dean22029/WTO_Docs huggingface dataset:
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Constitution of the Panel Established at the Requests of the EC, Canada and the United States Note by the Secretariat
Date: 6 November 1995
Document codes: WT/DS8/6; WT/DS10/6; WT/DS11/3; WT/DS8/5; WT/DS10/5; WT/DS11/2
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Constitution of the Panel Established at the Requests of the
EC, Canada and the United States
Note by the Secretariat
1. At its meeting on 11 October 1995, the DSB established a single panel pursuant to the requests
of the EC (), Canada () and the United States ( and Corr.1), all
of which related to the same matter, in accordance with Article 9 of the DSU (WT/DSB/M/8).
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 light of the relevant provisions of the covered agreements cited by the
EC, Canada and US in documents , , and Corr.1., the
matters referred to the DSB by the EC, Canada and the United States in those documents 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 30 October 1995, the Panel was constituted with the following composition:
Chairman: Mr. Hardeep Puri
Panelists: Mr. Luzius Wasescha
Mr. Hugh McPhail
4. Norway has reserved its right as a third-party to the dispute.
5. The Panel is assisted by Petros C. Mavroidis as Legal Officer and Gabrielle Marceau as
Secretary.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Constitution of the Panel Established at the Requests of the EC, Canada and the United States Corrigendum and Note by the Secretariat 1, For the requests by the EC (WT/DS8/5), Canada (WT/DS10/5) and the United States (WT/DS11/2), a single panel was established at the DSB meeting of 27 September 1995 (WT/DSB/M/7) with the standard terms of reference mentioned in WT/DS8/6 (as well as WT/DS10/6 and WT/DS11/3).
Date: 7 December 1995
Document codes: WT/DS8/7; WT/DS10/7; WT/DS11/4; WT/DS8/5; WT/DS10/5; WT/DS11/2; WT/DS8/6; WT/DS10/6; WT/DS11/3
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Constitution of the Panel Established at the Requests of the
EC, Canada and the United States
Corrigendum and Note by the Secretariat
1, For the requests by the EC (), Canada () and the United States
(), a single panel was established at the DSB meeting of 27 September 1995 (WT/DSB/M/7)
with the standard terms of reference mentioned in (as well as and ).
2. On 7 November 1995, Norway informed the Panel of the withdrawal of its request to participate
as a third-party in the dispute.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request for Consultations by Canada
Date: 17 July 1995
Document codes: WT/DS10/1
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request for Consultations by Canada
The following communication, dated 7 July 1995, from the Permanent Mission of Canada to
the Permanent Mission of Japan is circulated at the request of the Permanent Mission of Canada.
The Government of Canada requests consultations with the Government of Japan pursuant to
paragraph 1 of Article XXII of the General Agreement on Tariffs and Trade 1994 regarding certain
liquor taxation laws. These laws include, but are not limited to, the Japanese Liquor Tax Law, as
amended, pursuant to which tax rates are levied on certain domestic and imported alcoholic beverages.
The products concerned are shochu and all other distilled spirits and liqueurs falling with
HS 2208.20 ("Spirits obtained by distilling grape wine or grape marc"), HS 2208.30 ("whiskies"),
HS 2208.40 ("rum and tafia"), HS 2208.50 ("gin and geneva") and HS 2208.90 ("other" including
fruit brandies, vodka, ouzo, korn, cream liqueurs and "classic" liqueurs).
The Government of Canada understands that Japan has amended the Japanese Liquor Tax Law
following the General Agreement on Tariffs and Trade 1947 Panel Report Japan - Customs Duties,
Taxes and Labelling Practices on Imported Wines and Alcoholic Beverages (L/6216) that was adopted
by the CONTRACTING PARTIES on 10 November 1987. However, under the amended liquor taxation
law, Japan still imposes higher rates of taxation on imported alcoholic beverages including whiskies,
brandies, other distilled alcoholic beverages and liqueurs than on Japanese shochu.
