dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from Canada
Date: 20 January 2009
Document codes: WT/DS26/24
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from Canada

 The following communication, dated 19 January 2009, from the delegation of Canada to the
delegation of the European Communities, the delega tion of the United States and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), the Government of Canada here by notifies its desire to be joined in
the consultations requested of the United Stat es ("US") by the European Communities ("EC")
pursuant to Articles 21.5 and 4 of the DSU. The EC has requested consultations on its claim of
compliance with the recommendations and rulings of the Dispute Settlement Body ("DSB") in the
matter of European Communities – Measures Concerni ng Meat and Meat Pr oducts (Hormones)
(United States) (DS26). The relevant communication from th e delegation of the EC to the delegation
of the US, dated 22 December 2008, was circ ulated to WTO Members on 8 January 2009

 Canada has a direct and substantial trade inte rest in these consultations, as a major exporter of
meat and meat products. Canada has participated actively in these proceedi ngs since they began in
1996. The US has also participated actively in the dispute settlement proceedings between Canada
and the EC in EC – Hormones. For these reasons, Canada requests to be joined in these consultations.

 Canada makes this request without prejudice to its view that consultations under Article 21.5
proceedings are not required.

 A copy of this letter is being sent to the Chairman of the DSB, with a request that it be
circulated to Members
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from Australia
Date: 22 January 2009
Document codes: WT/DS26/25
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from Australia

 The following communication, dated 19 January 2009, from the delegation of Australia to the
delegation of the European Communities, the delega tion of the United States and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), Australia notifies the United States that, in light of
Australia's substantial trade interest, it desires to be joined in the consultations requested by the
European Communities in the communication entitled , Recourse to Article 21.5 of the DSU by the
European Communities and circulated to WTO Members on 8 January 2009 ().

 Australia has substantial trade and commercial inte rests in this matter. In 2007, Australia was
the world's largest exporter of beef products by value, including hormone-treated beef products.
These exports were worth over US$3.7 billion in the 2007 calendar year. Australia also exports beef
products that are not hormone-treated to member states of the Eu ropean Union, worth US$91 million
in the 2007-08 financial year.

 In addition, Australia was a third party to the original EC – Hormones dispute that gave rise
to the compliance obligations that are the subject of these consultations, and was also a third party in
the closely related US – Continued Suspension (Hormones) (DS320) dispute.

 Australia looks forward to receiving your reply.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from New Zealand
Date: 22 January 2009
Document codes: WT/DS26/26
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from New Zealand

 The following communication, dated 19 January 2009, from the delegation of New Zealand to
the delegation of the European Communities, the dele gation of the United States and to the Chairman
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), the Government of New Zealand hereby notifies the
European Communities, the Government of the United States of America and the Dispute Settlement
Body that New Zealand desires to be joined in the consultations requested by the European
Communities in a communication circulated to WTO Members on 8 January 2009 ().

 New Zealand was a third party to the EC - Hormones dispute that gave rise to the suspension
of concessions that are the subject of these consulta tions and considers that it has a substantial trade
interest in the consultations requested by the European Communities.

 New Zealand looks forward to confirmation of receipt and acceptance of this request to join
the consultations and advice regarding the timing and venue for the consultations.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Acceptance by the United States of the Requests to Join Consultations Australia, Canada and New Zealand notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requ ested by the European Communities, pursuant to Article 4.11 of the DSU. The delegation of the United States informed  the DSB that it had accepted the requests of Australia, Canada and New Zealand to join the consultations. COMMUNAUTÉS EUROPÉENNES – MESURES CONCERNANT
Date: 9 February 2009
Document codes: WT/DS26/27
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Acceptance by the United States of the Requests to Join Consultations

 Australia, Canada and New Zealand notified the Dispute Settlement Body (DSB) of their
desire to be joined in the consultations requ ested by the European Communities, pursuant to
Article 4.11 of the DSU.

 The delegation of the United States informed the DSB that it had accepted the requests of
Australia, Canada and New Zealand to join the consultations.

COMMUNAUTÉS EUROPÉENNES – MESURES CONCERNANT

des différends.

