dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Suriname
Date: 7 December 2006
Document codes: WT/DS27/69; WT/DS27/65/Rev.1
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Suriname

 The following communication, dated 30 Novemb er 2006, from the delegation of Suriname to
the delegation of the European Communities, the de legation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 By note of 29 November 2006 from the WTO Secretariat, all Member
States of the WTO were informed that Ecuador ha d asked to engage in consultations with the
European Communities, in the framework of th e Agreement on the Settlement of Disputes on the
Community regime on the importation of bananas. However, we have been informed that Ecuador
submitted a new request for consultations under Article XXII of the GATT, which now opens the way
to participation by third parties.

 The content of the request for consultations indicates, without any doubt, that it is the
preferential regime from which the ACP banana-expor ting States benefit, with the exclusion of any
other issue, which is essentially being contested by Ecuador.

 You are well aware of the significant of this matter to the ACP Group of States and will
therefore readily appreciate our need to partic ipate in these consultati ons. In accordance with
Article 4, paragraph 11 of the Dispute Settlement Understanding, we now formally advise you of the
interest of the ACP States to participate fully, fro m the very beginning, in the consultations that could
be held between the European Communities and Ecuador.

 The Mission of the Republic of Suriname to the WTO requests that the Communities
recognize "the substantial interest" of the ACP Stat es in this matter as presented by Ecuador and look
forward to your support of our participation in these consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from St. Vincent and the Grenadines
Date: 8 December 2006
Document codes: WT/DS27/70; WT/DS27/65
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from St. Vincent and the Grenadines

 The following communication, dated 30 Nove mber 2006, from the delegation of St. Vincent
and the Grenadines to the delegation of the Europ ean Communities, the delegation of Ecuador and to
the Chairman of the Dispute Settlement Body, is ci rculated in accordance with Article 4.11 of the
DSU.

 Member States of the WTO were notified in of 20 November 2006, entitled
, Recourse to
Article 21.5 of the DSU by Ecuador , that Ecuador requested cons ultations with the European
Communities, pursuant to Article 4 of the Unders tanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Article XXIII of the GATT regarding compliance of the EC
measures with Articles I, II and XIII of the GATT 1 994. In its revised note, of
29 November 2006, Ecuador submitte d a new request superseding the former, for consultations under
Article XXII relative to consultations, indicating that it did not "intend[ed] to exclude participation by
other interested parties in the consultations".

 The content of the request for consultations indicates, without any doubt, that it is the
preferential regime from which St. Vincent and the Grenadines, as a Member of ACP banana-
exporting States benefits, which is essentially being contested by Ecuador.

 You are well aware of the significance of this matter as well as the importance of bananas to
the industries of the ACP banana-producing St ates, and the economy of St. Vincent and the
Grenadines and we thus have a substantial interest in the EC banana trade. Thus, in accordance with
Article 4.11 of the Dispute Settlement Understanding, on behalf of St. Vincent and the Grenadines, I
formally advise you of the interest of the ACP States of which my country is a member, to participate
fully in the consultations which will be held between the European Communities and Ecuador.

 I look forward to your support and approval of our formal request to participate in these
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Saint Lucia
Date: 8 December 2006
Document codes: WT/DS27/71; WT/DS27/65
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Saint Lucia

 The following communication, dated 30 November 2006, from the delegation of Saint Lucia
to the delegation of the European Communities, the delegation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Member States of the WTO were notified in of 20 November 2006, entitled
, Recourse to
Article 21.5 of the DSU by Ecuador , that Ecuador requested cons ultations with the European
Communities, pursuant to Article 4 of the Unders tanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Article XXIII of the GATT regarding compliance of the EC
measures with Articles I, II and XIII of the GATT 1 994. In its revised note, of
29 November 2006, Ecuador submitte d a new request superseding the former, for consultations under
Article XXII relative to consultations, indicating that it did not "intend[ed] to exclude participation by
other interested parties in the consultations".

 The content of the request for consultations indicates, without any doubt, that it is the
preferential regime from which Saint Lucia, as a Member of the ACP group of banana-exporting
States benefits, which is essentially being contested by Ecuador.

 You are well aware of the significance of this matter as well as the vital importance of
bananas to Saint Lucia, which consequently has a substantial interest in the EC banana trade.
Therefore, in accordance with Article 4.11 of the Dispute Settlement Understanding, I formally advise
you of Saint Lucia's interest in and desire to partic ipate fully in the consultations which will be held
between the European Communities and Ecuador.

