dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY ECUADOR Status Report by the European Union 1 Addendum
Date: 11 December 2009
Document codes: WT/DS27/96/Add.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

SECOND RECOURSE TO ARTICLE 21.5 OF THE DSU BY ECUADOR

Status Report by the European Union
1

Addendum

 The following communication, dated 10 Decembe r 2009, from the delegation of the European
Union to the Chairman of the Dispute Settlement Bo dy, is circulated pursuant to Article 21.6 of the
DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute
European Communities – Regime for the Importation, Sale and Distribution,
of Bananas: Second Recourse to Article 21.5 of the DSU by Ecuador
(WT/DS27)

 The EU reaffirms its intention to bring itsel f into compliance with the recommendations and
rulings of the DSB by modifying its scheduled tariff commitments on bananas.

 Negotiations between the EU and Latin American banana supplying countries on a
comprehensive agreement on bananas have reached a decisive stage and the EU hopes to be able to
announce their successful conclusion at the next General Council meeting scheduled on 17 December.
The resulting agreement would establish, among other elements, the level of the new EC bound tariff
duty.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Second Recourse to Article 21.5 of the DSU by Ecuador EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Recourse to Article 21.5 of the DSU by the United States Reports of the Appellate Body Corrigendum
Date: 11 December 2008
Document codes: WT/DS27/AB/RW2/ECU/Corr.1; WT/DS27/AB/RW/USA/Corr.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

Second Recourse to Article 21.5 of the DSU by Ecuador

Recourse to Article 21.5 of the DSU by the United States

Reports of the Appellate Body

Corrigendum

 On page 5, paragraph 9, in the first line, th e reference to paragraph F of the Understanding on
Bananas between the European Communities and the United States is deleted. The first line should
read: "Paragraphs B and C (Ecuador and United St ates) and G (Ecuador) of the Understandings on
Bananas provide:"

 On page 5, paragraph 9, in the last paragra ph of the quoted text, the reference to the United
States is deleted. The last paragraph of the quoted text should read:

"G. The EC and Ecuador consid er that this Understanding
constitutes a mutually agreed solution to the bananas
dispute."
 On page 87, paragraph 252, the term "Unders tanding on Bananas" in the first sentence is
replaced by "EC Bananas Import Regime". The fi rst sentence should read: "We find that the
EC Bananas Import Regime is in itself a "measure taken to comply" within the sense of Article 21.5
of the DSU."
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by the European Communities for Arbitration under Article 22.6 of the DSU
Date: 3 February 1999
Document codes: WT/DS27/46; WT/DS27/43.
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 by the European Communities for Arbitration
under Article 22.6 of the DSU
The following communication, dated 29 January 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.
Article 22, paragraph 3, have not been followed.
3. Pursuant to Article 22.6, the European Communities requests that the original panel carry out
the arbitration on the matters set out in paragraphs 1 and 2 above.
4. This request is without prejudice to the European Communities' position of principle
concerning the conditions of application of Article 22.6 which is the subject of the request for
interpretation submitted to the General Council according to which the DSB is not in a position to
authorize the United States to suspend concessions or other obligations before the DSB has made a
determination pursuant to Article 21.5 of the Memorandum of Understanding.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by the European Communities for Arbitration under Article 22.6 of the DSU
Date: 22 November 1999
Document codes: WT/DS27/53; WT/DS27/52.
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 by the European Communities for Arbitration
under Article 22.6 of the DSU
The following communication, dated 19 November 1999, from the Permanent Delegation of
the European Commission to the Chairman of the Dispute Settlement Body, is circulated pursuant to
Article 22.6 of the DSU.
Pursuant to Article 22.6 of the Dispute Settlement Understanding, the European Communities
object to the level of suspension of concessions or other obligations requested by Ecuador on
9 November 1999 in document The European Communities consider that the request
by Ecuador does not correspond, and by far, to the level of nullification and impairment of benefits
presently suffered by Ecuador as a result of the failure of the European Communities to implement the
recommendations and rulings of the Dispute Se ttlement Body in the procedure " - Recourse to
Article 21.5 by Ecuador". In accordance with the provisions of Article 22.7 of the Dispute Settlement
Understanding, the European Communities request therefore that this matter be submitted to
arbitration.
Moreover, the European Communities consider that Ecuador has not complied at all with the
provisions under Article 22.3 of the Dispute Settlement Understanding. Therefore, the European
Communities further request that this matter be also submitted to arbitration.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Request for Consultations by the United States
Date: 14 February 1996
Document codes: WT/DS28/1; IP/D/1
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 3, 4, 14, 61, 65, 70  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Request for Consultations by the United States
The following communication, dated 9 February 1996, from the Permanent Mission of the
United States to the Permanent Mission of Japan and to the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
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"), Article XXII of the General Agreement on Tariffs and Trade 1994, and Article 64 of the
Agreement onTrade-Related Aspectsof IntellectualPropertyRights("TRIPS") regardingtheprotection
of sound recordings in Japan.
The TRIPS Agreement obligates all Members of the ("WTO") to
grantcertain civilrightsand remedies insoundrecordingsoriginatinginotherWTOMembers orcreated
by nationals of other WTO Members, to generally provide national and most-favoured-nation treatment
to such sound recordings, and to provide criminal procedures and penalties for the commercial piracy
of sound recordings. Developed country members of the WTO, such as Japan, have been obligated
to apply these obligations since January 1, 1996.
The legal regime for the protection of sound recordings in Japan appears to be inconsistent
with the TRIPS Agreement, including but not necessarily limited to, Articles 3, 4, 14, 61, 65 and 70.
We look forward to receiving your reply to this request and to fixing a mutually convenient
date for consultations. In view of the meeting of the TRIPS Council taking place February 22-23,
we propose meeting at 3:00 p.m. on Tuesday, February 20, at the Centre William Rappard, with an
option to continue the consultations on February 21, if necessary.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Request to Join Consultations Communication from the European Communities
Date: 28 February 1996
Document codes: WT/DS28/2
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 3, 4, 14, 61, 65, 70  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Request to Join Consultations
Communication from the European Communities
The following communication, dated 22 February 1996, from the Permanent Delegation of
the European Commission to the Permanent Missions of the United States and Japan, and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governingthe Settlement of Disputes(DSU), the European Communities and their Member
States wish to be joined in the consultations under Article XXII:1 of GATT 1994 requested by the
United States in a communication circulated to WTO Members on 14 February 1996 ()
regarding the protection in Japan of sound recordings originating in other WTO Members or created
by nationals of other WTO Members.