 Australia, el Canadá y Nueva Zelandia notifi caron al Órgano de Solución de Diferencias
EUROPEAN COMMUNITIES - MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 19 February 1998
Document codes: WT/DS26/13; WT/DS48/11; WT/DS26/AB/R; WT/DS48/AB/R; WT/DS26/R/USA; WT/DS48/R/CAN
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES - MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 13 February 1998, the Dispute Settlement Body adopted the Appellate Body
report on “ ”
(, )andthepanelreports( and),
as modified by the Appellate Body report. The panel reports should be read in conjunction with the
Appellate Body report.
COMMUNAUTES EUROPEENNES - MESURES CONCERNANT LES VIANDES
Rapport de l'Organe d'appel et rapports du Groupe spécial
de l'Organed'appelintitulé"Communautés européennes -Mesures concernantlesviandeset lesproduits
du Groupe spécial sont à rapprocher de celui de l'Organe d'appel.
Informe del Órgano de Apelación e informes de los Grupos Especiales
Actuación del Órgano de Solución de Diferencias
En su reunión de 13 de febrero de 1998, el Órgano de Solución de Diferencias adoptó el informe
losGruposEspeciales( y), modificadosporelinformedelÓrgano
de Apelación.
EUROPEAN COMMUNITIES - MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Surveillance of Implementation of Recommendations and Rulings Request for Arbitration by the European Communities
Date: 16 April 1998
Document codes: WT/DS26/14; WT/DS48/12; G/L/235
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES - MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Surveillance of Implementation of Recommendations and Rulings
Request for Arbitration by the European Communities
The following communication, dated 8 April 1998, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request
of that delegation.
On 13 February 1998, the Dispute Settlement Body adopted recommendations and rulings in
respect of the Panel and AppellateBodyreportson“ EC - Measures Concerning Meat and Meat Products
(Hormones)” (WT/DS26, WT/DS48). On 13 March 1998, the European Communities announced
to the DSB that it would require a “ reasonable period of time” in order to fulfil its obligations under
the WTO in respect of this matter.
On 26 March 1998, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), we attempted to reach agreement with Canada and the
United States on a “ reasonable period of time” for our implementation of the DSB rulings and
recommendations. A further effort to elicit a response was made on 6 April. No agreement could,
however, so far be achieved. In order to preserve the rights of the European Communities in this
case under the DSU, we hereby request that the “ reasonable period of time” be determined by binding
arbitration pursuant to Article 21.3(c) of the DSU.
Pursuant to footnote 12 to the DSU, we will open discussions with Canada and the United
States with a view to achieving agreement on an Arbitrator within the next ten days.
Please circulate this request to Members of the Dispute Settlement Body and request the
Secretariat to notify the Council for Trade in Goods.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request by the European Communities for Arbitration under Article 22.6 of the DSU
Date: 9 June 1999
Document codes: WT/DS26/20; WT/DS26/19.
Complainant: U.S.
Respondent: EU
Third parties: Australia, Canada, New Zealand, Norway
Dispute stage: Implementation & Compliance
Agreements cited: Art. III, XI  GATT 1994Art. 2  Technical Barriers to Trade (TBT)Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Request by the European Communities for Arbitration
under Article 22.6 of the DSU
The following communication, dated 2 June 1999, from the Permanent Delegation of the
European Commission to the Chairman of the Disp ute Settlement Body, is circulated pursuant to
Article 22.6 of the DSU.
My authorities have requested me to inform you that, pursuant to Article 22.6 of the DSU, the
European Communities object to the level of suspension proposed by the United States in document
 The European Communities believe that the figure of US$202 million of annual trade
proposed by the United States is far higher than the actual level of nullification or impairment of
benefits suffered by this Member because of the measures on meat and meat products maintained by
the European Communities. The European Communities, therefore, request that this matter be
referred to arbitration.
The European Communities also ask the arbitrator s to request the United States to submit a
list with proposed suspension of concessions equivalent to the level of nullification or impairment
once this has been determined by the arbitrators in accordance with Article 22.7 of the DSU in
conjunction with Article 22.4 of the DSU.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from the Dominican Republic
Date: 28 February 1996
Document codes: WT/DS27/2
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
Communication from the Dominican Republic
The following communication, dated 21 February 1996, from the Permanent Mission of the
DominicanRepublictothePermanentDelegationoftheEuropeanCommission,thePermanentMissions
of Ecuador, Guatemala, Honduras, Mexico and the United States, and the Chairman of the DSB, is
circulated at the request of the Permanent Mission of the Dominican Republic.
The Government of the Dominican Republic wishes to notify you of its interest in being joined
in the consultations requested by the Governments of Ecuador, Guatemala, Honduras, Mexico and
