dean22029/WTO_Docs huggingface dataset:
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Second Recourse by the United States and New Zealand to Article 21.5 of the DSU Communication from the Chairman of the Panel
Date: 16 May 2002
Document codes: WT/DS103/27; WT/DS113/27
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Second Recourse by the United States and New Zealand
to Article 21.5 of the DSU
Communication from the Chairman of the Panel
The following communication, dated 15 May 2002, addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accord ance with Article 21.5 of the Dispute Settlement
Understanding (DSU).
Article 21.5 of the DSU provides that the panel shall circulate its report within 90 days after
the date of referral of the matter to it.
Article 21.5 of the DSU further states that when the panel considers that it cannot provide its
report within this time frame, it shall inform th e DSB in writing of the reasons for the delay together
with an estimate of the period within which it will submit its report.
The Panel on , Second Recourse by the United States and New Zealand to Article 21.5 of the DSU
 (WT/DS103 and WT/DS/113) was established by the DSB on 18 December 2001 and composed on
17 January 2002.
In agreement with the Parties, the issuance of the report was originally scheduled for
21 May 2002. It will not, however, be possible for the Panel to complete its work by this date due to
the complexity of the matter.
The Panel expects to complete its work and issue the report by early June 2002.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Second Recourse to Article 21.5 of the DSU by New Zealand and the United States 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: 26 September 2002
Document codes: WT/DS103/28; WT/DS113/28
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Second Recourse to Article 21.5 of the DSU
by New Zealand and the United States
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 23 September 2002, sent by Canada to the Dispute
Settlement Body ("DSB"), is circulated to Members. This 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 (the “DSU ”) and Rule 20 of the Working Procedures for
Appellate Review, the Government of Canada hereby notifies its decision to appeal certain issues of
law covered in the Panel report on , Second Recourse to Article 21.5 of the DSU by New Zealand and the
United States ( and WT/DS/113/RW2) and certain legal interpretations developed by
the Panel.
The Government of Canada seeks review of the Panel’s finding that the Canadian measures in
question constitute an export subsidy within the m eaning of Article 9.1(c) and, in the alternative,
Article 10.1 of the Agreement on Agriculture. With respect to Article 9.1(c) of the Agreement on
Agriculture, Canada seeks review of the Panel’s finding that commercial export milk sales constitute
payments that are financed by virtue of governmental action. With respect to Article 10.1 of the
Agreement on Agriculture , Canada seeks review of the Panel’s finding that commercial export milk
sales constitute export subsidies within the meaning of Articles 1(e) and 10.1 of the Agreement on
Agriculture. Canada also seeks review of the Panel’s findings concerning that interpretation and
application of Article 10.3 of the Agreement on Agriculture. The above-noted findings are in error and
are based on erroneous findings on issues of law and on related legal interpretations with respect to the
interpretation and application of these Articles.
 The Government of Canada respectfully requests that the Appellate Body reverse the findings
and conclusions of the Panel and modify the recommendations and rulings of the Panel accordingly.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Second Recourse to Article 21.5 of the DSU by New Zealand and the United States Communication from the Appellate Body
Date: 22 November 2002
Document codes: WT/DS103/29; WT/DS113/29
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Second Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Communication from the Appellate Body
The following communication, dated 20 November 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.
Canada notified the Dispute Settlement Body on 23 September 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 Friday, 22 November 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 Friday, 22 November 2002. We estimate that the Appellate Body Report in
this appeal will be circulated to WTO Members no later than Friday, 20 December 2002.
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Second Recourse to Article 21.5 of the DSU by New Zealand and the United States Communication from the Appellate Body
Date: 20 December 2002
Document codes: WT/DS103/30; WT/DS113/30
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Second Recourse to Article 21.5 of the DSU
by New Zealand and the United States
Communication from the Appellate Body
The following communication, dated 20 December 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 transmit to you the Report of the Appellate Body in – Second Recourse
to Article 21.5 of the DSU by New Zealand and the United States , ,
 It will be circulated to Members of the later today,
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: Mr. Luiz Olavo Baptista, as
Presiding Member; Mr. Giorgio Sacerdoti and Mr. Yasuhei Taniguchi, as Members.