The European Communities and their Members States have a substantial trade interest in terms
of, inter alia, the relevant parts of the repertoire of the popular music of The Beatles, The Rolling
Stones, Rod Stewart, The Who, Cliff Richard, Eric Clapton and James Last, as well as the classical
music repertoire of Karl Böhm, Ferenc Fricsay, Karl Richter, Herbert von Karajan, Leonard Bernstein,
Sir Georg Solti and the Vienna and Berlin Philharmonic Orchestras. Present European industry
calculations, from their knowledge and observation of the Japanese market, are of unauthorized copies
of European recordings falling into the period in question exceeding ECU 100 million in value.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Original: English/ anglais/ inglés JAPAN - MEASURES CONCERNING SOUND RECORDINGS Acceptance by Japan of the Request to Join Consultations by the European Communities under Article 4.11 of the DSU In a communication, dated 29 February 1996, Japan informed the Dispute Settlement Body that it had accepted the request of the European Communities (WT/DS28/2) to join consultations which the Government of the United States had requested with Japan (WT/DS28/1). JAPON - MESURES CONCERNANT LES ENREGISTREMENTS SONORES Acceptation par le Japon de la demande de participation aux consultations présentée par les Communautés européennes conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends Par une communication datée du 29 février 1996, le Japon a informé l'Organe de règlement
Date: 6 March 1996
Document codes: WT/DS28/3; WT/DS28/2; WT/DS28/1
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 3, 4, 14, 61, 65, 70  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Acceptance by Japan of the Request to Join Consultations by
the European Communities under Article 4.11 of the DSU
In a communication, dated 29 February 1996, Japan informed the Dispute Settlement Body
that it had accepted the request of the European Communities () to join consultations which
the Government of the United States had requested with Japan ().
JAPON - MESURES CONCERNANT LES ENREGISTREMENTS SONORES
conformément à l'article 4:11 du Mémorandum
des différendsqu'ilavait acceptéla demande présentéepar lesCommunautés européennes ()
Japon ().
JAPÓN - MEDIDAS APLICABLES EN MATERIA DE
GRABACIONES SONORAS
Por comunicación de fecha 29 de febrero de 1996, el Japón notificó al Órgano de Solución
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Original: English JAPAN - MEASURES CONCERNING SOUND RECORDINGS Notification of Mutually Agreed Solution
Date: 5 February 1997
Document codes: WT/DS28/41; WT/DS28/1; IP/D/1
Complainant: U.S.
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 3, 4, 14, 61, 65, 70  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Notification of Mutually Agreed Solution
The following communication, dated 24 January 1997, from the Permanent Missions of the
United States and Japan to the Dispute Settlement Body, is circulated at the request of those delegations.
The Governments of the United States of America and Japan wish to notify the Dispute Settlement
Body that they have reached a mutually satisfactory solution to the matter raised by the Government
of the United States in , dated 14 February 1996, concerning the protection of past
performances and existing sound recordings pursuant to the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS).
The United States requested consultations on the belief that the TRIPS Agreement obligates
 (WTO) Members to grant protection to past performances performed in
a WTO Member and existing sound recordings first fixed in a WTO Member or fixed by a national
of a WTO Member for a term of at least fifty years from the end of the calendar year in which the
performance took place or the sound recording was fixed, and that this term of protection should extend
to those existing sound recordings that have not already enjoyed a full term of protection in the country
of origin or in the country in which protection is sought.
On 26 December 1996, the Government of Japan promulgated amendments to the Japanese
Copyright Law intendedtoprovidedthe above-stated protectiontopastperformances and existingsound
recordings. These amendments are scheduled to come into effect before the end of March 1997.
Based onthesedevelopments, Japan andthe UnitedStateshave agreedtoterminateconsultations
on this matter and the United States wishes formally to withdraw this matter from further attention
under the provisions of the Dispute Settlement Understanding. The agreement is without prejudice
to the rights or obligations of either Member under the Agreement Establishing the World Trade
Organization.
1This document cancels and replaces the document WT/DS28/4, circulated on 29 January 1997.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Request for Consultations by Hong Kong
Date: 15 February 1996
Document codes: WT/DS29/1; G/L/64
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request for Consultations by Hong Kong
The following communication, dated 12 February 1996, from the Hong Kong Economic and
Trade Office to the Permanent Mission of Turkey and to the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of Turkey
underArticle XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994")and pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU"), regarding the unilateral imposition of quantitative restrictions by Turkey on imports of a
broad range of textile and clothing products from Hong Kong as from 1 January 1996.
Hong Kong considers that these restrictions are inconsistent with Turkey's obligations under
Articles XI and XIII of GATT 1994 and are not justified under Article XXIV of GATT 1994, which
does not provide for the imposition of discriminatory quantitative restrictions. Hong Kong also considers
