dean22029/WTO_Docs huggingface dataset:
CHILE - PROVISIONAL SAFEGUARD MEASURE ON MIXTURES OF EDIBLE OILS
Document: Request for Consultations by Argentina Corrigendum1 Please note that the document symbol in the last sentence of paragraph four should read: G/SG/N/7/CHL/5/Suppl.1.
Date: 12 February 2010
Document codes: WT/DS226/1/Corr.2; G/L/439/Corr.2; G/SG/D15/1/Corr.2; G/SG/N/7/CHL/5/Suppl.1.
Complainant: Argentina
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 4, 6, 12  Safeguards

∗

CHILE - PROVISIONAL SAFEGUARD MEASURE
ON MIXTURES OF EDIBLE OILS

Request for Consultations by Argentina

Corrigendum1

 Please note that the document symbol in the last sentence of paragraph four should read:

∗ English only.
1 Corr.1 exists in Spanish only.
PERU – TAXES ON CIGARETTES
Document: Request for Consultations by Chile
Date: 6 March 2001
Document codes: WT/DS227/1
Complainant: Chile
Respondent: Peru
Dispute stage: Panel
Agreements cited: Art. III:2  GATT 1994

PERU – TAXES ON CIGARETTES
Request for Consultations by Chile
The following communication, dated 1 March 2001, from the Permanent Mission of Chile to
the Permanent Mission of Peru and to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of Peru
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994)
regarding the differential taxation of cigarettes introduced by Supreme Decree No. 158-99.
By virtue of the authority granted under Article 61 of the new text of the General Sales Tax
and Selective Consumption Tax Law, Supreme Decree No. 158-99-EF of 25 September 1999
modifies appendices III and IV of that Law, which identify the goods subject to the selective
consumption tax. Article 1B of the said Supreme Decree amends the tax applied to cigarettes made of
dark tobacco, cigarettes made of standard bright tobacco and cigarettes made of premium bright
tobacco, setting a different specific tax for each one of these categories of cigarettes ranging from
S/0.025 to S/0.100 per unit.
The difference in the amount of the tax appears to be contingent only on the number of
countries in which the different commercial brands of cigarettes are marketed – more than three or
less than three – a criterion which is a source of concern for my Government, since it could signify
discrimination against imported cigarettes, from Chile for example, which, being marketed in more
than three countries, are subject to a higher tax than local brand cigarettes. This situation, which is
damaging to Chilean cigarette exports to Peru, could constitute a violation of the GATT 1994 – in
particular, but not necessarily exclusively, of Article III.2 of the GATT 1994 – and of a repeated
Appellate Body jurisprudence in this area.
The Government of Chile looks forward to receiving a prompt reply from your Government
to this request for consultations and to setting a mutually convenient date on which to hold them.
My Government reserves the right to raise other factual or legal claims in the course of the
consultations.
PERU - TAXES ON CIGARETTES
Document: Request for Consultations by Chile Corrigendum The second sentence of the second paragraph should read as follows: "Article 1B of the said Supreme Decree amends the tax applied to cigarettes made of dark tobacco, standard cigarettes made of bright toba cco and premium cigarettes made of bright tobacco, setting a different specific tax for each one of these categories of cigarettes ranging from S/0.025 to S/0.100 per unit."
Date: 14 March 2001
Document codes: WT/DS227/1/Corr.1
Complainant: Chile
Respondent: Peru
Dispute stage: Panel
Agreements cited: Art. III:2  GATT 1994

∗

PERU - TAXES ON CIGARETTES
Request for Consultations by Chile
Corrigendum
The second sentence of the second paragraph should read as follows:
"Article 1B of the said Supreme Decree amends the tax applied to cigarettes made of dark
tobacco, standard cigarettes made of bright toba cco and premium cigarettes made of bright tobacco,
setting a different specific tax for each one of these categories of cigarettes ranging from S/0.025 to
S/0.100 per unit."