The Government of Canada considers that the Liquor Tax Law, as amended, is inconsistent
with the obligations of Japan under the General Agreement on Tariffs and Trade 1994. The provisions
of this Agreement with which the liquor taxation law is inconsistent include, but are not limited to,
Article III:2 of the General Agreement on Tariffs and Trade 1994.
Consequently, the Government of Canada considers that the Japanese Liquor Tax Law, as
amended, nullifies and impairs the benefits accrued to Canada under the General Agreement on Tariffs
and Trade 1994.
In accordance with Article 4 of the Understanding on Rules and Procedures governing the
Settlement of Disputes, the Government of Canada requests consultations withthe Government of Japan
to discuss this matter with the intention of reaching a mutually satisfactory result.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request to be Joined in Consultations under Article 4.11 of the DSU Communication by the United States
Date: 21 July 1995
Document codes: WT/DS10/2
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request to be Joined in Consultations under Article 4.11 of the DSU
Communication by the United States
The following communication, dated 17 July 1995, from the Office of the United States Trade
Representative to the Permanent Mission of Canada and the Permanent Mission of Japan is circulated
at the request of the Office of the United States Trade Representative.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the United States Government hereby notifies the Dispute Settlement
Body that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations under Article XXII:1 of GATT 1994 requested by Canada in a communication circulated
to WTO Members on 17 July 1995 (), entitled "."
The United States has a substantial trade interest in the alcoholic beverages that are the subject
of Canada's request. Japan is the second largest market for US distilled spirits exports. United States
exports of distilled spirits were valued at US$93 million in 1994, or approximately 25 per cent of US
distilled spirits exports to the world.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request to join in Consultations under Article 4.11 of the DSU Communication from the European Community
Date: 27 July 1995
Document codes: WT/DS10/3
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request to join in Consultations under Article 4.11 of the DSU
Communication from the European Community
The following communication, dated 17 July 1995, from the Permanent Delegation of the
Commission of the EuropeanCommunities tothe Permanent Mission of Japan iscirculated at the request
of the Permanent Delegation of the Commission of the European Communities.
With regard to Canada's request for consultations under Article XXII:1 of the General Agreement
on Tariffs and Trade 1994 and under Article 4:11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) concerning the domestic taxation of alcoholic beverages
in Japan (cf. document ), the European Communities request to be joined in these
consultations in accordance with the provisions of Article 4:11 of the DSU. As is apparent from the
enclosed statistics, the European Communities have a substantial trade interest in this matter.
The European Communities have no objection against a joint meeting in which both Canada's
request for consultations under Article XXII:1 and the European Communities' request under XXII:1
on the above-mentioned subject would be discussed, it being understood that all the procedural rights
of the European Communities shall remain unaffected, i.e., that in every respect the consultations
requested by the European Communities shall continue to be considered as independent and distinct
from Canada's request for consultations on the same subject.

ANNEX
EU12 Exports of Alcoholic Beverages to Japan
HS code 2208
UNDENATURED ETHYL ALCOHOL OF AN ALCOHOLIC STRENGTH BY VOLUME OF LESS THAN 80% VOL;
SPIRITS, LIQUEURS AND OTHER SPIRITUOUS BEVERAGES; COMPOUND ALCOHOLIC PREPARATIONS OF A
KIND USED FOR THE MANUFACTURE OF BEVERAGES:
000 ECU
1992 1993 1994 (Jan.-Nov.)
(1) EU exports of 2208 to Japan 561.834 506.011 499.306
(2) Tot EU export to Japan 20.565.471 22.755.880 24.090.588
(1)/(2) in % 2,73 % 2,22 % 2,07 %
Source: EUROSTAT COMEXT
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Acceptance by Japan of the Requests to Join Consultations by the United States and the European Communities under Article 4.11 of the DSU In a communication, dated 19 July 1995, Japan informed the Dispute Settlement Body that it had accepted the requests of the United States (WT/DS10/2) and the European Communities (WT/DS10/3) to join consultations which the Government of Canada had requested with Japan (WT/DS10/1).