 I look forward to your support and approval of this formal request to participate in these
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Côte d'Ivoire
Date: 8 December 2006
Document codes: WT/DS27/72; WT/DS27/65
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Côte d'Ivoire

 The following communication, dated 30 November 2006, from the delegation of Côte d'Ivoire
to the delegation of the European Communities, the delegation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 By note of 20 November 2006 from the WTO Secretariat, all WTO Members
were advised that Ecuador had requested cons ultations with the European Communities, under
Article 21.5 of the Dispute Settlement Understandi ng, on the Community regime for the importation
of bananas. We have been informed, however , that Ecuador has submitted a new request for
consultations under Article XXII of the GATT, which opens the way for participation by third parties.

 A reading of the content of the request for c onsultations shows beyond doubt that it is the
preferential regime enjoyed by the ACP banana e xporting States which is Ec uador's main point of
dispute, to the exclusion of any other issue.

 You are doubtless aware of the importance of this matter for the ACP Group of States, and
you will readily understand our need to participate in these consultations. Pursuant to Article 4.11 of
the DSU, we hereby formally inform you of the inte rest of the ACP States in participating fully, from
the outset, in any consultations to be held between the European Communities and Ecuador.

 We hope to be able to count on your support with regard to our participation in these
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Dominica
Date: 11 December 2006
Document codes: WT/DS27/73; WT/DS27/65
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Dominica

 The following communication, dated 30 November 2006, from the delegation of Dominica to
the delegation of the European Communities, the de legation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Member States of the WTO were notified in of 20 November 2006, entitled
, Recourse to
Article 21.5 of the DSU by Ecuador , that Ecuador requested cons ultations with the European
Communities, pursuant to Article 4 of the Unders tanding on Rules and Procedures Governing the
Settlement of Disputes (DSU) and Article XXIII of the GATT regarding compliance of the EC
measures with Articles I, II and XIII of the GATT 1 994. In its revised note, of
29 November 2006, Ecuador submitte d a new request superseding the former, for consultations under
Article XXII relative to consultations, indicating that it did not "intend[ed] to exclude participation by
other interested parties in the consultations".

 The content of the request for consultations indicates, without any doubt, that it is the
preferential regime from which the Commonwealth of Dominica, the Windward Islands and other
Caribbean producers, as Members of ACP banana-expor ting States benefit, which is essentially being
contested by Ecuador.

 You are well aware of the significance to th e economies of the ACP banana-producing States
and to the economy of the Commonwealth of Dominica a nd we thus have a substantial interest in the
EC banana trade. Thus, in accordance with Article 4.11 of the Dispute Settlement Understanding, on
behalf of the Commonwealth of Dominica, I formally advise you of the interest of the ACP States of
which my country is a member, to participate fully in the consultations wh ich will be held between
the European Communities and Ecuador.

 I look forward to your support and approval of our formal request to participate in these
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Cameroon
Date: 11 December 2006
Document codes: WT/DS27/74; WT/DS27/65/Rev.1
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Cameroon

 The following communication, dated 4 Decemb er 2006, from the delegation of Cameroon to
the delegation of the European Communities, the de legation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 By note of 29 November 2006 from the WTO Secretariat, all Member
States of the WTO were informed that Ecuador ha d asked to engage in consultations with the
European Communities, in the fra mework of Article 21.5 of the Agreement on the Settlement of
Disputes on the Community regime on the importation of bananas. However, we have been informed
that Ecuador submitted a new request for consulta tions under Article XXII of the GATT, which now
opens the way to participation by third parties.

 The content of the request for consultations indicates, without any doubt, that it is the
preferential regime from which the ACP banana-expor ting States benefits, with the exclusion of any
issue, which is essentially being contested by Ecuador.

 You are well aware of the significance of this matter to the ACP Group of States and will
therefore readily appreciate our need to partic ipate in these consultati ons. In accordance with
Article 4, paragraph 11 of the DSU, we now forma lly advise you of the interest of Cameroon and the
ACP States to participate fully, from the very begi nning, in the consultations which could be held
between the European Communities and Ecuador.

 We request that the Communities recognize "the s ubstantial interest" of the ACP States in this
matter as presented by Ecuador and look forwar d to your support of our participation in these
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Jamaica
Date: 11 December 2006
Document codes: WT/DS27/75
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Jamaica

 The following communication, dated 6 December 2006, from the delegation of Jamaica to the
delegation of the European Communities, the dele gation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Upon instructions from my authorities, I here by convey the request of the Government of
Jamaica to be joined in the consultations betw een the European Communities (EC) and Ecuador, in
accordance with Article 4.11 of the Dispute Settle ment Understanding (DSU), and pursuant to the
communication from the delegation of Ecuador to the delegation of the European Communities and to
the Chairman of the Dispute Settlement Body, entitled " " and which was circulated as document
 on 29 November 2006.