that the restrictions are inconsistent with Turkey's obligations under Article 2 of the Agreement on Textiles and Clothing.
I am addressing a copy of this request to the Chairpersons of the Dispute Settlement Body,
the Council for Trade in Goods and the Textiles Monitoring Body for notification in accordance with
Article 4.4 of the DSU.
I look forward to receiving the reaction of your authorities to this request so that we can arrange
a mutually convenientdate and place for the consultations,which HongKong suggestsbe heldin Geneva
in the week beginning 11 March 1996.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Original: English TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS Request to Join Consultations Communication from Malaysia, to Philippines and Thailand
Date: 28 February 1996
Document codes: WT/DS29/3; WT/DS29/1
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from Malaysia, to Philippines and Thailand
The following communication, dated 22 February 1996, from the Permanent Missions of
Malaysia, the Philippinesand Thailandtothe HongKongEconomic and Trade Office and the Permanent
Mission of Turkey and to the Dispute Settlement Body, is circulated in accordance with Article 4.11
of the DSU.
We have the honour torefer toWTO document dated 15 February 1996 concerning
Hong Kong's request for consultations with the Government of Turkey under Article XXII:1 of the
General Agreement on Tariffs and Trade 1994 (GATT 1994) and pursuant to Article 4 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) regarding the
unilateral imposition of quantitative restrictions by Turkey on imports of textile and clothing products.
In accordance with Article 4.11 of the DSU, we, Malaysia, the Philippines and Thailand,
members of the Association of Southeast Asian Nations (ASEAN), hereby formally express our desire
to be joined in such consultations. We consider the unilateral imposition of quantitative restrictions
by Turkey as in contravention with many of the provisions of the Agreements under the (WTO), including, but not limited to, Article XI, Article XIII and Article XXIV of GATT
1994 and Article 2 of the Agreement on Textiles and Clothing (ATC).
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Original: Spanish TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS Request to Join Consultations Communication from Peru
Date: 28 February 1996
Document codes: WT/DS29/4; WT/DS29/1
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from Peru
The following communication, dated 23 February 1996, from the Permanent Mission of Peru
to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I have the honour to refer to the request for consultations by Hong Kong regarding restrictions
applied by Turkey on imports of textile and clothing products (WTO document ).
The Government of Peru, pursuant to paragraph 11 of Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes of the (WTO), wishes
to express its desire to be joined in the said consultations by virtue of having a substantial trade interest
in the matter.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Original: English TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS Request to Join Consultations Communication from India
Date: 29 February 1996
Document codes: WT/DS29/5
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from India
The following communication, dated 22 February 1996, from the Permanent Mission of India
to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
This is with reference to the issue raised by Hong Kong regarding the imposition of unilateral
quota by Turkey on imports of textiles and clothing products, and the request for consultations made
under Article 4 of the DSU by Hong Kong. India has a substantial trade interest in the consultations,
and would desire to join in the consultations.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Request to Join Consultations Communication from the Republic of Korea
Date: 1 March 1996
Document codes: WT/DS29/6
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from the Republic of Korea
The following communication, dated 22 February 1996, from the Permanent Mission of the
Republic of Korea to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
With regard to Hong Kong's request to the Government of Turkey for consultations under
Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) regarding the
unilateral imposition of quantitative restrictions by Turkey on imports of textile and clothing products
(), the Government of the Republic of Korea hereby requests to be joined in these
consultations in accordance with the provisions of Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).
Korea has a substantial interest in these consultations, given that Turkey is an important market
for Korea textile products, to which Korean exports totaled 150 million US dollars in 1995.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Request to Join Consultations Communication from Brazil
Date: 1 March 1996
Document codes: WT/DS29/7; WT/DS29/1
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from Brazil
The following communication, dated 26 February 1996, from the Permanent Mission of Brazil
to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey, and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
With reference to the request of Hong Kong for consultations with Turkey under Article XXII:1
of the GATT 1994 and Article 4 of the DSU (document , dated 15 February 1996), regarding
the quantitative restrictions introduced by Turkey on imports of textile and clothing products, I have
been instructed to notify, pursuant to Article 4.11 of the DSU, Brazil's desire to be joined in such
consultations.
Brazil's substantial interest in these consultations derives from the fact that Brazilian exports
of textiles and clothing into Turkey, which were free of any quantitative restrictions in the past, are