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body On 27 October 1999, the Dispute Settlement Body adopted the Appellate Body report on "Canada – Measures Affecting the Importation of Milk and the Exportation of Dairy Products " (WT/DS103/AB/R - WT/D S113/AB/R) and the panel report (WT/DS103/R - WT/DS113/R), as modified by the Appellate Body Report.  The pane l report should be read in conjunction with the Appellate Body report. CANADA - MESURES VISANT L'IMPORTATION DE LAIT ET L'EXPORTATION DE PRODUITS LAITIERS Rapport de l'Organe d'appel et rapport du Groupe spécial Dispositions prises par l'Organe de règlement des différends Le 27 octobre 1999, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel intitulé "Canada - Mesures visant l'importation de lait et l'exportation de produits laitiers" (WT/DS103/AB/R-WT/DS113/AB/R) et le rapport du Groupe spécial (WT/DS103/R-WT/DS113/R) modifié par le rapport de l'Organe d'appel.  Le rapport du Groupe spécial est à rapprocher de celui de
Date: 25 February 2000
Document codes: WT/DS103/11; WT/DS113/11; WT/DS103/AB/R; WT/DS103/R; WT/DS113/R
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE
EXPORTATION OF DAIRY PRODUCTS
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
On 27 October 1999, the Dispute Settlement Body adopted the Appellate Body report on
"Canada – Measures Affecting the Importation of Milk and the Exportation of Dairy Products "
( - WT/D S113/AB/R) and the panel report ( - ), as
modified by the Appellate Body Report. The pane l report should be read in conjunction with the
Appellate Body report.
CANADA - MESURES VISANT L'IMPORTATION DE LAIT ET
L'EXPORTATION DE PRODUITS LAITIERS
Rapport de l'Organe d'appel et rapport du Groupe spécial
d'appel intitulé "Canada - Mesures visant l'importation de lait et l'exportation de produits laitiers"
l'Organe d'appel.
Y A LAS EXPORTACIONES DE PRODUCTOS LÁCTEOS
Actuación del Órgano de Solución de Diferencias
CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body On 18 December 2001, the Dispute Settlement Body adopted the Appellate Body Report on "Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products: Recourse to Article 21.5 of the DSU by New Zealand and the United States " (WT/DS103/AB/RW, WT/DS113/AB/RW) and the Panel Report (WT/DS 103/RW, WT/DS113/RW), as reversed by the Appellate Body Report.  The Panel Report should be read in conjunction with the Appellate Body Report. CANADA - MESURES VISANT L'IMPORTATION DE LAIT ET L'EXPORTATION DE PRODUITS LAITIERS Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum d'accord sur le règlement des différends Dispositions prises par l'Organe de règlement des différends Le 18 décembre 2001, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel intitulé " Canada - Mesures visant l'importation de lait et l'exportation de produits laitiers:
Date: 7 January 2002
Document codes: WT/DS103/25; WT/DS113/25; WT/DS103/AB/RW; WT/DS113/AB/RW; WT/DS113/RW
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA - MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
On 18 December 2001, the Dispute Settlement Body adopted the Appellate Body Report on
":
Recourse to Article 21.5 of the DSU by New Zealand and the United States " (,
) and the Panel Report (WT/DS 103/RW, ), as reversed by the
Appellate Body Report. The Panel Report should be read in conjunction with the Appellate Body
Report.
CANADA - MESURES VISANT L'IMPORTATION DE LAIT ET
L'EXPORTATION DE PRODUITS LAITIERS
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5
d'appel intitulé " Canada - Mesures visant l'importation de lait et l'exportation de produits laitiers:
Recours des États-Unis et de la Nouvelle-Zél ande à l'article 21:5 du Mémorandum d'accord "
rapprocher de celui de l'Organe d'appel.
