dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Jamaica
Date: 9 September 1998
Document codes: WT/DS27/22
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Jamaica
The following communication, dated 8 September 1998, from the Permanent Mission of
Jamaica to the Chairman of the Dispute Settlement Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
The Permanent Mission of Jamaica to the World Trade Organisation presents its compliments
to the Permanent Delegation of the European Communities to the World Trade Organisation and
hereby informs it that the Government of Jamaica takes note of the request of the Governments of
Ecuador, the United States, Guatemala, Honduras and Mexico, as circulated in document
 of 31 August 1998, for the holding of consultations with the European Communities on
its compliance with the recommendations and rulings in . The decision of the Arbitrator, Dr. El-Naggar
provides for a reasonable period of time until 1 January 1999 for the EC to comply with the DSB
rulings and recommendations.
The Permanent Mission of Jamaica is informed that the amendments to Regulation (EEC)
No. 404/93 on the common organization of the market on bananas as a consequence of the adoption
of Council Regulation (EC) No. 1637/98 of 20 July 1998 does not include provisions on the
distribution of licenses. In short the EC has not yet completed the incorporation of all measures in its
regulations which could constitute the basis for any assessment as to compliance or conformity. The
request for consultations by the five members in question is at best premature.
The Permanent Mission of Jamaica, notwithstanding and in light of its significant and
substantial interest in the matter, evidenced by its participation along with Members of the African,
Caribbean and Pacific Group of Countries as Third Parties in the adjudication by each of the panels
established by the GATT and WTO, requests to be joined in these consultations. This request is
without prejudice to the validity of the arguments adduced as set out in WT/DS27/18 which remain to
be decided by the DSB.
The Permanent Mission of Jamaica to the World Trade Organisation avails itself of this
opportunity to renew to the Permanent Delegation of the European Communities to the World Trade
Organisation, the assurances of its highest consideration.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Costa Rica
Date: 9 September 1998
Document codes: WT/DS27/23; WT/DS27/18
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Costa Rica
The following communication, dated 9 September 1998, from the Permanent Mission of
Costa Rica to the Permanent Missions of the Eur opean Community, Ecuador, Honduras, Mexico and
the United States of America and to the Chairman of the Dispute Settlement Body is circulated
pursuant to the procedure provided for under Article 21.5 of the DSU.
In a communication dated 18 August 1998 and distributed on 31 August 1998 under the
symbol , the Permanent Missions of Ec uador, the United States, Guatemala, Honduras
and Mexico requested the holding of consultations with the European Community on compliance with
the conclusions and recommendations of the Dispute Settlement Body in European Communities -
Regime for the Importation, Sale and Distribution of Bananas (WT/DS27).
Pursuant to the Understanding on Rules and Procedures Governing the Settlement of
Disputes, in particular with Article 4 thereof, and on the basis of its substantial trade interest as one of
the main suppliers of bananas in the European Community market, the Government of Costa Rica
notifies its desire to be joined in the said consultations as a third party.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Colombia
Date: 9 September 1998
Document codes: WT/DS27/24
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Colombia
The following communication, dated 9 September 1998, from the Permanent Mission of
Colombia to the Permanent Delegation of the Eur opean Commission is circulated pursuant to the
procedure provided for under Article 21.5 of the DSU.
The Government of Colombia takes note of the request of Ecuador, the United States,
Guatemala, Honduras and Mexico for consultations concerning the amendments to Regulation 404/93
adopted by the Council of Agriculture Ministers on 26 June 1998 and published on 28 July 1998 in
the EC Official Journal (EC 1637/98).
As a major banana producer whose exports to the European Union during the period 1995 to
1997 exceeded 23 per cent of total non-preferential imports, Colombia has a substantial trade interest
in this matter.
In view of this substantial trade interest and bearing in mind that Article 21 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) contains no
special provisions concerning the participation of third parties, the Government of Colombia, pursuant
to Article XXII of the GATT and paragraph 4.11 of the DSU, requests to be joined in the
above-mentioned consultation procedures.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Brazil
Date: 14 September 1998
Document codes: WT/DS27/25
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Brazil
The following communication, dated 14 September 1998, from the Permanent Mission of
Brazil to the Permanent Delegation of the Europ ean Community, is circulated pursuant to the
procedure provided for under Article 21.5 of the DSU.