Date: 1 August 1995
Document codes: WT/DS10/4; WT/DS10/2; WT/DS10/3; WT/DS10/1
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Acceptance by Japan of the Requests to Join Consultations
by the United States and the European Communities
under Article 4.11 of the DSU
In a communication, dated 19 July 1995, Japan informed the Dispute Settlement Body that
it had accepted the requests of the United States () and the European Communities
() to join consultations which the Government of Canada had requested with Japan
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request for the Establishment of a Panel by Canada
Date: 15 September 1995
Document codes: WT/DS10/5
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request for the Establishment of a Panel by Canada
The following communication, dated 14 September 1995, from the Permanent Mission of Canada
to the Chairman of the Dispute Settlement Body is circulated at the request of that delegation.
On 7 July 1995 the Government of Canada requested consultations with the Government of
Japan concerning tax rates levied pursuant to the Japanese Liquor Tax Law on certain domestic and
imported alcoholic beverages. In accordance with Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU), that request was circulated to members of
the on 17 July 1995 ().
The Government of Canada requested consultations with a view to gaining the full benefit of
the conditions of competitionthatthe Japanese Liquor Tax Law nullifiesand impairs byimposing higher
rates of taxation on imported alcoholic beverages including whiskies, brandies, other distilled alcoholic
beverages and liqueurs than on Japanese shochu. The products concerned fall within HS 2208.30
("whiskies"), HS 2208.40 (""rum and tafia"), HS 2208.90 ("other" including fruit brandies, vodka,
ouzo, korn, cream liqueurs and "classic" liqueurs).
Canada and Japan held consultations in Geneva on 20 July 1995 with a view to reaching a
satisfactory resolution of the matter. Unfortunately, the consultations failed to settle the dispute and
further consultations are not likely to resolve the matter.
Pursuant to Article XXIII of GATT 1994 and Articles 4 and 6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU), Canada hereby requests that a panel be
established at the next meeting of the Dispute Settlement Body scheduled for 27 September 1995.
Canada requests that the Panel consider and find that the rates of taxation imposed pursuant
to the Japanese Liquor Tax Law are:
a) inconsistent with Article III:1 and III:2 of GATT 1994;
b) nullifying and impairing the benefits accruing to Canada pursuant to the WTO.
Canada requests that the Panel be established with the standard terms of reference as set out
in Article 7 of the DSU. Canada further requests that this request for the establishment of a Panel
be inscribed on the agenda of the meeting of the DSB on 27 September 1995.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Surveillance of Implementation of Recommendations and Rulings
Date: 13 January 1997
Document codes: WT/DS11/9; G/L/137
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: GATT 1994: Art. III, III:2

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Surveillance of Implementation of Recommendations and Rulings
The following communication, dated 24 December 1996, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated at the request of that
delegation.
Asyouare aware, on1 November1996,the DisputeSettlement Bodyadoptedrecommendations
and rulings in respect of the panel and Appellate Body reports on “ ” . The United States hereby requests that the “ reasonable period of time” for implementation
of these recommendations and rulings be determined by binding arbitration pursuant to paragraph 3(c)
of Article 21 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), within 90 days after the date of adoption of those recommendations or rulings (i.e., on or before
31 January 1997).
We look forward to discussing the choice of arbitrator with Japan, and with any other of the
parties to this dispute which wishes to be joined in the arbitration, under the auspices of the Secretariat
within the next ten days. We will immediately initiate a dialogue with Japan to seek agreement on
an arbitrator, as foreseen by footnote 12 to the DSU.
Please circulate this request to Members of the Dispute Settlement Body, and request the
Secretariat to notify the Council for Trade in Goods.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request for Consultations by the United States
Date: 17 July 1995
Document codes: WT/DS11/1
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: GATT 1994: Art. III, III:2

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request for Consultations by the United States
The following communication dated 7 July 1995 from the Office of the United States Trade
Representative to the Permanent Mission of Japan, is circulated at the request of the Office of the United
States Trade Representative.