∗ In English only.
PERU – TAXES ON CIGARETTES
Document: Request for Consultations by Chile Corrigendum As per the attached letter, the second sentence of the second paragraph should read as follows: "Article 2 of the said Supreme Decree amends the tax applied to cigarettes made of dark tobacco, standard cigarettes made of bright toba cco and premium cigarettes made of bright tobacco, setting a different specific tax for each one of these categories of cigarettes ranging from S/0.025 to S/0.100 per unit."
Date: 9 April 2001
Document codes: WT/DS227/1/Corr.2
Complainant: Chile
Respondent: Peru
Dispute stage: Panel
Agreements cited: Art. III:2  GATT 1994

PERU – TAXES ON CIGARETTES
Request for Consultations by Chile
Corrigendum
As per the attached letter, the second sentence of the second paragraph should read as
follows:
"Article 2 of the said Supreme Decree amends the tax applied to cigarettes made of dark
tobacco, standard cigarettes made of bright toba cco and premium cigarettes made of bright tobacco,
setting a different specific tax for each one of these categories of cigarettes ranging from S/0.025 to
S/0.100 per unit."
Letter from the Permanent Mission of Chile to the Permanent Mission of Peru, dated

"With reference to our Note 033/01 requesting consultations with the Government of Peru
regarding the differential taxation of cigarett es introduced by Supreme Decree No. 158-99, I would
like to point out that in the second paragraph, Arti cle 1.B of the said Supreme Decree was incorrectly
identified as amending the tax applied to cigarettes. The tax was in fact amended by Article 2 of the
Supreme Decree.
I would therefore ask you to take note of this correction, without prejudice to the fact that, as
indicated in the mentioned Note 33/01, the Government of Chile reserves the right to raise other
factual or legal claims in the course of the consultations."
PERU - TAXES ON CIGARETTES
Document: Communication from Chile
Date: 19 July 2001
Document codes: WT/DS227/3
Complainant: Chile
Respondent: Peru
Dispute stage: Panel
Agreements cited: Art. III:2  GATT 1994