the United States of America (USA) with the EuropeanUnionpursuanttoArticle4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes, in connection with the European Union's
regime for the importation of bananas established by Regulation 404/93. The request was dated
5 February 1996.
The Government of the Dominican Republic makes this notification pursuant to Article 4,
paragraphs 10 and 11, of the WTO Understanding on Rules and Procedures Governing the Settlement
of Disputes and because it considers that it has a substantial interest in the above-mentioned consultations,
since any change in the European Union's regime for the importation of bananas would seriously impair
the Dominican banana industry.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Nicaragua
Date: 28 February 1996
Document codes: WT/DS27/4
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
Communication from Nicaragua
The following communication, dated 21 February 1996, from the Permanent Mission of
Nicaragua to the Permanent Delegation of the European Commission and to the Chairman of the DSB,
is circulated at the request of the Permanent Mission of Nicaragua.
The Government of Nicaragua takes note of the request for consultations made by Ecuador,
Guatemala, Honduras, Mexico and the United States in connection with the European Communities'
regime for the importation, sale and distribution of bananas, established in Regulation 404/93 and the
legislation implementing, supplementing and amending it, which includes the Framework Agreement
on Bananas (Commission Regulation (EC) No. 3290/94, OJ L 349).
The banana industry is a major source of foreign exchange and provides employment for a
significant sector of the Nicaraguan population. For this reason, my Government has a substantial
trade interestinthe consultationsinquestion,inasmuch as the EuropeanUnionhas, over the pastdecade,
constituted the only market for Nicaraguan banana exports. Accordingly, any change that does not
take due account of Nicaragua's interests could have serious effects on its economy.
Consequent upon this substantial trade interest and pursuant to the terms of Article 6 of the
Agreement on Import Licensing Procedures, Article 4 of the Dispute Settlement Understanding and
other rules applicable in this matter, the Government of Nicaragua wishes to be joined in this consultation
procedure.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Communication from Jamaica Thefollowingcommunication,dated20February1996,fromthePermanent MissionofJamaica to the Permanent Delegation of the European Commission and the Permanent Missions of Ecuador, Guatemala, Honduras, Mexico and the United States, and to the Chairman of the DSB, is circulated at the request of the Permanent Mission of Jamaica.
Date: 1 March 1996
Document codes: WT/DS27/5; WT/DS27/1
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
Communication from Jamaica
Thefollowingcommunication,dated20February1996,fromthePermanent MissionofJamaica
to the Permanent Delegation of the European Commission and the Permanent Missions of Ecuador,
Guatemala, Honduras, Mexico and the United States, and to the Chairman of the DSB, is circulated
at the request of the Permanent Mission of Jamaica.
I refer to the request for consultations on the European Communities' Banana Import Régime
which has been made by the United States of America, Guatemala, Mexico, Honduras and Ecuador
(Document dated 12 February 1996).
On instructions from my Government, I am conveying to you Jamaica's wish to join these
consultations as a country having considerable interest in the trade of bananas with the Communities.
EUROPEAN COMMUNITIES - RÉGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Constitution of the Panel Established at the Request of Ecuador, Guatemala, Honduras, Mexico and the United States Communication by the DSB Chairman
Date: 7 June 1996
Document codes: WT/DS27/7; WT/DS27/6.
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 - RÉGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Constitution of the Panel Established at the Request of Ecuador,
Guatemala, Honduras, Mexico and the United States
Communication by the DSB Chairman
1. At its meeting on 8 May 1996, the Dispute Settlement Body (DSB) established a panel in
accordance with the request made by Ecuador, Guatemala, Honduras, Mexico and the United States
in document
2. At that DSB meeting, parties agreed that the Panel should have standard terms of reference.
The terms of reference of the Panel are the following:
"To examine, in the lightof the relevant provisions of the covered agreements cited byEcuador,
Guatemala, Honduras, Mexico and the United States in document , the matter
referred to the DSB by Ecuador, Guatemala, Honduras, Mexico and the United States in that
document and to make such findings as will assist the DSB in making the recommendations
or in giving the rulings provided for in those agreements".
3. On 29 May 1996 Ecuador, Guatemala, Honduras, Mexico and the United States requested
the Director-General tocompose the Panel byvirtueof paragraph 7 of Article8 of the DisputeSettlement
Understanding. This paragraph provides:
"If there is no agreement on the panellists within 20 days after the date of the establishment
of a panel, at the requestof eitherparty, the Director-General, inconsultation withthe Chairman
of the DSB and the Chairman of the relevant Council or Committee, shall determine the
composition of the panel by appointing the panellists whom the Director-General considers
