EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request for Consultations by Ecuador, Guatemala, Honduras, Mexico and the United States
Date: 12 February 1996
Document codes: WT/DS27/1; G/L/63; G/LIC/D/2; G/AG/W/18; G/TRIMS/4; S/L/17
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE
AND DISTRIBUTION OF BANANAS
Request for Consultations by
Ecuador, Guatemala, Honduras, Mexico and the United States
The following communication, dated 5 February 1996, from the Permanent Missions of Ecuador,
Guatemala, Honduras, Mexico and the United States to the Permanent Delegation of the European
Commission and the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
The Permanent Missions in Geneva of Ecuador, Guatemala, Honduras, Mexico and the United States
wish to convey to you, on behalf of their respective governments, acting jointly and severally, each
in the exercise of the rights accruing to it as a member of the WTO, a request for consultations with
the European Communities pursuant to Article 4 of the Understanding on Rules and Procedures governing
the Settlement of Disputes, Article XXIII of the General Agreement on Tariffs and Trade 1994, Article
6 of the Agreement on Import Licensing Procedures (to the extent that it relates to Article XXIII of
GATT1994), ArticleXXIII of the General Agreement onTrade inServices, Article19 of the Agreement
on Agriculture (to the extent that it relates to Article XXIII of GATT 1994), and Article 8 of the
Agreement on Trade-Related Investment Measures (tothe extentthatit relates toArticle XXIII of GATT
1994) regarding the EC regime for the importation, sale and distribution of bananas established by
Regulation 404/93 (OJ L 47 of 25 February 1993, p. 1), and the subsequent EC legislation, regulations
and administrative measures, including those reflecting the provisions of the Framework Agreement
on bananas, which implement, supplement and amend that regime.
In the opinion of our Governments the concerned EC regime contains a number of rules
inconsistent with EC obligations contracted under the GATT 1994 and the other cited Agreements.
The inconsistencies referred to are, among others, the following provisions:
(1) Articles I, II, III, X, XI and XIII of the General Agreement on Tariffs and Trade
1994;
(2) Articles 1 and 3 of the Agreement on Import Licensing Procedures;
(3) The Agreement on Agriculture;

(4) Articles II, IV, XVI and XVII of the General Agreement on Trade in Services; and,
(5) Articles 2 and 5 of the Agreement on Trade-Related Investment Measures.
These measures also produce distorsions which appear to nullify or impair benefits accruing
to Ecuador, Guatemala, Honduras, Mexico and the United States, directly or indirectly under the cited
agreements, and to impede the objectives of the GATT 1994 and the other cited Agreements.
We look forward to receiving your reply to this request and to fixing a mutually convenient
date for consultations.