PERU - TAXES ON CIGARETTES
Communication from Chile
The following communication, dated 12 July 2001, from the Permanent Mission of Chile to
the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.
With reference to the dispute (WT/DS227), for which a Panel was
established on 20 May 2001, I am pleased to inform you that the measure disputed by Chile, i.e. the
specific selective consumption tax system applied to cigarettes in Peru and contained in Supreme
Decree No. 158-99-EF of 25 September 1999, was amended on 30 June 2001 with the publication of
Supreme Decree No. 128-2001 of the Ministry of the Economy and Finance of Peru, which entered
into force on 1 July 2001. As from that date, cigarettes are subject to the common selective
consumption tax system at a rate of 100 per cent, regardless of their origin, price, type or quality of
tobacco and/or the number of sales markets.
This amendment in the tax regime applicable to cigarettes is the result of an indisputable and
unappealable ruling of the Constitutional Court of Peru on 19 June 2001. Following a request by the
company British American Tobacco (South America) Ltd. Sucursal del Perú, the Constitutional Court
ruled that Supreme Decree No. 158-99-EF did not apply to that company, citing, among other reasons,
that it established "an arbitrary classification, which granted preferential treatment to a category of
cigarettes, favouring certain producers and/or market ers over others", thus violating the principle of
equality before the law.
As the disputed measure has now disappeare d, the Government of Chile would like to
terminate the Panel composition stage and formally withdraw this matter from further attention under
the provisions of the Dispute Settlement Understanding.
Chile would like to take this opportunity to express its satisfaction at this evidence of the
strength of Peru's legal institutions. We would al so like to thank the authorities of that country for
bringing the new tax scheme into force so rapidly, thereby enabling the cigarette exporting
companies, in particular in Chile, to compete in the Peruvian market on an equal footing.
CHILE – SAFEGUARD MEASURES ON SUGAR
Document: Request to Join Consultations Communication from Cuba
Date: 2 April 2001
Document codes: WT/DS228/2
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES ON SUGAR
Request to Join Consultations
Communication from Cuba
The following communication, dated 28 March 2001, from the Permanent Mission of Cuba to
the Permanent Mission of Colombia, the Permanent Mission of Chile and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Under Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of Cuba herewith notifies its wish to join in the consultations
requested by the Government of Colombia, pursuant to Article 4 of the DSU, Article XXII of the
General Agreement on Tariffs and Trade 1994 and Article 14 of the Agreement on Safeguards, in
connection with the safeguard measures applied by Chile to sugar, document of
22 March 2001.
Cuba considers that it has a substantial trade interest in the matter.
We should be grateful if you would inform us of the date and place of the consultations.
CHILE – SAFEGUARD MEASURES ON SUGAR
Document: Request to Join Consultations Communication from Guatemala
Date: 3 April 2001
Document codes: WT/DS228/3
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES ON SUGAR
Request to Join Consultations
Communication from Guatemala
The following communication, dated 30 March 2001, from the Permanent Mission of
Guatemala to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I have been instructed by the authorities of my country to notify that pursuant to Article 4.11
of the Understanding on Rules and Procedures Gove rning the Settlement of Disputes (DSU), the
Government of Guatemala would like to be joined in the consultations requested by the Government
of Colombia with the Government of Chile under Article 4 of the DSU, Article XXII of the General
Agreement on Tariffs and Trade (GATT) 1994 and Article 14 of the Agreement on Safeguards.
The communication from the Government of Colombia, dated 15 March 2001, was
distributed to WTO Members on 22 March 2001 (, and ).
Guatemala reiterates its substantial trade interest as a supplier of sugar to Chile, and hence its
wish to be joined in these consultations.
The Government of Guatemala looks forward to receiving information concerning the date
and venue of the consultations.
CHILE – SAFEGUARD MEASURES ON SUGAR
Document: Request to Join Consultations Communication from Nicaragua
Date: 3 April 2001
Document codes: WT/DS228/4; WT/DS228/1
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES ON SUGAR
Request to Join Consultations
Communication from Nicaragua
The following communication, dated 30 March 2001, from the Permanent Mission of
Nicaragua to the Permanent Mission of Colombia, the Permanent Mission of Chile and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
On the instructions of my Government, I have the honour to inform you herewith of our wish
to be associated with the request for consultations from the Government of Colombia to your
Government with regard to safeguard measures on sugar, circulated as document of
22 March 2001.
In view of the importance of the sugar sector in my country in generating employment and
income, we reiterate our trade and systemic interest in participating in these consultations under
paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU).
We thank you in advance for your cooperation in this matter and look forward to a positive
reply.
CHILE – SAFEGUARD MEASURES ON SUGAR
Document: Request to Join Consultations Communication from Costa Rica
Date: 3 April 2001
Document codes: WT/DS228/5; WT/DS228/1
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES ON SUGAR
Request to Join Consultations
Communication from Costa Rica
The following communication, dated 30 March 2001, from the Permanent Mission of Costa
Rica to the Permanent Mission of Chile, the Perman ent Mission of Colombia and to the Chairman of
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
The Government of Costa Rica requests herewith to be joined in the consultations requested
by Colombia with respect to the safeguard measures on sugar applied by Chile ().
This request is made pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade
(GATT) 1994, and Article 14 of the Agreement on Safeguards. Costa Rica has a substantial and
systemic interest in this case.
CHILE – SAFEGUARD MEASURES ON SUGAR
Document: Request to Join Consultations Communication from El Salvador
Date: 4 April 2001
Document codes: WT/DS228/6
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. XIX  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES ON SUGAR
Request to Join Consultations
Communication from El Salvador
The following communication, dated 2 April 2001, from the Permanent Mission of