I wish to inform you that Brazil, due to its substantial trade interest, wishes to join in the
consultations requested by the Government of Ecuador, the United States, Guatemala, Honduras and
Mexico, to examine compliance with the recommendations and rulings of the panel: .
As this delegation pointed out in the last DSB meeting, Brazil has become the second largest
producer of bananas and any decision on the distribution of shares in the Community quota regime is
of significant interest to Brazilian exporters.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Dominica
Date: 17 September 1998
Document codes: WT/DS27/27
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Dominica
The following communication, dated 10 September 1998, from the Permanent Representative
to the WTO for the Commonwealth of Dominica to the Permanent Delegation of the European
Commission, the Permanent Missions of Ecuador, Guatemala, Honduras, Mexico and the
United States and to the Dispute Settlement Body, is circulated pursuant to the procedure provided for
under Article 21.5 of the DSU.
I refer to the request for consultations by Ecuador, Mexico, Guatemala, Honduras and the
United States, circulated by the (WTO) in its note WTO/DS27/18, dated
31 August 1998.
Exports of bananas from Dominica account for some 75 per cent of total exports, all of which
are marketed within the European Union. Moreover, the production and marketing of bananas
provide the main source of employment for the population and an income for most households. Any
disruption in that trade would have serious consequences, not only for the economy of the country,
but also for social stability.
In the light of the importance of banana exports to the economy and social cohesion of
Dominica and the resulting substantial interest which the country has in the European Union's regime
for the import, sale and distribution of bananas, the Government of the Commonwealth of Dominica
requests participation in the consultations requested for by the countries mentioned above.
I would be grateful if I could be given an early response to Dominica's request for
participation in these consultations.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Côte d'Ivoire
Date: 14 September 1998
Document codes: WT/DS27/28
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Côte d'Ivoire
The following communication, dated 9 September 1998, from the Permanent Mission of
Côte d'Ivoire to the Permanent Delegation of the European Commission is circulated pursuant to the
procedure provided for under Article 21.5 of the DSU.
The Government of the Republic of Côte d'Ivoire has taken note of the request for
consultations addressed by Ecuador, Guatemala, Honduras, Mexico and the United States to the
European Community concerning EC Council Regulation No. 1637/98 of 20 July 1998 on the
Community regime for bananas, dated 31 August 1998 and communicated to WTO Members in
accordance with Article 4.11 of the Dispute Settlement Understanding.
In view of the importance of bananas for its economy, Côte d'Ivoire wishes to participate in
the above-mentioned consultations pursuant to Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes and Article XXII of GATT 1994.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request to Join Consultations Communication from Cameroon
Date: 1 October 1998
Document codes: WT/DS27/29
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request to Join Consultations
Communication from Cameroon
The following communication, dated 14 September 1998, from the Permanent Mission of
Cameroon to the Permanent Delegation of the European Commission and to the Dispute Settlement
Body, is circulated pursuant to the procedure provided for under Article 21.5 of the DSU.
The Permanent Mission of Cameroon to the presents its
compliments to the Permanent Delegation of th e European Communities to the and has the honour to inform it that the Government of Cameroon has taken note of the
request by Ecuador, the United States, Guatemal a, Honduras and Mexico, in document
of 31 August 1998, for consultations with the European Communities on the regime for bananas.
In view of the interest that bananas represent for the country's economy, the Permanent
Mission of Cameroon to the WTO would like to participate in all stages of any consultations that take
place, as in the case of the previous panels organized under the GATT and the WTO.
This request supplements the request submitted by Jamaica, as coordinator, on behalf of the
ACP member countries, in note No. 602/3, cc 550/12/3 of 9 September 1998.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Communication by Ecuador Addendum
Date: 27 November 1998
Document codes: WT/DS27/30/Add.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
Communication by Ecuador
Addendum
The following communication, dated 20 November 1998, from the Permanent Mission of
Ecuador to the Permanent Delegation of the European Commission and the Chairman of the Dispute
Settlement Body, is circulated pursuant to the DSU.