subject to quotas as from 1 January 1996.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Request to Join Consultations Communication from Canada The followingcommunication, dated 26 February 1996,from the Permanent Mission of Canada to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey, and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Date: 1 March 1996
Document codes: WT/DS29/8
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Request to Join Consultations
Communication from Canada
The followingcommunication, dated 26 February 1996,from the Permanent Mission of Canada
to the Hong Kong Economic and Trade Office and the Permanent Mission of Turkey, and to 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, 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 Hong Kong Economic and Trade Office by letter dated
12 February 1996 (; 15 February 1996) regarding the unilateral imposition of quantitative
restrictions by Turkey on imports of a broad range of textile and clothing products from Hong Kong
as from 1 January 1996.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Original: English/ anglais/ inglés TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS Acceptance by Turkey of the Request to Join Consultations by the European Communities under Article 4.11 of the DSU In a communication dated 15 April 1996, Turkey informed the Dispute Settlement Body that it had accepted the request of the European Communities (WT/DS29/2) to join consultations which Hong Kong had requested with Turkey (WT/DS29/1). TURQUIE - RESTRICTIONS A L'IMPORTATION DE PRODUITS TEXTILES ET DE VETEMENTS Acceptation par la Turquie de la demande de participation aux consultations présentée par les Communautés européennes au titre de l'article 4:11 du Mémorandum d'accord sur le règlement des différends
Date: 23 April 1996
Document codes: WT/DS29/9; WT/DS29/2; WT/DS29/1
Complainant: Hong Kong
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE
AND CLOTHING PRODUCTS
Acceptance by Turkey of the Request to Join Consultations by
the European Communities under Article 4.11 of the DSU
In a communication dated 15 April 1996, Turkey informed the Dispute Settlement Body that
it had accepted the request of the European Communities () to join consultations which
Hong Kong had requested with Turkey ().
TURQUIE - RESTRICTIONS A L'IMPORTATION DE
PRODUITS TEXTILES ET DE VETEMENTS
TURQUÍA - RESTRICCIONES APLICADAS A LAS IMPORTACIONES
DE PRODUCTOS TEXTILES Y PRENDAS DE VESTIR
artículo 4 del ESD
En una comunicación de fecha 15 de abril de 1996, Turquía informó al Órgano de Solución
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Request for Consultations by the United States The followingcommunication, dated 11March 1996,from the PermanentMission of the United States to the Permanent Mission of Canada and the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
Date: 14 March 1996
Document codes: WT/DS31/1; G/L/66
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Request for Consultations by the United States
The followingcommunication, dated 11March 1996,from the PermanentMission of the United
States to the Permanent Mission of Canada and the Dispute Settlement Body, is circulated in accordance
with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of Canada
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
and Article XXIII of the General Agreement on Tariffs and Trade 1994 regarding certain measures
of Canada concerning periodicals, including: measures prohibiting or restricting the importation into
Canada of certain periodicals; tax treatment of so-called "split-run" periodicals; and the application
of favorable postage rates to certain Canadian periodicals.
These measures appear to prohibit or restrict imports of periodicals from the United States
and other Members of the in contravention of the Government of Canada's
obligations under Article XI of the General Agreement on Tariffs and Trade 1994, and also appear
to be inconsistent with the national treatment obligations of the Government of Canada under Article
III of the General Agreement on Tariffs and Trade 1994.
We look forward to receiving your reply to this request and to fixing a mutually convenient
date for consultations.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Request for the Establishment of a Panel by the United States
Date: 24 May 1996
Document codes: WT/DS31/2
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Request for the Establishment of a Panel by the United States
The following communication, dated 24 May 1996, from the Permanent Mission of the United
States to the Chairman of the Dispute Settlement Body, is circulated at the request of the United States.
The Government of Canada maintains several measures concerning periodicals, including, but
not limited to: (1) Tariff Code 9958, which prohibits the importation into Canada of certain periodicals;
(2) Part V.1 of the Excise Tax Act, as enacted by Bill C-103 of 15 December 1995, which imposed
an excise tax on certain so-called “ split-run” periodicals; and (3) the application of favourable postal
rates to certain Canadian periodicals, including through actions of the Canada Post Corporation and
the Department of Canadian Heritage (formerly the Department of Communications).
These measures appear to prohibit or restrict imports of periodicals from the United States
and other Members of the in contravention of the Government of Canada’ s
obligations under Article XI of the General Agreement on Tariffs and Trade 1994, and also appear
to be inconsistent with the national treatment obligations of the Government of Canada under Article III
of the General Agreement on Tariffs and Trade 1994.
These measures alsoappear tonullifyorimpair the benefitsaccruing tothe UnitedStates directly
or indirectly under the General Agreement on Tariffs and Trade 1994.