El Salvador to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I have the honour to inform you that El Salvador has a substantial interest in the consultations
requested by Colombia with Chile concerning the safeguard measures applied to sugar. The request
was circulated to Members on 22 March 2001.
El Salvador therefore requests to be joined in the consultations as a third party in accordance
with Article 4.11 of the Dispute Settlement Understanding.
CHILE – SAFEGUARD MEASURES AND MODIFICATION OF SCHEDULES REGARDING SUGAR
Document: Request to Join Consultations Communication from Guatemala
Date: 30 April 2001
Document codes: WT/DS230/2
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. II, XIX, XXVIII  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES AND MODIFICATION
OF SCHEDULES REGARDING SUGAR
Request to Join Consultations
Communication from Guatemala
The following communication, dated 26 April 2001, from the Permanent Mission of
Guatemala to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I have been instructed by the authorities of my country to notify that, pursuant to Article 4.11
of the Understanding on Rules and Procedures Gove rning the Settlement of Disputes (DSU), the
Government of Guatemala wishes to be joined in the consultations requested by the Government of
Colombia with the Government of Chile under Article 4 of the DSU and Article XXII of the General
Agreement on Tariffs and Trade (GATT) 1994.
The communication from the Government of Colombia, dated 17 April 2001, document
, was circulated to WTO Members on 23 April 2001 and entirely replaces the
communication dated 15 March 2001 and circulated to WTO Members as document
Accordingly, the Government of Guatemala wishes to reiterate its substantial trade interest as
a supplier of sugar to Chile, and hence its wish to be joined in these consultations.
The Government of Guatemala looks forward to receiving information concerning the date
and venue of the consultations.
CHILE - SAFEGUARD MEASURES AND MODIFICATION OF SCHEDULES REGARDING SUGAR
Document: Request to Join Consultations Communication from Costa Rica The   following   communication,   dated  26  April  2001,  from  the  Permanent   Mission   of Costa Rica to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Date: 30 April 2001
Document codes: WT/DS230/3; WT/DS230/1; WT/DS228/1
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. II, XIX, XXVIII  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE - SAFEGUARD MEASURES AND MODIFICATION
OF SCHEDULES REGARDING SUGAR
Request to Join Consultations
Communication from Costa Rica
The following communication, dated 26 April 2001, from the Permanent Mission of
Costa Rica to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
The Government of Costa Rica hereby requests to be joined in the consultations requested by
Colombia concerning the safeguard measures applied by Chile to sugar (document
replacing document ).
This request is made pursuant to Article 4.11 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade
(GATT) 1994, and Article 14 of the Agreement on Safeguards. Costa Rica has a substantial and
systemic interest in this case.
CHILE – SAFEGUARD MEASURES AND MODIFICATION OF SCHEDULES REGARDING SUGAR
Document: Request to Join Consultations Communication from Cuba
Date: 4 May 2001
Document codes: WT/DS230/4
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. II, XIX, XXVIII  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES AND MODIFICATION
OF SCHEDULES REGARDING SUGAR
Request to Join Consultations
Communication from Cuba
The following communication, dated 1 May 2001, from the Permanent Mission of Cuba to
the Permanent Mission of Chile, the Permanent Mi ssion of Colombia and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
In accordance with Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of C uba hereby notifies its wish to be joined in the
consultations requested by the Government of Colombia pursuant to Article 4 of the DSU and
Article XXII of the General Agreement on Tariffs and Trade 1994 concerning safeguard measures
and modification of schedules regarding sugar, document of 23 April 2001.
Cuba considers that it has a substantial trade interest in the matter.
We would be grateful to be informed of the date and place of the consultations.
CHILE – SAFEGUARD MEASURES AND MODIFICATION OF SCHEDULES REGARDING SUGAR
Document: Request to Join Consultations Communication from Nicaragua
Date: 8 May 2001
Document codes: WT/DS230/5; WT/DS230/1
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. II, XIX, XXVIII  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE – SAFEGUARD MEASURES AND MODIFICATION
OF SCHEDULES REGARDING SUGAR
Request to Join Consultations
Communication from Nicaragua
The following communication, dated 3 May 2001, from the Permanent Mission of Nicaragua
to the Permanent Mission of Chile, the Permanent Mission of Colombia and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
On instructions from my authorities, I wish to inform you that my Government has decided to
join the request for consultations addressed by Colombia to your Government concerning safeguard
measures and modification of schedules regarding sugar, as circulated in document of
23 April 2001, replacing document
Taking into account the importance of the sugar industry as a source of employment and
income in my country, we reiterate our trade and systemic interest in participating in the consultations
in accordance with Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU).
CHILE - SAFEGUARD MEASURES AND MODIFICATION OF SCHEDULES REGARDING SUGAR
Document: Acceptance by Chile of the Requests to Join Consultations Costa Rica, Cuba, Guatemala and Nicaragua notified the DSB of their desire to be joined in the consultations requested by Colombia, pursuant to Article 4.11 of the DSU. The Permanent Mission of Chile informed the Dispute Settlement Body that it had accepted the requests of Costa Rica, Cuba, Guatemala and Nicaragua to join consultations. CHILI - MESURES DE SAUVEGARDE ET MODIFICATION DES LISTES CONCERNANT LE SUCRE Acceptation par le Chili des demandes de participation aux consultations Le Costa Rica, Cuba, le Guatemala et le Nicaragua ont fait savoir à l'ORD qu'ils désiraient participer aux consultations demandées par la Colombie, conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends. La Mission permanente du Chili a informé l'Organe de règlement des différends qu'elle avait accepté les demandes de participation aux consultations présentées par le Costa Rica, Cuba, le Guatemala et le Nicaragua. CHILE - MEDIDAS DE SALVAGUARDIA Y MODIFICACIÓN DE LAS
Date: 19 June 2001
Document codes: WT/DS230/6
Complainant: Colombia
Respondent: Chile
Dispute stage: Consultation
Agreements cited: Art. II, XIX, XXVIII  GATT 1994Art. 2, 3, 4, 5, 7, 9, 12  Safeguards