 As you are aware, the aforementioned communication, inter alia, requests consultations with
the European Communities pursuan t to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) and Article XXII of the GATT, regarding the
compliance with Articles I, II and XIII of the GATT 1994, of measures taken by the European
Communities (EC) to comply with the recommendations and rulings of ("Bananas III").

 In light of the substantial trade interest of Jamaica as an ACP supplier of bananas to the EC
market, I hereby wish to convey to the European Co mmunities the desire of Jamaica to be joined as a
third party in the consultations between the European Communities and Ecuador.

 Jamaica anticipates your favourab le response to this request.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from the United States
Date: 13 December 2006
Document codes: WT/DS27/76
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from the United States

 The following communication, dated 11 December 2006, from the delegation of the
United States to the delegation of the European Communities, the delegation of Ecuador and to the
Chairman of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This concerns the request for consulta tions by the Government of Ecuador on European
Communities – Regime for the Importation, Sa le, and Distribution of Bananas: Recourse to
Article 21.5 of the DSU by Ecuador , circulated on 29 November 2006 (). My
authorities have instructed me to notify the c onsulting Members and the Dispute Settlement Body
("DSB") of the desire of the United States to be join ed in these consultations, pursuant to Article 4.11
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

The United States has a substantial trade interest in these consultations. The United States
was a complaining party in the dispute resulting in the DSB recommendations and rulings that are at
issue in these consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Request to Join Consultations Communication from Panama
Date: 14 December 2006
Document codes: WT/DS27/77
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Request to Join Consultations

Communication from Panama

 The following communication, dated 11 Decemb er 2006, from the delegation of Panama to
the delegation of the European Communities, the de legation of Ecuador and to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 The Government of Panama takes note of th e revised request for consultations made by
Ecuador on 28 November 2006 in the matter of – Recourse to Article 21.5 of the DSU by Ecuador
(). Given Panama's "principal su pplying interest" in the export of bananas to the
EC market, Panama hereby requests to join in the consultations pursuant to paragraphs 10 and 11 of
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

 Bananas are Panama's single most important agricultural crop, representing nearly 16% of its
agricultural output and 58% of its total agricultural exports. Nearly all of Panama's banana exports
are shipped to the EC market. Its banana sector is one of Panama's mo st important sources of
employment, especially in the poorest rural regions of the country.

 On 19 January 2006, without prejudice to all le gal rights and interests, Panama participated
with Honduras and Nicaragua in c onsultations with the EC under the authority of Article 21.5 to
discuss the EC's discriminatory banana measures. At that time, and in other exchanges since then, the
EC made clear that it is not prepared to do anything more than "monitor" its current access
arrangement.

 Panama accordingly continues to have a strong interest in participating as fully as possible in
the Article 21.5 consultation and review process, an d in seeking a resolution of this disagreement on
the promptest possible basis.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Acceptance by the European Communities of the Requests to Join Consultations Belize, Cameroon, Colombia, Côte d'Ivoire , Dominica, the Domini can Republic, Jamaica, Panama, Saint Lucia, St. Vincent and the Grenadin es, Suriname and the United States notified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by Ecuador,
Date: 18 December 2006
Document codes: WT/DS27/78
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Acceptance by the European Communities of the Requests to Join Consultations

 Belize, Cameroon, Colombia, Côte d'Ivoire , Dominica, the Domini can Republic, Jamaica,
Panama, Saint Lucia, St. Vincent and the Grenadin es, Suriname and the United States notified the
Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by Ecuador,
pursuant to Article 4.11 of the DSU.

 The delegation of the European Communiti es informed the DSB that it had accepted the
requests of Belize, Cameroon, Colombia, Côte d'I voire, Dominica, the Dominican Republic, Jamaica,
Panama, Saint Lucia, St. Vincent and the Grenadin es, Suriname and the United States to join the
consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Communication from Nicaragua
Date: 1 February 2007
Document codes: WT/DS27/79; WT/DS27/65/Rev.1
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Communication from Nicaragua

 The following communication, dated 29 January 2007, from the delegation of Nicaragua to
the Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 The Government of Nicaragua takes note of th e consultations now pending at the request of
the Government of Ecuador in the matter – Recourse to Article 21.5 of the DSU by Ecuador ().