Y A LAS EXPORTACIONES DE PRODUCTOS LÁCTEOS
Actuación del Órgano de Solución de Diferencias
exportaciones de productos lácteos: Recurso de Nu eva Zelandia y los Estados Unidos al párrafo 5
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body On 17 January 2003, the Dispute Settlement Body adopted the Appellate Body Report on "Canada – Measures Affecting the Importation of Milk and the Exportation of Dairy Products: Second Recourse to Article 21.5 of the DSU by New Zealand and the United States " (WT/DS103/AB/RW2, WT/DS113/AB/RW2) and the Panel Report (WT/DS103/RW2, WT/DS113/RW2), as modified by the Appellate B ody Report.  The Panel Report should be read in conjunction with the Appellate Body Report. CANADA – MESURES VISANT L'IMPORTATION DE LAIT ET L'EXPORTATION DE PRODUITS LAITIERS Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum d'accord sur le règlement des différends Dispositions prises par l'Organe de règlement des différends Le 17 janvier 2003, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel sur l'affaire " Canada - Mesures visant l'importation de lait et l'exportation de produits
Date: 27 January 2003
Document codes: WT/DS103/32; WT/DS113/32; WT/DS103/AB/RW2; WT/DS113/AB/RW2; WT/DS103/RW2; WT/DS113/RW2
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
On 17 January 2003, the Dispute Settlement Body adopted the Appellate Body Report on
":
Second Recourse to Article 21.5 of the DSU by New Zealand and the United States "
(, ) and the Panel Report (,
), as modified by the Appellate B ody Report. The Panel Report should be read in
conjunction with the Appellate Body Report.
CANADA – MESURES VISANT L'IMPORTATION DE LAIT ET
L'EXPORTATION DE PRODUITS LAITIERS
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5
d'appel sur l'affaire " Canada - Mesures visant l'importation de lait et l'exportation de produits
laitiers: Deuxième recours des États-Unis et de la Nouvelle-Zélande à l'article 21:5 du Mémorandum
Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
Y A LAS EXPORTACIONES DE PRODUCTOS LÁCTEOS
Informe del Órgano de Apelación e informe del Grupo Especial de conformidad
Actuación del Órgano de Solución de Diferencias
exportaciones de productos lácteos: segundo recurso de Nueva Zelandia y los Estados Unidos al
Apelación.
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE Request to Join Consultations Communication from Japan
Date: 24 October 1997
Document codes: WT/DS104/2
Complainant: U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. 8, 9, 10, 11  AgricultureArt. 3  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
THE EXPORTATION OF PROCESSED CHEESE
Request to Join Consultations
Communication from Japan
The following communication, dated 21 October 1997, from the Permanent Mission of Japan
to the Permanent Delegation of the European Commission and 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 Japan hereby notifies the European Communities that,
in light of the substantial trade interest of Japan, it desires to be joined in the consultations requested
by the United States in a communication circulated to WTO Members on 13 October 1997 (,
, ) entitled "". The EC, being the largest exporter of processed cheese to Japan, exported
in fiscal year 1995 1,456 million Yen-worth of the said cheese to Japan, which accounted for
approximately 77 per cent of Japan's total imports.
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE Request to Join Consultations Communication from Australia
Date: 27 October 1997
Document codes: WT/DS104/3
Complainant: U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. 8, 9, 10, 11  AgricultureArt. 3  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
THE EXPORTATION OF PROCESSED CHEESE
Request to Join Consultations
Communication from Australia
The following communication, dated 22 October 1997, from the Permanent Mission of Australia
to the Permanent Delegation of the European Commission and 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 Australia hereby notifies that, due to its substantial trade
interest, it desires 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 13 October 1997 ()
entitled .