My authorities have instructed me to request consultations with the Government of Japan pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU")
and Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), regarding
internal taxes imposed by Japan on certain alcoholic beverages pursuant to the Liquor Tax Law. The
products in question are shochu and all other distilled spirits and liqueurs falling within HS heading
2208.
These taxes appear to be inconsistent with the obligation of Japan under Article III:2, first and
second sentences, of the General Agreement on Tariffs and Trade 1994. The United States reserves
the right to raise additional factual claims and legal matters during the course of the consultations.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations within the next thirty days.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English JAPAN - TAXES ON ALCOHOLIC BEVERAGES Request for the Establishment of a Panel by Canada
Date: 15 September 1995
Document codes: WT/DS11/2
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: GATT 1994: Art. III, III:2

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Request for the Establishment of a Panel by Canada
The following communication, dated 14 September 1995, from the Office of the United States
Trade Representative to the Chairman of the Dispute Settlement Body is circulated at the request of
that delegation.
On 7 July 1995, the United States Government requested consultations with the Government
of Japan under Article XXIII:1 of the GATT 1994 and Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU) regarding internal taxes imposed by Japan
on shochu and all other distilled spirits and liqueurs falling within HS heading 2208, pursuant to the
Liquor Tax Law. In accordance with Article 4 of the DSU, that request was circulated to the Members
on 17 July 1995 ().
The United States and Japan held consultations on 21 July 1995 in Geneva with a view to
reaching a satisfactorysolution of the matter. These consultations failed toresolvethe dispute. Pursuant
to Article XXIII:2 of GATT 1994 and Articles 4 and 6 of the DSU, the United States hereby requests
that a panel be established at the next meeting of the Dispute Settlement Body.
In the view of the United States, the internal taxes imposed by Japan on these beverages, and
in particular the preferential tax treatment accorded to shochu, are inconsistent with Article III of GATT
1994, and otherwise nullify and impair benefits accruing to the United States under the GATT 1994.
The United States requests that the panel be established with standard terms of reference as set out
in Article 7 of the DSU.
JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Document: Corrigendum The sub-titleof document "JAPAN - TAXES ON ALCOHOLIC BEVERAGES" (WT/DS11/2) of 15 September 1995 should read "Request for the Establishment of a Panel by the United States". *English only.
Date: 22 September 1995
Document codes: WT/DS11/2/Corr.1; WT/DS11/2
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: GATT 1994: Art. III, III:2

JAPAN - TAXES ON ALCOHOLIC BEVERAGES
Corrigendum
The sub-titleof document "" ()
of 15 September 1995 should read "Request for the Establishment of a Panel by the United States".
*English only.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Chile
Date: 9 August 1995
Document codes: WT/DS12/2; WT/DS12/1
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Chile
The following communication, dated 27 July 1995, from the Permanent Mission of Chile to
the Permanent Delegation of the European Commission and the Permanent Mission of Peru is circulated
at the request of the Permanent Mission of Chile.
Dado nuestro interés comercial sustancial, manifestamos nuestro deseo de asociarnos a las
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Chile
Date: 11 August 1995
Document codes: WT/DS12/2/Rev.1
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Chile
The following communication, dated 27 July 1995, from the Permanent Mission of Chile to
the Permanent Delegation of the European Commission and the Permanent Mission of Peru iscirculated
at the request of the Permanent Mission of Chile.
In view of our substantial trade interest, we should like to join in the consultations requested
by Peru under Article XXII:1 (WT/DS/12/1), in conformity with paragraph 11 of Article 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes in the WTO.