CHILE - SAFEGUARD MEASURES AND MODIFICATION
OF SCHEDULES REGARDING SUGAR
Acceptance by Chile of the Requests to Join Consultations
Costa Rica, Cuba, Guatemala and Nicaragua notified the DSB of their desire to be joined in
the consultations requested by Colombia, pursuant to Article 4.11 of the DSU.
The Permanent Mission of Chile informed the Dispute Settlement Body that it had accepted
the requests of Costa Rica, Cuba, Guatemala and Nicaragua to join consultations.
CHILI - MESURES DE SAUVEGARDE ET MODIFICATION DES
LISTES CONCERNANT LE SUCRE
Guatemala et le Nicaragua.
CHILE - MEDIDAS DE SALVAGUARDIA Y MODIFICACIÓN DE LAS
LISTAS EN LO QUE RESPECTA AL AZÚCAR
Costa Rica, Cuba, Guatemala y Nicaragua notificaron al OSD su deseo de que se las asociara
La Misión Permanente de Chile ha informado al Órgano de Solución de Diferencias de que ha
aceptado las solicitudes de Costa Rica, Cuba, Guatemala y Nicaragua de asociación a las consultas.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request for Consultations by Peru
Date: 23 April 2001
Document codes: WT/DS231/1; G/L/449; G/TBT/D/22
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request for Consultations by Peru
The following communication, dated 20 March 2001, from the Permanent Mission of Peru to
the Permanent Delegation of the European Commission and to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
I have the honour to inform you that I have received instructions from the authorities of my
country to request consultations with the European Communities under Article 4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes, Article XXII of the General
Agreement on Tariffs and Trade 1994, and Article 14 of the Agreement on Technical Barriers to
Trade, with respect to the implementation of Council Regulation (EEC) No. 2136/89 which prevents
Peruvian exporters from continuing to use the trade description "sardines" for their products.
According to the Codex Alimentarius standards (STAN 94-181 Rev. 1995), the species
"sardinops sagax sagax" is included among those which may be described as "sardines".
Peru therefore considers that the mentioned Eu ropean Regulation constitutes an unjustified
barrier to trade and is contrary to Articles 2 and 12 of the Agreement on Technical Barriers to Trade
and Article XI:1 of the GATT 1994. Moreover, it appears to violate the principle of non-
discrimination, causing prejudice to our export product and infringing Articles I and III of the GATT
1994.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request to Join Consultations Communication from Venezuela
Date: 3 May 2001
Document codes: WT/DS231/2; WT/DS231/1
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request to Join Consultations
Communication from Venezuela
The following communication, dated 1 May 2001, from the Permanent Mission of Venezuela
to the Permanent Delegation of the European Commission, the Permanent Mission of Peru and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I wish to inform you that Venezuela is interest ed in being joined in the consultations to be
held between the European Communities (EC) and Peru concerning: European Communities (EC) –
Trade Description of Sardines ().
Our request is based specifically on Venezuela's substantial trade interest in this case, in
accordance with Article 4.11 of the Dispute Settlement Understanding.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request to Join Consultations Communication from Chile
Date: 7 May 2001
Document codes: WT/DS231/3; WT/DS231/1
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request to Join Consultations
Communication from Chile
The following communication, dated 3 May 2001, from the Permanent Mission of Chile to
the Permanent Delegation of the European Commission, the Permanent Mission of Peru and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I refer to the request for consultations by Peru in connection with the trade description of
sardines, circulated as document on 23 April 2001.
The Chilean fishing industry – including the exploitation of sardine and sardine by-product
resources – is of considerable importance both in terms of share in the country's GDP and generation
of employment. A substantial portion of this production is sold on foreign markets, much of it on the
Community market. In view of these considerations and pursuant to Article 4.11 of the Dispute
Settlement Understanding, the Government of Chile asks to be joined in the above-mentioned
consultations on the basis of its substantial and systemic trade interest in the case.
I look forward to hearing from you concerning the date and place of the consultations and
take this opportunity to express once again the assurances of my highest consideration.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request to Join Consultations Communication from the United States
Date: 8 May 2001
Document codes: WT/DS231/4; WT/DS231/1
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request to Join Consultations