On 11 March 1996, the Government of the United States requested consultations with the
Government of Canada regarding these measures pursuant to Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (“ DSU” ), and Article XXIII of the General
Agreement on Tariffs and Trade 1994.
Consultations were held on 10 April 1996, but have failed to settle the dispute. Accordingly,
the United States respectfully requests the establishment of a panel with standard terms of reference
as set out in Article 7 of the DSU.
The United States further asks that this request for the establishment of a panel be inscribed
on the agenda of a special meeting of the Dispute Settlement Body, and that the meeting be held on
6 June 1996.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Constitution of a Panel Established at the Request of the United States Note by the Secretariat
Date: 29 July 1996
Document codes: WT/DS31/3; WT/DS31/2; WT/DS31/2
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Constitution of a Panel Established at the Request of the United States
Note by the Secretariat
1. At its meeting on 19 June 1996, the DSB established a panel pursuant to the request of the
United States (), in accordance with Article 6 of the DSU (WT/DSB/M/19).
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
United States in document , the matter referred to the DSB by 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 25 July 1996, the Panel was constituted with the following composition:
Chairman: Mr. Lars Anell
Panelists: Mr. Victor Luiz Do Prado
Mr. Michael Reiterer
4. No other Members have reserved their rights to participate in the Panel proceedings as a third
party.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Original: English CANADA - CERTAIN MEASURES CONCERNING PERIODICALS Communication from the Chairman of the Panel
Date: 23 October 1996
Document codes: WT/DS31/4
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Communication from the Chairman of the Panel
The following communication, dated 11 October 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 the period in which a panel shall conduct is 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 a 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 "" was established by the DSB
on 19 June 1996 and the parties agreed on its composition and terms of reference on 25 July 1996.
Since the parties wished to use the maximum time periods prescribed in Appendix 3 of the DSU, it
will not be possible for the Panel to complete its work in six months.
The Panel, in agreement with the Parties, expects to complete its work by mid March 1997,
which is approximately six weeks beyond the time period prescribed.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Original: English CANADA - CERTAIN MEASURES CONCERNING PERIODICALS Notification of an Appeal by Canada under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 2 May 1997
Document codes: WT/DS31/5
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Notification of an Appeal by Canada under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 29 April 1997, sent by Canada to the Dispute Settlement Body
(DSB), is circulated to Members. The notification also constitutes the Notice of Appeal, filed on the
same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.
Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU) and Rule 20 of the Working Procedures for Appellate Review, the
Government of Canada hereby notifies its decision to appeal to the Appellate Body certain issues of
law covered in the panel report on ()
and certain legal interpretations developed by the panel.
The Government of Canada requests a review by the Appellate Body of the panel's decision
in respect of the applicability of both GATS and GATT 1994 to Part V.1 of the Excise Tax Act. The
Government of Canada submits that the panel report discloses that the panel erred in law by failing
to consider whether Part V.1 of the Excise Tax Act is a measure relating to trade in services and
consequentlyfurthererred inlaw incharacterizing Part V.1 of the Excise Tax Act as a measure regulating
trade in goods subject to GATT 1994.
In the alternative, the Government of Canada requests a review by the Appellate Body of the
panel's legal interpretation of Article III:2 of GATT 1994. The Government of Canada submits that
the panel erred in law when it found Part V.1 of the Excise Tax Act to be inconsistent with Article
III:2. In particular the panel report discloses that the panel,
(a) erred in law in finding that imported U.S. split-run periodicals and Canadian non
split-run periodicals are like products;
(b) erred in law in the interpretation and application of the concept "indirectly" as it is
used in Article III:2; and
(c) erred in law by failing to apply the principle of non-discrimination that is embodied
in Article III:2 of GATT 1994.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Original: English CANADA - CERTAIN MEASURES CONCERNING PERIODICALS Communication from the Appellate Body
Date: 1 July 1997
Document codes: WT/DS31/6
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Communication from the Appellate Body
The following communication, dated 27 June 1997, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance withArticle 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-1997-2. It will be circulated on Monday, 30 June 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 Body who served on this appeal were Mr. Mitsuo Matsushita, Presiding Member;
Mr. Claus-Dieter Ehlermann and myself as Members.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Original: English CANADA - CERTAIN MEASURES CONCERNING PERIODICALS Communication from Canada
Date: 2 September 1997
Document codes: WT/DS31/8
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Communication from Canada
The following communication, dated 29 August 1997, from the Permanent Mission of Canada
