January 2006.    This proposal was adopted following the Arbitral Award issued on 1 August 2005 which had 
been made pursuant to the Annex of the WTO Decision on the ACP-EC Partnership Agreement 
(“Doha Waiver”) of 14 November 2001 further to th e request for arbitration of nine MFN banana 
suppliers (Brazil, Colombia, Costa Rica, Ecua dor, Guatemala, Honduras, Nicaragua, Panama and 
Venezuela). As also required by the Annex to the Doha Waiver, the European Communities held 
consultations on this new proposal with those WTO Members which  had requested the arbitration.  
 
 The proposal maintains the current duty-free ta riff rate quota (TRQ) exclusively for bananas 
originating in African, Caribbean and Pacific (ACP) countries Party to the ACP-EC Partnership Agreement (“Cotonou Agreement”).  The level of the TRQ, at 775,000 tonnes, reflects the existing 
preferential ACP access, adjusted to take account of enlargement of the EU on 1 May 2004.  The continuation of the TRQ is justified by the need to maintain total market access for MFN banana 
suppliers under the new import regime, as require d by the Doha Waiver, while maintaining an 
equivalent level of preference for the ACP bana na supplying countries, according to the EC’s 
commitments under the Cotonou Agreement.   In this light, the European Communities re quests that Members extend until 31 December 
2007 the existing waiver from paragraphs 1 and 2 of  Article XIII of the GATT 1994, for a quantity of 
775.000 tonnes of imports of bananas or iginating in ACP countries.  This  will bring this waiver in line 
with the Doha Waiver from Article I paragraph 1 of the GATT 1994, which also covers a period 
ending on 31 December 2007.   G/C/W/529 
Page 2  
 
  The European Communities requests that WTO Me mbers give this application for a waiver 
favourable consideration.   G/C/W/529 
 Page 3 
 
 
  
 
 WORLD TRADE  
ORGANIZATION   
  
 
 
 
EUROPEAN COMMUNITIES - T HE EC AUTONOMOUS TARIFF RATE QUOTA (TRQ)  ON IMPORTS OF 
BANANAS (CN  CODE 0803  00 19) ORIGINATING IN MEMBERS OF THE AFRICAN , CARIBBEAN AND 
PACIFIC (ACP)  REGION  
 
Decision of […] 
  
 The General Council,  
  Having regard  to the Guiding Principles to be followed in considering applications for 
waivers adopted on 1 November 1956, the Understa nding in Respect of Waivers of Obligations under 
the General Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the 
Marrakech Agreement establishing the World Trade Organisation (hereinafter “WTO Agreement”);  
 
 Conducting the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement;   Taking into account the WTO Decision on the ACP-EC Partnership Agreement (“Doha 
Waiver”) adopted on 14 November 2001 and granting until 31 December 2007 a waiver from 
Article I paragraph 1 of the GATT 1994 with respect to  products originating in ACP states as required 
by Article 36.3, Annex V and the Protocol s of the ACP-EC Partnership Agreement; 
  Recalling  the WTO decision
1 granting until 31 December 2005 a waiver from Article XIII of 
the GATT 1994 with respect to a tariff rate quota (TRQ) for bananas of ACP origin; 
  
 Noting that, in light of the Annex to the Doha Waiv er, it is appropriate for the EC to maintain 
a TRQ for bananas of ACP origin so as to ensure that the envisaged rebinding of the EC tariff would 
result in at least maintaining total market access for MFN banana suppliers; 
 
 Noting assurances given by the EC that it will, upon request, promptly enter into consultations 
with any interested member with respect to any diff iculty or matter that may arise as a result of the 
implementation of the TRQ for bananas originating in ACP States;    Considering that, in the light of the foregoing, the exceptional circumstances justifying the 
continuation of the waiver from paragraphs 1 and 2 of Article XIII of the GATT 1994 with respect to 
bananas continue to exist;      
                                                     
 
1WT/MIN(01)/16 of 14 November 2001 G/C/W/529 
Page 4  
 
  Decides as follows:  
 1. The waiver of paragraphs 1 and 2 of Ar ticle XIII GATT 1994 of 14 November 2001, 
applicable until 31 December 2005, shall be ex tended until 31 December 2007 in respect to 
the EC’s TRQ of 775,000 tonnes for bananas of ACP origin. 
 
2. The EC will, upon request, promptly enter into c onsultations with any in terested member with 
respect to any difficulty or matter that may ar ise as a result of the implementation of the TRQ 
for bananas originating in ACP countries covere d by this waiver;  where a Member considers 
that any benefit accruing to it under the GATT 1994 may be or is being impaired unduly as a 
result of such implementation, such consultati ons shall examine the possibility of action for a 
satisfactory adjustment of the matter. 
 
3. Any Member which considers that the TRQ for bananas originating in ACP countries covered 
by this waiver is being applied inconsistently with this waiver or that any benefit accruing to 
it under the GATT 1994 may be or is being impa ired unduly as a result of the implementation 
of the TRQ for bananas originating in ACP countries covered by this waiver and that 
consultations have proved unsa tisfactory, may bring the matte r before the General Council, 
which will examine it promptly and will form ulate any recommendations that they judge 
appropriate.  
 
4. This waiver shall not preclude the right of affected members to have recourse to 
Articles XXII and XXIII of the GATT 1994. 
 
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