I refer to your communication of 18 November 1998 confirming the willingness of the
European Communities to reactivate, on 23 November 1998, the consultations of 17 September 1998
requested by Ecuador, with a view to concluding the discussion of the subjects which were not
addressed by the EC on that occasion.
In Ecuador's view, the EC's interpretation of the legal framework in which the meeting of
23 November will be taking place should incl ude a reference to paragraph 4.8 of the DSU in
accordance with the oral statements made by the EC delegation on the subject. However, Ecuador
repeats what it said in its original request for consultations of 18 August 1998, namely that these
consultations are not necessary and that, without prejudice to its rights under Article 21.5 of the DSU,
it is requesting consultations with a view to ensuring that the process moves ahead without delay.
Ecuador is not opposed to the participation in the consultations of any WTO Member that has
a substantial trade interest. Ecuador confirms that it will attend the consultations on Monday,
23 November on the understanding that they will be held under the same terms as those which began
on 17 September 1998.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Côte d'Ivoire Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/31
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Côte d'Ivoire Regarding Consultations by Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of
Côte d'Ivoire to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
The Government of Côte d'Ivoire has taken not e of Ecuador's request to the European Union
for consultations concerning the bananas case.
In this connection it would like to reserve its third-party rights to participate in the said
consultations, scheduled to take place on Monday, 23 November 1998.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by the Dominican Republic Regarding Consultations by Ecuador
Date: 27 November 1998
Document codes: WT/DS27/32; WT/DS27/30
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by the Dominican Republic Regarding Consultations by Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of the
Dominican Republic to the Permanent Delegation of the European Commission, the Permanent
Mission of Ecuador and to the Chairman of the Dispute Settlement Body, is circulated pursuant to the
procedure provided for under Article 21.5 of the DSU.
The Government of the Dominican Republic has taken note of the request by the Government
of Ecuador, circulated in document of 16 November 1998, for the holding of
consultations concerning European Council Regulations Nos. 1637/98 and 2362/98 on the European
Community regime for the importation, sale and distribution of bananas.
Given the importance of trade in bananas for its economy and in view of its substantial trade
interest, the Dominican Republic, pursuant to Article XXII of the GATT and Article 4, paragraph 11
of the Dispute Settlement Understanding, would like to be joined in the consultations requested by the
Government of Ecuador.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Mexico Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/33
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Mexico Regarding Consultations by Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of
Mexico to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
I refer to the communication of 13 November 1998 from the Permanent Mission of Ecuador
to the Representation of the European Communities requesting the reactivation of the consultations
begun on 17 September 1998. Since Mexico participated in these consultations, it hereby also
requests that they be reactivated. In this connection, Mexico also asks that the meeting scheduled for
the resumption of the consultations should be the same as that scheduled to take place between the
European Communities and Ecuador.
It should be noted that this is not a new procedure, and that the request is made without
prejudice to our position according to which Article 21.5 of the DSU does not require the holding of
consultations as a condition for convening the panel to examine the conformity of the new
Community regime for the importation of bananas with the recommendations of the Panel and
Appellate Body that examined the Community's regime for the importation of bananas contained in
Regulation (EEC) No. 404/93, and with the relevant WTO Agreements.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by the Commonwealth of Dominica Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/34
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by the Commonwealth of Dominica Regarding Consultations by Ecuador
The following communication, dated 19 November 1998, from the Commonwealth of
Dominica to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
I refer to the request for consultation in conn ection with the implementation of the European
Union's banana regime, contained in your letter of 12 November, 1998 to the Permanent delegation of
the European Commission.
As you know the interest of the Commonwealth of Dominica in the EU's banana regime and,
therefore, in the implementation of recommendations and rulings of the Dispute Settlement Body
affecting the regime, is quite substantial.
As was the case in respect of the earlier consultations that took place on 17 September, the
Government of Dominica therefore wishes to participate in the consultations on 23 November and
waves its rights concerning the period of notice to be given for consultations.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Belize Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/35
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Belize Regarding Consultations by Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of
Belize to the Permanent Delegation of the European Commission, the Permanent Mission of Ecuador
and to the Chairman of the Dispute Settlement Body, is circulated pursuant to the procedure provided
for under Article 21.5 of the DSU.