Communication from the United States
The following communication, dated 3 May 2001, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission, the Permanent Mission of
Peru and to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.11of the DSU.
This concerns the request for consultations by Peru with respect to "European Communities -
Trade Description of Sardines", circulated on 23 April 2001 (). Pursuant to Article 4.11
of the Understanding on Rules and Procedures Governing the Settlement of Disputes, my authorities
have instructed me to notify the consulting Memb ers and the Dispute Settlement Body (DSB) of the
desire of the United States to be joined in these consultations. The United States has a substantial
trade interest in these consultations because they concern a regulation - Council Regulation
(EEC) No. 2136/89 - that does not permit the species "sardinops sagax" to be marketed in the EC
under the trade description "sardines". The species "sardinops sagax" is one that the United States
harvests, lands, and exports in significant quantities.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request to Join Consultations Communication from Ecuador
Date: 9 May 2001
Document codes: WT/DS231/5; WT/DS231/1; G/L/449; G/TBT/D/22
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request to Join Consultations
Communication from Ecuador
The following communication, dated 3 May 2001, from the Permanent Mission of Ecuador to
the Permanent Delegation of the European Commission, the Permanent Mission of Peru and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I refer to the communication from the Permanent Representative of Peru dated 23 April 2001,
contained in document , , , requesting consultations with the
European Communities concerning Regulation (EEC) No. 2136/89 governing the use of the trade
description "sardines" for imports of the species " sardinops sagax sagax " into the European
Communities.
In view of its substantial trade interest in this product, Ecuador hereby requests to be joined in
these consultations in accordance with its rights under Article 4.11 of the DSU.
I should be grateful if you would let me know the date when the consultations will be held.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Request for the Establishment of a Panel by Peru
Date: 8 June 2001
Document codes: WT/DS231/6
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Request for the Establishment of a Panel by Peru
The following communication, dated 7 June 2001, from the Permanent Mission of Peru to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
I have the honour to request herewith, in accordance with Article XXIII of the GATT 1994,
Articles 4 and 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) and Article 14 of the Agreement on Technical Barriers to Trade, the establishment of a panel
to examine the marketing standards for preserved sardines in Council Regulation (EEC) No. 2136/89.
On 20 March 2001, Peru formally requested consultations with the European Communities
with a view to reaching a mutually satisfactory solu tion to this dispute. This request was distributed
to WTO Members in document The consultations were held in Geneva, Switzerland,
on 31 May 2001, but unfortunately, they failed to settle the dispute.
Peru considers that Council Regulation (EEC ) No. 2136/89 of 21 June 1989 laying down
common marketing standards for preserved sardines creates an unnecessary obstacle to international
trade. At the same time, these marketing standa rds cause discriminatory treatment of preserved
sardines from Peru. Indeed, Article 2 of the Community Regulation stipulates that only preserved
sardines that are "prepared exclusively from fish of the species Sardina pilchardus Walbaum" may be
marketed as preserved sardines.
It should be stressed that Peruvian preserved sardines prepared from Sardinops sagax sagax
entered the German market without any problem under the description "Pacific Sardines" until
June 1999, when their entry was prohibited through the application of Council Regulation (EEC)
No. 2136/89. Consequently, the application of the said Community Regulation is causing injury to
Peruvian exporters and affecting their legitimate expectations under the Agreements of the World
Trade Organization (WTO).
Peru therefore considers the said Community Regulation to be an unnecessary obstacle to
international trade which infringes Articles 2 and 12 of the Agreement on Technical Barriers to Trade
and Article XI.1 of the GATT 1994. Moreover, it appears to violate the principle of non-
discrimination, causing injury to our export product, contrary to Articles I and III of the GATT 1994.
Accordingly, the Government of Peru requests the establishment of a panel with the standard
terms of reference set out in Article 7 of the DSU. To that end, I would be grateful if this request
could be included in the agenda for the meeting of the Dispute Settlement Body scheduled to take