 Pursuant to an earlier consultation request on the same matter (,
WT/L/607/Add.18), Nicaragua on 19 January 2006 al ready participated in Article 21.5 consultations
with the European Communities ("EC") regardi ng the compliance of the EC's current banana
measures, authorized under EC Council Regulati on No. 1964/2005 and all associated implementing
regulations, with the EC's WTO obligations. T hose prior consultations, and various informal
exchanges since then, have failed to resolve the dispute.

 The absence of a solution to this dispute m eans that Nicaragua's banana industry, which
provides thousands of jobs for the country's large rural population, continues to have no prospect of
entering the EC banana market.

 My authorities have accordingly instructed me to communicate Nicaragua's continuing
"substantial trade interest" in this matter, and continuing position that any efforts to resolve this matter
must involve the direct participation of Nicar agua and redress the specific compliance concerns
Nicaragua has raised.

 If a prompt and full resolution of this disput e is not found, as called for under Article 21 of
the DSU, Nicaragua will need to pursue whatever further legal proceedings are necessary, including
all appropriate steps to protect its substantial trade interest under DSU Article 21.5.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by Ecuador Constitution of the Panel
Date: 18 June 2007
Document codes: WT/DS27/82; WT/DS27/80.; WT/DS27/80
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by Ecuador

Constitution of the Panel

 At its meeting on 20 March 2007, the Disput e Settlement Body (DSB) decided, in accordance
with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised by Ecuador in
document

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by Ecuador in document , the ma tter referred to the DSB by Ecuador 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 5 June 2007, Ecuador requested the Direct or-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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e 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 15 June 2007, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr
 Christian Häberli

 Members: Mr Kym Anderson
 Mr Yuqing Zhang

5. Belize, Brazil, Cameroon, Colombia, Côte d'Ivoire, Dominica, the Dominican Republic,
Ghana, Jamaica, Japan, Madagascar, Nicaragua, Pa nama, St. Lucia, St. Vincent & the Grenadines,
Suriname and the United States reserved their th ird-party rights to participate in the Panel's
proceedings.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by the United States Constitution of the Panel Note by the Secretariat
Date: 13 August 2007
Document codes: WT/DS27/84; WT/DS27/83.; WT/DS27/83
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by the United States

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 12 July 2007, the Dispute Se ttlement Body (DSB) d ecided, in accordance
with Article 21.5 of the Dispute Settlement Understa nding (DSU), to refer to the original Panel, if
possible, the matter raised by the United States in document
2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 3 August 2007, the United States 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e 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 13 August 2007, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr
 Christian Häberli

 Members: Mr Kym Anderson
 Mr Yuqing Zhang

5. Belize, Brazil, Cameroon, Colombia, Côte d'Ivoire, the Dominican Republic, Ecuador,
Jamaica, Japan, Mexico, Nicaragua, Panama and Suriname reserved their third-party rights to
participate in the Panel's proceedings.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by the United States Constitution of the Panel Note by the Secretariat Revision1
Date: 5 September 2007
Document codes: WT/DS27/84/Rev.1; WT/DS27/83.; WT/DS27/83
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by the United States

Constitution of the Panel

Note by the Secretariat

Revision1

1. At its meeting on 12 July 2007, the Dispute Se ttlement Body (DSB) d ecided, in accordance
with Article 21.5 of the Dispute Settlement Understa nding (DSU), to refer to the original Panel, if
possible, the matter raised by the United States in document
2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 3 August 2007, the United States 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e 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."

1 The revision concerns the number of third parties.

4. On 13 August 2007, the Director-General accordingly composed the Panel as follows:

Chairperson: Mr
 Christian Häberli

 Members: Mr Kym Anderson
 Mr Yuqing Zhang

5. Belize, Brazil, Cameroon, Colombia, Côte d'Ivoire, Dominica, the Dominican Republic,
Ecuador, Jamaica, Japan, Mexico, Nicaragua, Panama , Saint Lucia, Saint Vincent and the Grenadines
and Suriname reserved their third-party rights to participate in the Panel's proceedings.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Second Recourse to Article 21.5 of the DSU by Ecuador Communication from the Chairman of the Panel
Date: 10 December 2007
Document codes: WT/DS27/85
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Second Recourse to Article 21.5 of the DSU by Ecuador

Communication from the Chairman of the Panel

 The following communication, dated 5 December 2007, addressed to the Chairman of the
Dispute Settlement Body, is circulated in accord ance with Article 21.5 of the Dispute Settlement
Understanding.

 Article 21.5 of the DSU stipulates that a panel established under that provision shall circulate
its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further stipulates that when a panel considers that it cannot provide
its report within that timeframe, it shall inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.