most appropriate in accordance with any relevant special or additional rules or procedures of
the covered agreement or covered agreements which are at issue in the dispute, after consulting
with the parties to the dispute. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the Chairman receives
such a request."
The Director-General has accordingly composed the panel as follows:
Chairman: Mr. Stuart Harbinson
Members: Mr. Kym Anderson
Mr. Christian Häberli
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: English EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from the Chairman of the Panel
Date: 23 December 1996
Document codes: WT/DS27/8
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
Communication from the Chairman of the Panel
The following communication, dated 17 December 1996 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been decided
until the date the final report is issued to the parties, shall, as a general rule, not exceed six months.
Article 12.9 of the DSU states that when the panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.
The Panel "European Communities - Régime for the Importation, Sale and Distribution of
Bananas" was established by the DSB on 8 May 1996 and, at the request of Ecuador, Guatemala,
Honduras, Mexico and the United States, the Director-General announced the composition of the Panel
on 7 June 1996. In light of a number of factors including (i) the large number of parties and third
parties to the dispute; (ii) the number and complexity of claims presented by the five complainants;
(iii) the number of WTO Agreements involved, some of which have been invoked for the first time
in dispute settlement proceedings; (iv) the wish of the parties to use the maximum time periods
prescribed in the DSU; (v) the agreement of the Panel to requests to extend the time periods in some
instances, including a delay in the timing of the first meeting of the Panel with the parties until after
the 1996 summer break, and (vi) unforeseen developments with respect to the servicing of the Panel
by the Secretariat, the Panel has not been able to issue its report within six months.
The Panel expects to complete its work before the end of April 1997.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Communication from the Appellate Body
Date: 11 August 1997
Document codes: WT/DS27/10
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
Communication from the Appellate Body
The following communication, dated 8 August 1997, from the Chairman of the Appellate Body
addressed tothe Chairman ofthe DisputeSettlementBody,iscirculated inaccordance withArticle 17(5)
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified its decision to appeal.
Article 17.5 states, furthermore, that when the Appellate Body considers that it cannot provide its report
within 60 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate
of the period within which it will submit its report.
The European Communities notified the Dispute Settlement Body of their decision to appeal
certain issues of law covered in the Panel Report and legal interpretations developed by the Panel,
on 11 June 1997, with the result that the 60-day period will expire on Monday, 11 August 1997. In
light of the extraordinary complexity of this case, the unprecedented number of issues under appeal
and the large number of participants and third participants involved, the Appellate Body will not be
able to circulate its report by 11 August 1997. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members by Tuesday, 9 September 1997.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Communication from the Appellate Body
Date: 18 September 1997
Document codes: WT/DS27/11
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
Communication from the Appellate Body
The following communication, dated 5 September 1997, from the Chairman of the Appellate
Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in , AB-1997-3. It will be circulated on
Tuesday, 9 September 1997 to Members of the in accordance with paragraph 5
of Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
The three Members of the Appellate Bodywhoserved onthisappeal were Mr. James Bacchus, Presiding
Member; Mr. Christopher Beeby and Mr. Said El-Naggar, Members.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Appointment of Arbitrator by the Director-General Note by the Secretariat On 8 December 1997, pursuant to the request by the Ecuadaor, Guatemala, Honduras, Mexico and the United States of 1 December 1997, the Director-General appointed Mr. Said El-Naggar to act as arbitrator under Article 21.3(c) of the Dispute Settlement Understanding in the matter "European Communities - Regime for the Importation, Sale and Distribution of Bananas". COMMUNAUTES EUROPEENNES - REGIME APPLICABLE A L'IMPORTATION, A LA VENTE ET A LA DISTRIBUTION DES BANANES Désignation d'un arbitre par le Directeur général Note du Secrétariat Le 8 décembre 1997,suiteà la demande présentée par l'Equateur,lesEtats-Unis,le Guatemala, le Honduras et le Mexique le 1 décembre 1997, le Directeur général a désigné M. Said El-Naggar comme arbitre, conformément à l'article 21:3 c) du Mémorandum d'accord sur le règlement des différends, dans l'affaire "Communautés européennes - Régime applicable à l'importation, à la vente et à la distribution des bananes".
Date: 12 December 1997
Document codes: WT/DS27/14
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