to the Dispute Settlement Body is circulated at the request of Canada.
Further to our statement made during the Dispute Settlement Body meeting of 30 July 1997
regarding ": Report of the Appellate Body and
Report of the Panel" and pursuant to Article 21.3 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, we hereby wish to inform the Dispute Settlement Body that
it is Canada's intention to meet its obligations under the WTO with regard to this matter and that Canada
will require a reasonable period of time to do so.
Canada takes note that the panelists stressed "the ability of any Member to take measures to
protect its cultural identity was not at issue in the present case". Consistent with this statement and
with Canada's rights and obligations as a WTO Member, it is Canada's intention to continue to pursue
its cultural policy objectives.
As indicated in the above-referenced statement, we request that this letter be circulated to all
Members of the Dispute Settlement Body.
CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Document: Original: English CANADA - CERTAIN MEASURES CONCERNING PERIODICALS Status Report by Canada Addendum
Date: 9 April 1998
Document codes: WT/DS31/9/Add.1; WT/DS31/R; WT/DS31/AB/R
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA - CERTAIN MEASURES CONCERNING PERIODICALS
Status Report by Canada
Addendum
The following communication, dated 9 April 1998, from the Permanent Mission of Canada
to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report Regarding Implementation of the Recommendations and Rulings in the
Dispute Regarding Panel Report
() and Appellate Body Report ()
In keeping with the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU"), on 25 March 1998, the Government of Canada presented its first report on the status of the
implementation of the recommendations of the Dispute Settlement Body ("DSB") regarding "". This matter will again be on the agenda for the meeting
of the DSB on 22 April 1998 and, as provided for in Article 21:6 DSU, Canada presents its second
report.
At the last meeting of the DSB, questions were raised about the progress that Canada has made
towards implementation and what can be expected, in terms of progress and substance, between now
and 30 October 1998. As described in our report of 25 March 1998, changes to the 1998 Customs
Tariff must be approved by Cabinet and amendments to the Excise Tax Act must receive Parliamentary
approval through the legislative process for bills. The first step in the process is approval by Cabinet
of the changes and of the proposed legislative policy before it is drafted in the form of a bill. This
proposed legislative policy is currently being drafted and will be discussed at the highest levels in the
near future. Other substantive changes, including changes to the Customs Tariff and to the postal subsidy
will also be discussed at that time.
Canada remains committed to a 15-month period of time for implementation of the DSB'S
rulings and recommendations as reported to the DSB in August 1997.
CANADA – CERTAIN MEASURES CONCERNING PERIODICALS
Document: Status Report by Canada Addendum
Date: 11 June 1998
Document codes: WT/DS31/9/Add.2; WT/DS31/R; WT/DS31/AB/R
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA – CERTAIN MEASURES CONCERNING PERIODICALS
Status Report by Canada
Addendum
The following communication, dated 3 June 1998, from the Permanent Mission of Canada to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report Regarding Implementation of the Recommendations and Rulings in the
Dispute Regarding
Panel Report () and Appellate Body Report ()
In keeping with the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU"), Canada 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
15 June 1998 and, as provided for in Article 21.6 of the DSU, Canada presents its third report.
The Government of Canada is continuing to review and discuss compliance options at the
highest levels. We remain committed to a 15-month period of time for implementation of the DSB's
rulings and recommendations as reported to the DSB in August 1997.
CANADA – CERTAIN MEASURES CONCERNING PERIODICALS
Document: Status Report by Canada Addendum
Date: 13 July 1998
Document codes: WT/DS31/9/Add.3; WT/DS31/R; WT/DS31/AB/R
Complainant: U.S.
Respondent: Canada
Dispute stage: Appellate Body
Agreements cited: Art. III, XI  GATT 1994

CANADA – CERTAIN MEASURES CONCERNING PERIODICALS
Status Report by Canada
Addendum
The following communication, dated 10 July 1998, from the Permanent Mission of Canada to
the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report Regarding Implementation of the Recommendations and Rulings in the
Dispute Regarding
Panel Report () and Appellate Body Report ()
In keeping with the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU), Canada is obliged to inform th e Dispute Settlement Body (DSB) of the status of
implementation of the recommendations and rulings in the dispute regarding "Canada - Certain
Measures Concerning Periodicals". This matter will again be on the agenda of the DSB on
23 July 1998 and, as provided for in Article 21:6 DSU, Canada presents its fourth report.
As described in our status reports of 25 March 1998 and 22 April 1998, the repeal of Part V.1
of the Excise Tax Act requires an Act of Parliament. The number of tax bills that can be put before
the House is limited and it is expected that the next tax bill will go before the House this fall. The
repealing provision could be contained within that bill. The amendment of the Customs Tariff could
be accomplished by an Order in Council. Both measures could be made to apply as of
30 October 1998. These issues, as well as changes to the postal subsidies, will be discussed at the
highest levels in the near future.
Canadian Ministers will announce how they plan to implement the WTO decision in the next
few months.