*English only
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Canada
Date: 9 August 1995
Document codes: WT/DS12/3
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Canada
The following communication, dated 27 July 1995, from the Permanent Mission of Canada
to the Permanent Mission of Peru and the Permanent Delegation of the European Commission is
circulated at the request of the Permanent Mission of Canada.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the Government of Peru in a communication circulated to WTO
Members on 25 July 1995 () regarding the French Government Order concerning the trade
description of scallops.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English/ anglais/ inglés EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Acceptance by the European Communities of the Requests to Join Consultations by Chile and Canada under Article 4.11 of the DSU In its communications dated 31 July 1995, the European Communities informed the Dispute Settlement Body that it had accepted the requests of Chile (WT/DS12/2) and Canada (WT/DS12/3) to join consultations which the Government of Peru had requested with the European Communities (WT/DS12/1) COMMUNAUTES EUROPEENNES - DESIGNATION COMMERCIALE DES PECTINIDES Acceptation par les Communautés européennes des demandes de participation aux consultations présentées au titre de l'article 4:11 du Mémorandum d'accord sur le règlement des différends par le Chili et le Canada
Date: 17 August 1995
Document codes: WT/DS12/4; WT/DS12/2; WT/DS12/3; WT/DS12/1
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Acceptance by the European Communities of the Requests to Join Consultations by
Chile and Canada under Article 4.11 of the DSU
In its communications dated 31 July 1995, the European Communities informed the Dispute
Settlement Body that it had accepted the requests of Chile () and Canada ()
to join consultations which the Government of Peru had requested with the European Communities

COMMUNAUTES EUROPEENNES - DESIGNATION COMMERCIALE
DES PECTINIDES
COMUNIDADES EUROPEAS - DENOMINACIÓN COMERCIAL
En sus comunicaciones de fecha 31 de julio de 1995 las Comunidades Europeas informaron
al Órgano de Solución de Diferencias de que habían aceptado las solicitudes de Chile ()
con las Comunidades Europeas ().
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Japan
Date: 17 August 1995
Document codes: WT/DS12/5
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

. RESTRICTED

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Japan
The following communication, dated 10 August 1995, from the Permanent Mission of Japan
to the Permanent Mission of Peru and the Permanent Delegation of the European Commission is
circulated at the request of the Permanent Mission of Japan.
Upon instructions from my Government, I would like to notify you that the Government of
Japan, pursuant to paragraph 11 of Article 4 of the Understanding on Rules of Procedures Governing
the Settlement of Disputes, desires to be joined in the consultations under Article XXII: 1 of GATT
1994 requested by the Government of Peru by a communication circulated to WTO Members on 25
July 1995 regarding trade description of scallops ().
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request for the Establishment of a Panel by Peru
Date: 22 September 1995
Document codes: WT/DS12/7
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request for the Establishment of a Panel by Peru
The following communication, dated 18 September 1995, from the Permanent Mission of Peru
to the Chairman of the Dispute Settlement Body is circulated at the request of that Delegation.
I have the honour to refer to the trade description of pectinidae (scallops).
On 18 July 1995, the Government of Peru formally requested the European Union to hold
consultations concerning the French Government Order NOR MERP9300051 A of 22 March 1993
and subsequent amendments thereto layingdown the official names and trade descriptions of pectinidae.
Peru's request for consultations was circulated to Members of the (WTO)
in document W/DS12/1 of 25 July 1995.
The Government of Peru requested the above-mentioned consultations in order to restore the
competitivepositionof thePeruvian product,whosescientificname is"argopecten purpuratus",because
the above-mentioned French provisions unilaterally restrict the use of the trade description of "coquille
Saint Jacques" and "noix de coquille Saint Jacques", thus affecting and belittling the Peruvian product
both economically and commercially.
Pursuant to that request, the delegations of Peru and the European Union held consultations
on 10 August 1995 in Geneva with a view to finding a satisfactory solution to this matter.
Unfortunately,the consultationsfailed toresolvethe problem. In accordance withArticleXXIII
of GATT 1994, Article 14 of the Agreement on Technical Barriers to Trade and Articles 4 and 6 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes, the Government
of Peru requests the establishment of a panel at the next meeting of the Dispute Settlement Body
scheduled for 27 September 1995.
Peru requests that the panel consider and find that the above-mentioned French Order and the
subsequent amendments thereto are:
(a) inconsistent with Articles 2 and 12 of the Agreement on Technical Barriers to Trade;
(b) inconsistent with Articles I and III of the General Agreement on Tariffs and Trade
(GATT) 1994; and
(c) nullifyingand impairing benefitsaccruing toPeru underthe WorldTrade Organization.