Australia is a major producer and exporter of dairy products and has a substantial trade interest
in the products that are the subject of the United States request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE Request to Join Consultations Communication from Canada
Date: 28 October 1997
Document codes: WT/DS104/4
Complainant: U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. 8, 9, 10, 11  AgricultureArt. 3  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
THE EXPORTATION OF PROCESSED CHEESE
Request to Join Consultations
Communication from Canada
The following communication, dated 23 October 1997, from the Permanent Mission of Canada
tothe Permanent Delegationof the EuropeanCommission and theDisputeSettlementBody,iscirculated
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 Permanent Mission of the United States in Geneva in a
letter to the Chairman of the Dispute Settlement Body dated 8 October 1997 with respect to the export
subsidies of the EC concerning processed cheese (, 13 October 1997).
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE EXPORTATION OF PROCESSED CHEESE
Document: Request for Consultations by the United States
Date: 13 October 1997
Document codes: WT/DS104/1; G/AG/GEN/13; G/SCM/D16/1
Complainant: U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. 8, 9, 10, 11  AgricultureArt. 3  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
THE EXPORTATION OF PROCESSED CHEESE
Request for Consultations by the United States
The following communication, dated 8 October 1997, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission and to the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the European Communities
(“ EC” ) pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (“ DSU” ), Article 19 of the Agreement on Agriculture, and Article 30 of the Agreement
on Subsidies and Countervailing Measures with respect to the export subsidies of the EC concerning
processed cheese. The relevant citations include, but are not limited to, Regulation (EC) No 210/69,
Regulation (EC) No 3665/87, Regulation (EC) No 1466/95, Regulation (EC) No 300/97, Regulation
(EC) No 417/97, Regulation (EC) No 418/97, and any amendments or modifications.
The European Communities (EC) is providing export subsidies, including under an inward
processing arrangement, in favour of processed cheese without regard to the export subsidy reduction
commitments of the EC with respect to processed cheese. These export subsidies distort markets for
dairy products and adversely affect U.S. sales of dairy products.
These subsidies appear to be inconsistent with the obligations of the EC under the Agreement
on Agriculture and the Agreement on Subsidies and Countervailing Measures. The provisions of these
agreements with which these measures appear to be inconsistent include, but are not limited to, the
following:
(1) Agreement on Agriculture, Articles 8, 9, 10 and 11; and
(2) Agreement on Subsidies and Countervailing Measures, Article 3.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request for Consultations by Panama
Date: 29 October 1997
Document codes: WT/DS105/1; G/L/199; G/LIC/D/15; G/TRIMS/D/11; S/L/41
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request for Consultations by Panama
The following communication, dated 24 October 1997, from the Permanent Mission of Panama
to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
The Government of the Republic of Panama hereby wishes to notify the Dispute Settlement
Body of the of its request for the initiation of consultations with the European
Communities concerning the latter's regime for the importation, sale and distribution of bananas as
established through Regulation 404/93 (OJ L 47 of 25 February 1993, pages 1-11) as well as any
subsequent legislation, regulations or administrative measures adopted by the European Communities,
including those reflecting the Framework Agreement on Bananas, which implement, supplement or
amend that regime.
This request is made on the basis of Article 4:4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994,
Article 6 of the Agreement on Import Licensing Procedures, Article XXIII of the General Agreement
on Trade in Services, and Article 8 of the Agreement on Trade-Related Investment Measures.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request for Consultations by Panama Addendum
Date: 9 January 1998
Document codes: WT/DS105/1/Add.1; WT/DS105/1.; G/L/199/Add.1; G/LIC/D/15/Add.1; G/TRIMS/D/11/Add.1; S/L/41
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request for Consultations by Panama
Addendum
The following communication, dated 24 October 1997, from the Permanent Mission of Panama
to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU. It was inadvertently not included in document

The Permanent Mission of the Republic of Panama hereby wishes to request the initiation of
consultations with the European Communities concerning the latter's regime for the importation, sale
and distribution of bananas as established through Regulation 404/93 (OJ L 47 of 25 February 1993,
pages 1-11), as well as any subsequent legislation, regulations or administrative measures adopted by
the European Communities, including those reflecting the Framework Agreement on Bananas, which
implement, supplement, or amend that regime.