Appointment of Arbitrator by the Director-General
Note by the Secretariat
On 8 December 1997, pursuant to the request by the Ecuadaor, Guatemala, Honduras, Mexico
and the United States of 1 December 1997, the Director-General appointed Mr. Said El-Naggar to
act as arbitrator under Article 21.3(c) of the Dispute Settlement Understanding in the matter "".
COMMUNAUTES EUROPEENNES - REGIME APPLICABLE A L'IMPORTATION,
Note du Secrétariat
différends, dans l'affaire "Communautés européennes - Régime applicable à l'importation, à la vente
VENTA Y DISTRIBUCIÓN DE BANANOS
Nota de la Secretaría
y distribución de bananos" al Sr. Said El-Naggar.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: English EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 7 January 1998
Document codes: WT/DS27/16
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
Arbitration under Article 21.3(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 23 December 1997, from the arbitrator, Mr. Said El-Naggar
to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 21.3(c) of
the Understanding on Rules and Procedures Governing the Settlement of Disputes.
It is my honour to transmit to you my Arbitration Award in , pursuant to Article 21.3(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes. It will remain confidential until the
official date of circulation on Wednesday, 7 January 1998.
EUROPEAN COMMUNITIES -  REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Status Report by the European Communities
Date: 13 July 1998
Document codes: WT/DS27/17
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
Status Report by the European Communities
The following communication, dated 10 July 1998, from the Permanent Delegation of the European
Commission to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Progress on the Implementation of the
Recommendations and Rulings
Pursuant to Article 21.6 of the DSU, the Community is pleased to inform the DSB of
significant progress towards implementing the rulings and recommendations of the DSB concerning
the Community's banana regime.
In the context of those recommendations and rulings, the Council of the European Union,
after consulting the European Parliament, has taken the decision in principle to amend the external
trade provisions of Regulation 404/93. That decision will be followed by another implementing
regulation concerning the new rules on licensing system which will be adopted by the Commission of
the European Communities. An express delegation of powers has been decided by the Council of the
European Union to this effect. Thirdly, the Council of the European Union has authorized the
Commission of the European Communities to open a negotiation in order to seek agreement with
respect to the allocation of shares in the EC banana tariff rate quotas with all the other contracting
parties having a substantial interest in supplying the product concerned pursuant to Article XIII:2(d)
of the General Agreement.
Both regulations will enter into force in the following weeks, three days after they are
published in the Official Journal of the European Communities. They will be applicable as from
1 January 1999. The European Communities confirm that the reasonable period of time of 15 months
and one week that was awarded by the Arbitrator, Mr. El-Naggar, under Article 21.3 of the Dispute
Settlement Understanding will be duly respected.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Status Report by the European Communities Addendum
Date: 9 October 1998
Document codes: WT/DS27/17/Add.2
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
Status Report by the European Communities
Addendum
The following communication, dated 8 October 1998, from the Permanent Delegation of the
European Commission to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the
DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
Dispute Regarding
In keeping with the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), the European Communities is obliged to inform the Dispute Settlement Body (DSB)
of the status of implementation of the recommendations and rulings in the dispute regarding
"". This
matter will again be on the agenda of the DSB on 21 October 1998 and, as provided for in
Article 21.6 of the DSU, the Community presents its third report.
As described in our status report of 13 July 1998, the implementation of the recommendations
of the DSB requires a modification of the trade provisions of Regulation 404/93. In this context, the
Council of the European Union, after consulting the European Parliament, has adopted Council
Regulation No. 1637/98 of 20 July 1998, published in the Official Journal of the European
Communities (OJEC) L 210 of 28 July 1998.
That Regulation, which is for the time being a partial implementation of the DSB
recommendations, will be followed, in the near future, by another regulation concerning the rules for
the management of the import regime which will be adopted by the Commission of the European
Communities. This second regulation will conclude the implementing process.
As mandated by the Council of the European Union, the Commission undertook negotiations
in order to seek agreement with respect to the allo cation of shares in the EC banana tariff rate quotas
with all contracting parties having a substantial interest in supplying the product concerned pursuant
to Article XIII:2(d) of the General Agreement on Ta riffs and Trade. Regrettably these negotiations
have not resulted in agreement.