W/DS12/7

The Government of Peru requests that the panel be established with the standard terms of
reference as set out in Article 7 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.
Lastly,the Government of Peru requests that a panel be establishedat the meeting of the Dispute
Settlement Body on 27 September, the date at which the 60-day period provided for in Article 4.7
of the Understanding on Rules and Procedures Governing the Settlement of Disputes will have expired.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Constitution of the Panel Established at the Requests of Peru and Chile Note by the Secretariat
Date: 26 October 1995
Document codes: WT/DS12/8; WT/DS14/7; WT/DS7/7; WT/DS12/7; WT/DS14/6
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Constitution of the Panel Established at the Requests of Peru and Chile
Note by the Secretariat
1. At its meeting on 19 July 1995, the Dispute Settlement Body (DSB) established a panel in
accordance with the request made by Canada in document (WT/DSB/M/6).
2. At its meeting on 11 October 1995, the DSB established a single panel related to the same
matter pursuant to the requests of Peru () and Chile (), in accordance with
Article 9 of the DSU (WT/DSB/M/8).
3. At that DSB meeting, Peru, Chile and the EC agreed that the Panel should have standard terms
of reference. The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Peru
and Chile in documents and , the matter referred to the DSB by Peru
and Chile in those documents and to make such findings as will assist the DSB in making the
recommendations or in giving the rulings provided for in those agreements".
4. At that DSB meeting, Peru and Chile asked for the application of Article 9.3 of the DSU so
that the same panelists as those serving in the related dispute between the EC and Canada (WT/DS7)
would also serve on the single panel established pursuant to the requests of Peru and Chile. The EC
and Canada agreed that this should be done to the extent possible.
5. On 12October 1995,the panelists servingon the dispute between the EC and Canada (WT/DS7)
agreed to act as panelists for the panel established for the dispute between the EC and Peru and Chile.
6. The Panel established pursuant to the requests of Peru and Chile was therefore constituted on
12 October 1995 with the following composition:
Chairman: Mr. Michael Cartland
Members: Mr. Peter Palecka
Mrs. Barbara Rigassi.
7. The Panel is assisted by Gabrielle Marceau as Secretary and Jeffrey Gertler as Legal Officer.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Communication from the Chairman of the Panel
Date: 9 February 1996
Document codes: WT/DS12/9; WT/DS14/8
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Communication from the Chairman of the Panel
The following communication, dated 6 February 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 agreed
upon 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 on ", requests by Peru and
Chile" was established by the DSB on 11 October 1995 and parties agreed on its composition and terms
of reference on 12October 1995. In the light of requests by the parties, it was decided that the timetables
of the two related disputes on Trade Description of Scallops (the present one and the one involving
Canada) would be harmonized. Consequently, the Panel will not be able to issue its report within
six months.
The Panel, in agreement with the Parties, expects to complete its workby the end of April 1996.
EC - TRADE DESCRIPTION OF SCALLOPS (Peru/Chile)
Document: Communication from the Chairman of the Panel Thefollowingcommunication,dated 2May 1996andaddressed totheDisputeSettlement Body, is circulated in accordance with Article 12.9 of the DSU.
Date: 7 May 1996
Document codes: WT/DS12/10; WT/DS14/9
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EC - TRADE DESCRIPTION OF SCALLOPS (Peru/Chile)
Communication from the Chairman of the Panel
Thefollowingcommunication,dated 2May 1996andaddressed totheDisputeSettlement Body,
is circulated in accordance with Article 12.9 of the DSU.
At the request of the Parties, the Panel has agreed to postpone the issuance of its Final Report
until 10 May 1996.
EC - TRADE DESCRIPTION OF SCALLOPS (Peru/Chile)
Document: Original: English EC - TRADE DESCRIPTION OF SCALLOPS (Peru/Chile) Communication from the Chairman of the Panel
Date: 23 May 1996
Document codes: WT/DS12/11; WT/DS14/10
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

EC - TRADE DESCRIPTION OF SCALLOPS (Peru/Chile)
Communication from the Chairman of the Panel
The following communication, dated 13 May 1996 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.12 of the DSU.