This request is made on the basis of Article 4.4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994,
Article 6 of the Agreement on Import Licensing Procedures, Article XXIII of the General Agreement
on Trade in Services, and Article 8 of the Agreement on Trade-Related Investment Measures.
The Government of the Republic of Panama is particularly interested in knowing how the
European Communities will be implementing the decisions contained in the Reports of the Panel and
the Appellate Body on "". On the basis of those decisions, we must inform you that Panama considers the
European Communities' regime to be inconsistent with Articles I, II and XIII of the General Agreement
on Tariffs and Trade 1994, Articles II and XVII of the General Agreement on Trade in Services, and
Articles 1 and 3 of the Agreement on Import Licensing Procedures; and it also apparently appears
to be inconsistent with the European Communities' obligations under Articles 2 and 5 of the Agreement
on Trade-Related Investment Measures.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Colombia
Date: 5 November 1997
Document codes: WT/DS105/2
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Colombia
The following communication, dated 31 October 1997, from the Permanent Mission of Colombia
to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and to
the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
The Government of Colombia has taken note of the request for consultations by the Republic
of Panama concerning the European Communities' regime for the importation, sale and distribution
of bananas as established through Regulation 404/93 and the legislation implementing, supplementing
or amending that regime, including the Framework Agreement on Bananas.1
Colombia has a substantial trade interest in this matter, as a banana-producing country whose
exports to the European Union amount to 21 per cent of total non-preferential imports.
In view of this substantial trade interest, and taking into account the provisions of Article 4:11
of the Understanding on Rules and Procedures Governing the Settlement of Disputes, the Government
of Colombia requests to be joined in the consultations under Article XXII of the GATT 1994 sought
by the Republic of Panama.
1Document of 29 October 1997.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Colombia Addendum
Date: 8 May 1998
Document codes: WT/DS105/2/Add.1; WT/DS105/1
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Colombia
Addendum
The following communication, dated 4 May 1998, from the Permanent Mission of Colombia
to the Permanent Delegation of the European Commission, to the Permanent Mission of Panama and
to the Dispute Settlement Body, is circulated in Accordance with Article 4.11 of the DSU.
The Government of Colombia has taken note of the addendum submitted by Panama on
20 April 1998 to its request for consultations, document , on the EC Regime for the
importation, sale and distribution of bananas as established through Regulation 404/93, and the legislation
implementing, supplementing or amending that regime, including the Framework Agreement on Bananas
and the proposal for a Regulation amending Regulation 404/93.
As stated in our communication MPC 605/97 of 31 October 1997, Colombia has a substantial
trade interest in this matter and therefore, pursuant to Article 4:11 of the Understanding of Rules and
Procedures Government the Settlement of Disputes, asked to be joined in the consultations requested
by the Republic of Panama.
I wish to reiterate our interest in this matter, and in particular in participating in any further
meeting held pursuant to communication
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Guatemala
Date: 14 November 1997
Document codes: WT/DS105/3; WT/DS105/1
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Guatemala
The following communication, dated 7 November 1997, from the Permanent Mission of
Guatemala to the Permanent Delegation of the European Commission, the Permanent Mission of Panama
and to the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
The Government of Guatemala has taken note of the request for consultations by Panama
(document of 29 October 1997) concerning the European Communities' Regime for the
Importation, Sale and Distribution of Bananas as established through Regulation 404/93 and the legislation
which implements, supplements or amends that regime.
In view of its trade interest and taking into account the provisions of Article 6 of the Agreement
on Import Licensing Procedures, Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, and other relevant provisions, the Government of Guatemala requests to
join the consultations under Article XXII of the GATT 1994.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from the Dominican Republic
Date: 14 November 1997
Document codes: WT/DS105/4
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from the Dominican Republic
The following communication, dated 10 November 1997, from the Permanent Mission of the
Dominican Republic to the Permanent Delegationof the European Commission, the Permanent Mission
of Panama and to the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the
DSU.
