EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS: SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY ECUADOR
Document: Joint Request by Ecuador and the European Communities for a Decision by the DSB
Date: 23 May 2008
Document codes: WT/DS27/87
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS:
SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY ECUADOR

Joint Request by Ecuador and the European Communities

for a Decision by the DSB

 The following communication, dated 22 May 200 8, from the delegation of Ecuador and the
delegation of the European Communities to the Chai rman of the Dispute Settlement Body (DSB), is
circulated at the request of those delegations.

 Ecuador and the European Communities request that a special meeting of the Dispute
Settlement Body (DSB) be held on 2 June 2008, as provided in Article 2.3 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU), to adopt the following draft
decision with respect to the dispute (WT/DS27).

Draft Decision of the DSB

 "The DSB agrees that, upon a request by Ecuador, the DSB shall no later than
29 August 2008, adopt the report of the panel in the dispute (WT/DS27) unless (i) the DSB decides by consen sus not to do so or (ii) the European
Communities notifies the DSB of its decision to appeal not later than 29 August 2008."

 Attached to the letter you will find the text of the procedural agreement between the parties to
the dispute.

 We would be grateful if you could circulate this document to WTO Members.

Procedural Agreement between Ecuador and the European Communities

regarding the Time-Period under Article 16.4 of the DSU

1. The above parties agree that the 60 day time-period in Article 16.4 of Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU) as applicable to the dispute European
Communities – Regime for the Importation, Sale an d Distribution of Bananas: Second Recourse to
Article 21.5 of the DSU by Ecuador (WT/DS27), will be extended to 29 August 2008, and that a
decision of the Dispute Settlement Body (DSB) on th is extension will be sought at a meeting of the
DSB to be requested for 2 June 2008.

2. This extension is agreed on the understanding that the rights of the parties to the dispute with
respect to adoption or appeal of the panel report ar e preserved, as if such adoption or appeal had been
requested within 60 days specified in Article 16.4 of the DSU.

Mr. César Montaño Huerta
Chargé d’ affaires a.i.
Permanent Mission of Ecuador to the WTO
H.E. Eckart Guth
Ambassador
Permanent Representative of the EC