 On 20 March 2007, the DSB agreed to refer the dispute : Recourse to Article 21.5 of the DSU by Ecuador
(WT/DS27) to the original Panel, if possible. On 5 June 2007, Ecuador requested the
Director-General to determine the composition of the Panel, pursuant to para graph 7 of Article 8 of
the DSU. On 15 June 2007, the Director-General composed the Panel.

 The Panel expects to issue its final report to the parties in December 2007, as envisaged in the
timetable adopted after consultations with the parti es. Following translation, the final report of the
Panel is expected to be circulated to WTO Members in February 2008.

 The Panel takes the opportunity to note that, on 12 July 2007, the DSB agreed to refer the
related dispute : Recourse to Article 21.5 of the DSU by the United States (WT/DS27) to the original Panel,
if possible. That panel was composed on 13 August 2007 with the same panelists. Despite the Panel's
best efforts, it has not been possible to harmonize the timetables for the processes in both disputes, but
in the Panel's view, the timetable adopted after ha ving consulted the parties, respects the requirement
of due process and accords equal treatment to all parties.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by the United States Communication from the Chairman of the Panel
Date: 22 February 2008
Document codes: WT/DS27/86
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by the United States

Communication from the Chairman of the Panel

 The following communication, dated 21 February 2008, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 21.5 of the DSU stipulates that a panel established under that provision shall circulate
its report within 90 days after the date of referral of the matter to it.

 Article 21.5 of the DSU further stipulates that when a panel considers that it cannot provide
its report within that timeframe, it shall inform the DSB in writing of the reasons for the delay
together with an estimate of the period within which it will issue its report.

 On 12 July 2007, the DSB agreed to refer the dispute : Recourse to Article 21.5 of the DSU by the
United States (WT/DS27) to the original Panel, if possible. On 3 August 2007, the United States
requested the Director-General to determine the composition of the Pa nel, pursuant to paragraph 7 of
Article 8 of the DSU. On 13 August 2007, the Director-General composed the Panel.

 The Panel takes the opportunity to note that, on 20 March 2007, the DSB had agreed to refer
the related dispute : Second Recourse to Artic le 21.5 of the DSU by Ecuador (WT/DS27) to the original Panel,
if possible. That panel was composed on 15 June 2007 with the same panelis ts. Despite the Panel's
best efforts, it was not possible to harmonize th e timetables for the processes in both disputes.
However, in the Panel's view, the timetable in this dispute, adopted after having consulted the parties,
respects the requirement of due process and accords equal treatment to all parties.

 The Panel expects to issue its final report to th e parties no later than the end of the first week
of March 2008.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by the United States Notification of an Appeal by the European Communities under Article 16.4 and Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), and under Rule 20(1) of the Working Procedures for Appellate Review
Date: 29 August 2008
Document codes: WT/DS27/90
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS

Recourse to Article 21.5 of the DSU by the United States

Notification of an Appeal by the European Communities
under Article 16.4 and Article 17 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU),
and under Rule 20(1) of the Working Procedures for Appellate Review

 The following notification, dated 28 August 2008, from the Delegation of the European
Commission, is being circulated to Members.

Procedures for Appellate Review, the European Communities submits its Notice of Appeal on
certain issues of law and certain legal interpre tations developed by the Panel in the Report on
European Communities' regime for the importation, sale and distribution of bananas –
Recourse to Article 21.5 of the DSU by the United States of America.
1

2. The European Communities seeks review by th e Appellate Body of the following issues of
law and legal interpretations in the Report of the Panel:

(a) The Panel's erroneous interpretation and application of Article 9.3 of the DSU;
(b) the Panel's erroneous finding that the ba nana import regime that the European
Communities had in place between January 1, 2006 and December 31, 2007 was a
"measure taken to comply" with the ru lings and recommendations adopted by the
DSB in 1997;
(c) the Panel’s erroneous findings concerning the legal effects of the Understanding on
Bananas signed by the United States and the European Communities in 2001;
(d) the Panel's erroneous interpretation and app lication of the principle of good faith in
WTO law;
(e) the Panel’s erroneous interpretation of Ar ticle XIII of the GATT and its erroneous
finding of a violation of that provision;

1 WT/DS27/RW/USA circulated on 19 May 2008.

(f) the Panel's erroneous finding that the United States suffered "nullification or
impairment" as a result of the banana impor t regime that the European Communities
had in place between January 1, 2006 and December 31, 2007;
(g) the Panel's failure to take into consideration the repeal of the contested measure.