Pursuant to Article 4, paragraph 11 of the WTO Understanding on Rules and Procedures
Governing the Settlement of Disputes, and Article XXII of the GATT 1994, the Government of the
Dominican Republic hereby asks to join the consultations requested by the Government of Panama
in document WT/DS/105/1, , , , of 29 October 1997 in
connection with the European Communities' Regime for the Importation, Sale and Distribution of
Bananas.
Asa non-traditionalACP supplier,the DominicanRepublic bases thisrequestonthe importance
of the banana industry to its economy.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from the Dominican Republic Addendum
Date: 8 May 1998
Document codes: WT/DS105/4/Add.1; WT/DS105/4
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from the Dominican Republic
Addendum
The following communication, dated 28 April 1998, from the Permanent Mission of the
Dominican Republic to the Permanent Delegation of the European Commission, to the Permanent Mission
of Panama and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
I refer to our communication dated 14 November 1997, circulated under symbol ,
and hereby reiterate the interest of the Government of the Dominican Republic in being joined in the
processof continuation of the consultations, requested bythe Government of Panama on 20 April 1998,
for the purpose of examining the Proposal for a Council Regulation (EC) amending Council Regulation
(EEC) No. 404/93 and the Recommendation for a Council Decision adopted by the European Commission
on 14 January 1998.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Mexico The followingcommunication, dated7 November1997,fromthe Permanent Missionof Mexico to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and to the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
Date: 14 November 1997
Document codes: WT/DS105/5
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Mexico
The followingcommunication, dated7 November1997,fromthe Permanent Missionof Mexico
to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and to
the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
On instructionfrom my authoritiesand pursuant toArticle4, paragraph 11of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU), I hereby wish to inform you
that Mexico would like to join the consultations requested by Panama with the European Union under
Article XXII of the GATT 1994 (document , , , ,
 of 29 October 1997), it being understood that there has already been a ruling which
clearly establishes the inconsistency of the European Communities' Regime for the Importation, Sale
and Distribution of Bananas with the provisions of the GATT 1994 and the GATS.
Thus, Mexico will participate in the consultations requested by Panama bearing in mind that
the ruling of the Panel and the Appellate Body cannot be reopened or the implementation of their
recommendations delayed under any circumstances not expressly provided for in the DSU.
Mexico's only interest in the consultations requested by Panama is to ascertain how the European
Communities intend to implement the mentioned ruling in full respect of Panama's rights as a Member
of the WTO.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Costa Rica
Date: 14 November 1997
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

WORLD TRADE WT/DS/105/6

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Costa Rica
The following communication, dated 10 November 1997, from the Permanent Mission of
Costa Rica to the Permanent Delegation of the European Commission, the Permanent Mission of Panama
and to the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
The Government of Costa Rica hereby requests to join the consultations sought by the
Republic of Panama concerning the European Communities' Regime for the Importation, Sale and
Distributionof Bananas as establishedthrough Regulation 404/93and the legislation whichimplements,
supplements or amends that regime, including the Framework Agreement on Bananas.1
This request is made pursuant to Article 4, paragraph 11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes. Costa Rica has a substantial trade interest in this
matter, as a banana-producing country whose exports to the European Union amount to 23.4 per cent
of total non-preferential imports.
1Document of 29 October 1997.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Honduras
Date: 14 November 1997
Document codes: WT/DS105/7
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Honduras
The following communication, dated 7 November 1997, from the Permanent Mission of Honduras
to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and to
the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
On instructionfrom my authoritiesand pursuant toArticle4, paragraph 11of the Understanding
on Rules and Procedures Governing the Settlement of Disputes (DSU), I hereby wish to inform you
that Honduras would like to join the consultations requested by Panama with the European Union under
Article XXII of the GATT 1994 (document WT/DS/105/1, , , ,
 of 29 October 1997), it being understood that there has already been a ruling which
clearly establishes the inconsistency of the European Communities'Regime for the Importation, Sale
and Distribution of Bananas with the provisions of the GATT 1994 and the GATS.