Council Regulation (EC) No. 1637/98 entered into force on 31 July 1998, three days after it
was published in the OJEC. It will be applicable as from 1 January 1999. The European
Communities confirm that the reasonable period of time of 15 months and one week will be duly
respected.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Status Report by the European Communities Addendum
Date: 13 November 1998
Document codes: WT/DS27/17/Add.3
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
Status Report by the European Communities
Addendum
The following communication, dated 12 November 1998, from the Permanent Delegation of
the European Commission to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of
the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
 Dispute Regarding
In keeping with the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), the European Communities is obliged to inform the Dispute Settlement Body (DSB)
of the status of implementation of the recommendations and rulings in the dispute regarding
“”. This
matter is again on the agenda of the DSB on 25 November 1998 and, as provided for in Article 21.6
of the DSU, the Community presents its fourth report.
As described in previous status reports, the implementation of the recommendations of the
DSB requires a modification of the trade provisions of Regulation 404/93. In this context, the
Council of the European Union, after consulting the European Parliament, has adopted Council
Regulation No. 1637/98 of 20 July 1998, published in the Official Journal of the European
Communities (OJEC) L 120 of 28 July 1998.
That Regulation, which was a partial implementation of the DSB recommendations, was
followed, by Regulation No. 2362/98 of 28 October 1998, published in the Official Journal of the
European Communities (OJEC) L 293/32 of 31 October 1998.
With the adoption of this second Regulation, the implementation of the recommendations and
rulings in the dispute regarding “” is completed.
Both Regulations are now in force. The system will be fully applicable from 1 January 1999.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Panama
Date: 4 September 1998
Document codes: WT/DS27/19
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
Request to Join Consultations
Communication from Panama
The following communication, dated 31 August 1998, from the Permanent Mission of
Panama to the Permanent Delegation of the European Communities, is circulated in accordance with
the DSU.
The Permanent Mission of the Republic of Panama to the presents
its compliments to the Permanent Delegation of the European Commission to the and hereby informs it that the National Government of Panama takes note of the request
of the Governments of Ecuador, the United States , Guatemala, Honduras and Mexico, circulated in
document , for the holding of consul tations with the European Communities on its
compliance with the recommendations and rulings in European Communities - Regime for the
Importation, Sale and Distribution of Bananas , within the reasonable period established therefor,
which expires on 1 January 1999.
The Republic of Panama also wished to express its desire to be joined in the consultations
requested by Ecuador, the United States, Guatemala, Honduras and Mexico because it considers that
the measures adopted by the European Communities af fect its trade interests as a substantial supplier
of bananas to the European Communities.
The Permanent Mission of Panama to the awaits the reply of the
Permanent Delegation of the European Commission to the and takes this
opportunity to renew to the Delegation the assurances of its consideration.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from the Dominican Republic
Date: 15 September 1998
Document codes: WT/DS27/20; WT/DS27/18
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
Request to Join Consultations
Communication from the Dominican Republic
The following communication, dated 7 September 1998, from the Permanent Mission of the
Dominican Republic to the Chairman of the Dispute Settlement Body, is circulated in accordance with
the DSU.
The Government of the Dominican Republic takes note of the request of the Governments of
Ecuador, Guatemala, Honduras, Mexico and the United States, circulated in document
dated 31 August 1998, for the holding of consultations concerning compliance with the
recommendations and rulings of the Dispute Settlement Body in .
In conformity with Article 4, paragraph 11 of the Dispute Settlement Understanding, the
Dominican Republic notifies its desire to be joined in the consultations requested in
document As a non-traditional ACP supplier, the Dominican Republic has a
substantial interest in this matter, and in the implementation by the European Communities of the
recommendations and rulings of the Dispute Settlement Body before 1 January 1999.