Document: . /. WORLD TRADE ORGANIZATION WT/DS27/98 G/L/63/Add.1 G/LIC/D/2/Add.1 S/L/17/Add.1 G/AG/W/18/Add.1 G/TRIMS/4/Add.1
Date: 12 November 2012
Document codes: WT/DS27/98; G/L/63/Add.1; G/LIC/D/2/Add.1; G/AG/W/18/Add.1; G/TRIMS/4/Add.1; S/L/17
Complainant: Brazil
Respondent: U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, III  GATT 1994Art. 2  Technical Barriers to Trade (TBT)

European Communities – Regime for the Importation, Sale and Distribution of Bananas (Guatemala;
Honduras; Mexico; United States) (DS16)
European Communities – Regime for the Importation, Sale and Distribution of Bananas (Ecuador;
Guatemala; Honduras; Mexico; United States) (DS27)
European Communities – Regime for the Importation, Sale and Distribution of Bananas (Panama)
(DS105)
European Communities – Regime for the Importation, Sale and Distribution of Bananas (Guatemala;
Honduras; Mexico, Panama; United States) (DS158)
European Communities – Regime for the Importation of Bananas (Colombia) (DS361)
European Communities – Regime for the Importation of Bananas (Panama) (DS364)
European Communities – The ACP-EC Partnership Agreement – Recourse to Arbitration pursuant to
the Decision of 14 November 2001 (Brazil; Colombia; Costa Rica; Ecuador; Guatemala; Honduras;
Nicaragua; Panama and Venezuela) (WT/L/616)
European Communities – The ACP-EC Partnership Agreement – Second Recourse to Arbitration
pursuant to the Decision of 14 November 2001 (Brazil; Colombia; Costa Rica; Ecuador; Guatemala;
Honduras; Nicaragua and Panama) (WT/L/625)
1

Notification of a Mutually Agreed Solution

The following communication, dated 8 November 2012, from the delegation of the European
Union and the delegations of Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico,
Nicaragua, Panama and Venezuela to the Chairman of the Dispute Settlement Body, is circulated
pursuant to Article 3.6 of the DSU.

The European Union and the Governments of Brazil, Colombia, Costa Rica, Ecuador,
Guatemala, Honduras, Mexico, Nicaragua, Panama a nd Venezuela (hereinafter "the Latin American
MFN banana suppliers") notify the DSB that they have reached a mutually agreed solution with
respect to the disputes WT/DS16; WT/DS27; WT/DS105; WT/DS158; WT/DS361; WT/DS364;

1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty
establishing the European Commun ity (done at Lisbon, 13 December 20 07) entered into force. On 29
November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and the
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December
2009, the European Union replaces and succeeds the European Community.
WT/DS27/98, G/L/63/Add.1,
G/LIC/D/2/Add.1, S/L/17/Add.1,
G/AG/W/18/Add.1, G/TRIMS/4/Add.1

WT/L/616 and WT/L/625 on the terms set out in the attached Geneva Agreement on Trade in
Bananas. Having regard to that Agreement, and to the Certification of the EU tariff line on bananas on
27 October 2012 (document reference WT/Let/868), the aforementioned disputes are settled as of
27 October 2012.

This letter is without prejudice to the WTO ri ghts and obligations of the EU and the Latin
American MFN banana suppliers
2.

 For the European Union For the Government of Brazil

 For the Government of Colombia

 For the Government of Costa Rica

 For the Government of Ecuador

 For the Government of Guatemala

 For the Government of Honduras

For the Government of Mexico

 For the Government of Nicaragua

 For the Government of Panama

 For the Government of Venezuela

DSU, or future rights under the procedures of Articles XXIV and XXVIII of the GATT 1994.