Thus, Honduras will participate in the consultations requested by Panama bearing in mind that
the ruling of the Panel and the Appellate Body cannot be reopened or the implementation of their
recommendations delayed under any circumstances not expressly provided for the in the DSU.
The only interest of Honduras in the consultations requested by Panama is to ascertain how
the European Communities intend to implement the mentioned ruling in full respect of Panama's rights
as a Member of the WTO.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Honduras Addendum
Date: 14 May 1998
Document codes: WT/DS105/7/Add.1; WT/DS105/1/Add.2
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Honduras
Addendum
The following communication, dated 6 May 1998, from the Permanent Mission of Honduras
to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and
to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
The Government of Honduras has taken note of the request for the continuation of consultations
addressed by the Government of Panama to the European Union, as circulated in document
 of 30 April 1998, on the European Communities' Regime for the Importation,
Sale and Distribution of Bananas.
By document of 14 November 1997, Honduras expressed its interest in being
joined in the consultations requested by Panama with the European Communities on 24 October 1997.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from Ecuador
Date: 18 November 1997
Document codes: WT/DS105/8
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Ecuador
The following communication, dated 11 November 1997, from the Permanent Mission of Ecuador
to the Permanent Delegation of the European Commission, the Permanent Mission of Panama and to
the Dispute Settlement Body, is circulated in accordance with Article 4:11 of the DSU.
Pursuant to Article 4, paragraph 11 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, I would hereby like to affirm Ecuador's interest in joining the consultations
requested by Panama with the European Communities to discuss the situation with respect to the latter's
regime for the importation of bananas currently in force.
As the main supplier of bananas to the European Communities, Ecuador asks to join the said
consultations, it being understood that:
(a) On 25 September 1997, the WTO Dispute Settlement Body adopted the recommendations
and conclusions of the Report of the Panel on the European Communities' Regime
for the Importation, Sale and Distribution of Bananas and the associated final report
of the Appellate Body;
(b) the consultations agreed between Panama and the European Communities in no way
alter the process of implementation of the recommendations and conclusions adopted
by the DSB on 25 September 1997; and
(c) Ecuador's purpose in participating in the consultations agreed between Panama and
the European Communities is to learn in greater detail how the European Communities
will be implementing the recommendations and conclusions adopted by the DSB on
25 September 1997, taking account of Panama's request.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: English EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from the United States
Date: 17 November 1997
Document codes: WT/DS105/9
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from the United States
The following communication, dated 10 November 1997, from the Permanent Mission of the
United States to the Permanent Delegation of the European Commission, the Permanent Mission of
Panama and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to DSU Article 4.11, the United States hereby notifies the consulting Members and
the DSB of its desire to be joined in the consultations requested by Panama regarding the European
Communities - Regime for the Implementation, Sale and Distribution of Bananas (, ,

The United States has a substantial interest in the EC’ s banana regime, especially as it affects
wholesale trade services for bananas, as cited by the recent Panel and Appellate Body reports. Service
suppliers of the United States conduct business in wholesale trade services relating to the EC banana
market on the order of hundreds of millions of US dollars per annum.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: French EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Request to Join Consultations Communication from the Côte d'Ivoire
Date: 17 November 1997
Document codes: WT/DS105/10
Complainant: Panama
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVII  Services (GATS)Art. I, II, XIII  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from the Côte d'Ivoire
The following communication, dated 10 November 1997, from the Permanent Mission of
Côte d'Ivoire to the Permanent Delegation of the European Commission, the Permanent Mission of
Panama and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
The Government of Côte d'Ivoire has taken note of the request for consultations by Panama
with the European Communities on the latter's regime for the importation, sale and distribution of
bananas as established through Regulation 404/93.
Owing to the importance of the banana trade to its economy, Côte d'Ivoire would like to join
the said consultations in accordance with Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes and Article XXII of the GATT 1994.