In the context of the negotiations for a mutually agreed solution to the present dispute, the
complaining parties have requested the Panel to suspend the panel proceedings in accordance with
Article 12.12 of the DSU. The Panel has agreed to this request.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Request for Consultations by the United States
Date: 26 July 1995
Document codes: WT/DS13/1; G/L/21; G/VAL/4
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Request for Consultations by the United States
The following communication, dated 19 July 1995, from the Office of the United States Trade
Representative to the Permanent Delegation of the European Commission is circulated in accordance
with Article 4:4 of the DSU.
My authorities have instructed me to request consultations with the European Communities
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994, and Article 19 of the
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
regarding the application of tariffs by the Communities to grains, including wheat, corn, barley and
rice.
These measures appear to be inconsistent with the obligations of the Communities under the
General Agreement on Tariffs and Trade 1994 and the Agreement on Implementation of Article VII
of the General Agreement on Tariffs and Trade 1994, particularly in light of the so-called "margin
of preference" tariff binding undertaken by the Communities. The provisions of these agreements
with which these measures appear to be inconsistent include, but are not limited to the following:
1. General Agreement on Tariffs and Trade 1994, Articles II and VII; and
2. Agreement on Implementation of Article VII of the General Agreement on Tariffs and
Trade 1994, Articles 1 through 7 and Annex I.
These measuresalsoappear tonullifyorimpair the benefitsaccruing totheUnitedStates directly
or indirectly under the cited agreements.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Request for the Establishment of a Panel by the United States
Date: 29 September 1995
Document codes: WT/DS13/2
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Request for the Establishment of a Panel by the United States
The following communication, dated 28 September 1995, from the Office of the United States
Trade Representative to the Chairman of the Dispute Settlement Body is circulated at the request of
that Delegation.
The European Communities (EC) have adopted a reference price system to use in determining
the duties applicable to imports of grains (wheat, rye, barley, corn, sorghum and rice). These measures
are included in Commission Regulation Nos. 1502/95 (L147/13), 1817/95 (L175/23), 1906/95 (L182/9),
1573/95 (L150/53), and 1818/95 (L175/25), and other relevant citations.
These measures appear to be inconsistent with the obligations of the EC under the General
Agreement on Tariffs and Trade 1994 and the Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade 1994, particularly in light of the so-called "margin of preference"
tariff binding undertaken by the EC. The provisions of these agreements with which these measures
appear to be inconsistent include, but are not limited to, the following:
1) General Agreement on Tariffs and Trade 1994, Articles I, II and VII; and
2) Agreement on Implementation of Article VII of the General Agreement on Tariffs and
Trade 1994, Articles 1 through 7 and Annex I.
These measures also appear to nullify or impair the benefits accruing to the United States directly
or indirectly under the cited agreements.
On July 19, 1995, the Government of the United States requested consultations regarding these
measures with the EC pursuant to Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade
1994, and Article 19 of the Agreement on Implementation of Article VII of the General Agreement
on Tariffs and Trade 1994.
Consultations were held on September 13, 1995, but have failed to settle the dispute.
Accordingly, the United States respectfully requests the establishment of a panel to examine this matter
in light of the relevant provisions of the cited agreements and to make such findings as will assist the
Dispute Settlement Body in making the recommendations or in giving the rulings provided for in those
agreements.
The United States further request that this request for the establishment of a panel be inscribed
on the agenda of the meeting of the Dispute Settlement Body on October 11, 1995.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Request for the Establishment of a Panel by the United States Addendum
Date: 22 November 1996
Document codes: WT/DS13/2/Add.1; WT/DS13/2
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Request for the Establishment of a Panel by the United States
Addendum
The following communication, dated 21 November 1996, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission and to the Dispute Settlement
Body is circulated at the request of the United States.