place on 20 June 2001.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Constitution of the Panel Established at the Request of Peru Note by the Secretariat
Date: 25 September 2001
Document codes: WT/DS231/7; WT/DS231/6.; WT/DS231/6
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Constitution of the Panel Established at the Request of Peru
Note by the Secretariat
1. At its meeting on 24 July 2001, in accordance with Article 6 of the Dispute Settlement
Understanding (DSU), the Dispute Settlement Body (DSB) established a Panel pursuant to the request
made by Peru in document
2. At that meeting, the parties to the dispute also agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by Peru in document , the matter referred to the DSB by Peru 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 31 August 2001, Peru requested the Director-General to determine the composition of the
Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council or
Committee, shall determine the composition of the panel by appointing the panelists
whom the Director-General considers most appropriate in accordance with any relevant
special or additional rules or procedures of the covered agreement or covered
agreements which are at issue in the dispute, after consulting with the parties to the
dispute. The Chairman of the DSB shall inform the Members of the composition of the
panel thus formed no later than 10 days after the date the Chairman receives such a
request."
4. On 11 September 2001, the Director-General accordingly composed the Panel as follows:
Chairperson: Ms. Margaret Liang
Members: Ms. Merit Janow
Mr. Mohan Kumar
5. Canada, Chile, Colombia, Ecuador, United States and Venezuela have reserved their rights to
participate in the Panel proceedings as third parties.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Communication from the Chairman of the Panel
Date: 13 March 2002
Document codes: WT/DS231/8
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Communication from the Chairman of the Panel
The following communication, dated 11 March 2002, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (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 pa rties to the dispute, 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 "" was established at
the request of Peru by the DSB on 24 July 2001. On 11 September 2001, the Director-General
determined the composition of the Panel at the request of Peru. I wish to inform you that, due to the
complexity of the matter before it and scheduling constraints, the Panel will not be able to issue its
report within six months.
The Panel expects to complete its work by end of April 2002.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Communication from the Chairman of the Panel
Date: 8 May 2002
Document codes: WT/DS231/9
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Communication from the Chairman of the Panel
The following communication, dated 6 May 2002, addressed to the Dispute Settlement Body
(DSB), is circulated in accordance with Article 12.12 of the DSU.
Please be advised that on 3 May 2002 the parties in the dispute on requested the Panel to suspend its proceedings in accordance with
Article 12.12 of the DSU until 21 May 2002. The Panel has agreed to this request.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Withdrawal of Appeal by the European Communities in accordance with Rule 30(1) of the  Working Procedures for Appellate Review
Date: 4 July 2002
Document codes: WT/DS231/11; WT/DS231/R
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Withdrawal of Appeal by the European Communities
in accordance with Rule 30(1) of the Working Procedures for Appellate Review
The following communication, dated 28 June 2002, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated to Members.
Pursuant to paragraph 4 of Article 16 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (the “DSU”) the European Communities hereby notify their
decision to appeal the Panel report on
(, 29 May 2002).
We attach the Notice of Appeal. This Notice of Appeal replaces the one filed on
25 June 2002 (), which is withdrawn pursuant to Rule 30 of the Working Procedures
for Appellate Review conditionally on the right of the European Communities to file the new Notice
of Appeal.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Communication from the Appellate Body
Date: 28 August 2002
Document codes: WT/DS231/13
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Communication from the Appellate Body
The following communication, dated 27 August 2002, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified the Dispute
Settlement Body of its decision to appeal. Article 17.5 states, furthermore, that when the Appellate
Body considers that it cannot provide its report within 60 days, it shall inform the DSB in writing of
the reasons for the delay together with an estimate of the period within which it will submit its report.
The European Communities notified the Dispute Settlement Body on 28 June 2002 of its