My authoritieshave instructedme torequestthatthefollowingitem be inscribedonthe proposed
agenda for the meeting of the Dispute Settlement Body scheduled to be held on 3 December 1996:
" - Request for the Establishment of a
Panel by the United States ()".
The documentation for this item has already been circulated, and this request was considered
for the first time at a meeting of the Dispute Settlement Body on 11 October 1995.
In light of the fact that this case involves perishable goods, and that the establishment of a panel
was delayed on the basis of commitments made by the European Communities that have not been
fulfilled, this is a case of urgency. Accordingly, pursuant to Article 12:8 of the Dispute Settlement
Understanding, the panel shall aim to issue its report to the parties to the dispute within three months.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Communication from the United States
Date: 7 January 1997
Document codes: WT/DS13/4; WT/DS13/3
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Communication from the United States
The following communication, dated 20 December 1996, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission and to the Dispute Settlement
Body, is circulated at the request of the United States.
I am writing to correct a misimpression which may have been conveyed to delegations by a
communication from the European Communities circulated as document , dated
2 December 1996 but circulated on 4 December 1996.
The communication in question stated that the dispute which was the object of a panel request
by the United States on "" () had
been settled through an exchange of letters between the United States and the Communities. The
statement was incorrect. The exchange of letters referred to provided a number of undertakings on
the part of the Communities, to be carried out by the EC Commission. It also stated that the United
States would withdraw its 1995 panel request, and would not reintroduce that request "provided that
there is effective implementation of the provisions of this Agreement".
The United States reintroduced its request by a communication of 21 November 1996 to the
Permanent Delegation of the European Commission and the Dispute Settlement Body, which was
circulated as document This action was taken because almost one year after the
initialling of the agreement in question and five months after completion of signature formalities, the
Communities had not yet implemented the commitments in that agreement. Recent discussions with
the Communities persuaded my authorities to request that this item be withdrawn from the agenda of
the 3 December meeting of the DSB. However, the United States reserves the right to reintroduce
the request in the event that the Communities continue to fail to implement those commitments.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Request for the Establishment of a Panel by the United States
Date: 14 February 1997
Document codes: WT/DS13/5
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Request for the Establishment of a Panel by the United States
The following communication, dated 13 February 1997, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission and to the Dispute Settlement
Body, is circulated at the request of the United States.
The EuropeanCommunities (“ EC” ) have adoptedareference price systemtouse indetermining
the duties applicable to imports of grains (wheat, rye, barley, corn, sorghum and rice). These measures
are included in Commission Regulation Nos. 1502/95 (L147/13), 1817/95 (L175/23), 1906/95 (L182/9),
1573/95 /L150/53), and 1818/95 (L175/25), and other relevant citations.
These measures appear to be inconsistent with the obligations of the EC under the General
Agreement on Tariffs and Trade 1994 (“ GATT 1994") and the Agreement on Implementation of
Article VII of the GATT1994,particularlyinlightof the so-called “ margin of preference” tariff binding
undertaken by the EC. The provisions of these agreements with which these measures appear to be
inconsistent include, but are not limited to, the following:
(1) GATT 1994, Articles I, II and VII; and
(2) Agreement on Implementation of Article VII of the GATT 1994, Articles 1 through
7 and Annex I.
Thesemeasures alsoappear tonullifyorimpairthe benefitsaccruing tothe UnitedStates directly
or indirectly under the cited agreements.
In a communication dated 19 July 1995 (), the Government of the United States
requested consultationswiththe EC regardingthese measures pursuanttoArticle4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (“ DSU” ), Article XXIII of the GATT
1994, and Article 19 of the Agreement on Implementation of Article VII of the GATT 1994.
Consultations were held on 13 September 1995, but to date the dispute remains unresolved.
Accordingly, the United States respectfully requests the establishment of a panel to examine
the matter with standard terms of reference as set out in Article 7 of the DSU.
The United States asks that this request be placed on the agenda for the meeting of the Dispute
Settlement Body scheduled to be held on 25 February 1997.