decision to appeal certain issues of law covered in the Panel Report and legal interpretations
developed by the Panel in this case, with the result that the 60-day period expires on Tuesday, 27
August 2002. Due to the time required for completion and translation of the Report, the Appellate
Body will not be able to circulate its Report by Tuesday, 27 August 2002. We estimate that the
Appellate Body Report in this appeal will be circulated to WTO Members no later than Thursday, 26
September 2002.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Communication from the Appellate Body
Date: 26 September 2002
Document codes: WT/DS231/14; WT/DS231/AB/R.
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Communication from the Appellate Body
The following communication, dated 25 September 2002, from Mr. James Bacchus,
Chairman of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is
circulated in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes.
It is my honour to provide to you a copy of the Report of the Appellate Body in , It will be circulated to
Members of the on Thursday, 26 September 2002, in accordance with
paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes. It is a confidential document until its circulation. The three Members of the Appellate
Body who served on this appeal were: myself, as Presiding Member; and Mr. Georges Abi-Saab
and Mr. Luiz Olavo Baptista, as Members.
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Agreement under Article 21.3(b) of the DSU
Date: 24 December 2002
Document codes: WT/DS231/16
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Agreement under Article 21.3(b) of the DSU
The following communication, dated 19 December 2002, from the Permanent Mission of
Peru and the Permanent Delegation of the European Commission to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 21.3(b) of the DSU.
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes , the European Communities and Peru would like to inform the Dispute
Settlement Body (DSB) that they have agreed that the reasonable period of time for the European
Communities to implement the recommendations and rulings of the DSB in the dispute EC – Trade
Description of Sardines (DS231), adopted on 23 October 2002 will expire on 23 April 2003.
For the European Communities For Peru
(s) Carlo Trojan (s) Jorge Voto-Bernales
Ambassador Ambassador
Permanent Representative to the WTO Permanent Representative to the WTO
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Modification of the Agreement under Article 21.3(b) of the DSU
Date: 22 April 2003
Document codes: WT/DS231/17
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Modification of the Agreement under Article 21.3(b) of the DSU
The following communication, dated 14 April 2003, from the Permanent Mission of Peru and
the Permanent Delegation of the European Commission to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 21.3(b) of the DSU.
On 19 December 2002, Peru and the European Communities concluded the above-referenced
agreement. The agreement provides that the reason able period of time for the implementation of the
recommendations and rulings of the Dispute Settlement Body (DSB) in the above-noted matter was to
be completed no later than 23 April 2003.
This is to confirm that, in the interests of fa cilitating a mutually agreed settlement of the
dispute, Peru and the European Communities hereby agree to extend the reasonable period of time for
implementation of the DSB's recommendations and rulings until 1 July 2003, pursuant to
Article 21.3(b) of the Dispute Settlement Understanding.
For the European Communities For Peru
(s) Carlo Trojan (s) Jorge Voto-Bernales
Ambassador Ambassador
EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Document: Report of the Panel Corrigendum Footnote 35, second sentence, insert "could" after "it" and change "created" to read "create". Paragraph 7.92, insert a full stop after "relevant international standard" and delete the ensuing three words.
Date: 10 June 2002
Document codes: WT/DS231/R/Corr.1
Complainant: Peru
Respondent: EU
Third parties: Canada, Chile, Colombia, Ecuador, Venezuela, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)Art. XI:1  GATT 1994

EUROPEAN COMMUNITIES – TRADE DESCRIPTION OF SARDINES
Report of the Panel
Corrigendum
Footnote 35, second sentence, insert "could" after "it" and change "created" to read "create".
Paragraph 7.92, insert a full stop after "relevant international standard" and delete the ensuing
three words.
COMMUNAUTÉS EUROPÉENNES - DÉSIGNATION COMMERCIALE DES SARDINES
Rapport du Groupe spécial
Corrigendum
Note de bas de page 35, deuxième phrase, après "nous avons estimé qu'il", remplacer "créait"
par "pourrait créer".
Paragraphe 7.92: sans objet en français.
COMUNIDADES EUROPEAS - DENOMINACIÓN COMERCIAL DE SARDINAS
Informe del Grupo Especial
Corrigendum
Nota 35 a pie de página: en la primera línea de la segunda frase, insértese la palabra "podría"
Párrafo 7.92: Corrección no aplicable al texto español.