The Mission of Belize to the European Communities and Permanent Mission to the presents its compliments to the Permanent Delegation of the European
Communities to the and makes reference to the request from the
Government of Ecuador, as circulated in document of 16 November 1998, for the
reactivation of consultations with the European Communities on its compliance with the
recommendations and rulings of the Dispute Settlement Body in .
Given its substantial interest in the measures being adopted by the European Communities in
respect of its banana regime as evidenced by Belize's participation along with Members of the
African, Caribbean and Pacific Group of countries as Third Parties in the previous panels established
under GATT and the WTO, the Government of Belize hereby requests to be joined in the
consultations.
The Mission of Belize to the European Communities and Permanent Mission to the avails of the opportunity to renew to the Permanent Delegation of the European
Communities to the the assurances of its highest consideration.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Costa Rica Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/36
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Costa Rica Regarding Consultations by Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of
Costa Rica to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
In a communication dated 13 November 1998, Ecuador requested the European Communities
to hold consultations on compliance with the conclusions and recommendations of the Dispute
Settlement Body in the case (WT/DS/27).
Pursuant to the Understanding on Rules and Procedures Governing the Settlement of
Disputes, in particular Article 4 thereof, and on the basis of Costa Rica's substantial trade interest as
one of the main suppliers of Bananas to the European Community Market, the Government of
Costa Rica hereby notifies its desire to be joined in the said consultations as a third party.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Panama Regarding Consultations with Ecuador
Date: 27 November 1998
Document codes: WT/DS27/37
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Panama Regarding Consultations with Ecuador
The following communication, dated 20 November 1998, from the Permanent Mission of
Panama to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
The Permanent Mission of Panama to the presents its compliments
to the Permanent Delegation of the European Commission to the and refers
to the Request to Reactivate Consultations of 17 September 1998 by Ecuador, circulated to Members
by the WTO Secretariat in document dated 16 November 1998.
At the same time, it refers to its note M PP-OMC-155-98 to the Permanent Delegation of the
European Commission in which it expressed Panama's desire to be joined in the mentioned
consultations. Panama still considers that the measures adopted by the European Communities affect
its trade interests as a substantial supplier of bananas to the European Communities. This Mission
would therefore like to express its view that Panama should, and indeed must, continue to be
associated with the consultations.
We respectfully request the Permanent Delegation of the European Commission to the WTO
to let us know its position with respect to Panama's participation in the consultations requested by
Ecuador.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF.BANANAS
Document: Request by Brazil Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/38
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF.BANANAS
Request by Brazil Regarding Consultations by Ecuador
The following communication, dated 19 November 1998, from the Permanent Mission of
Brazil to the Permanent Delegation of the European Commission, the Permanent Mission of Ecuador
and to the Chairman of the Dispute Settlement Body, is circulated pursuant to the procedure provided
for under Article 21.5 of the DSU.
I wish to inform you that Brazil, due to its substantial trade interest, wishes to join in the
consultations requested by the Government of Ecuador (see document WT//DS27/30) to examine
compliance with the recommendations and rulings of the DSB concerning the case European
Communities - Regime for the Importation, Sale and Distribution of Bananas.
Brazil has become the second largest producer of bananas and any decision taken by the EC
concerning licensing and quota allocation for bananas is of significant interest to Brazilian exporters.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request by Jamaica Regarding Consultations by Ecuador
Date: 26 November 1998
Document codes: WT/DS27/39
Complainant: Ecuador, Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Third parties: Belize, Cameroon, Canada, Colombia, Costa Rica, Dominica, Dominican, Ghana, Grenada, India, Jamaica, Japan, Mauritius, Nicaragua, Panama, Philippines, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Suriname, Venezuela, Côte d’Ivoire, Brazil, Madagascar
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, II, III, X, XI, XIII  GATT 1994Art. 1, 3  Import LicensingArt. II, XVI, XVII  Services (GATS)Art. 2  Trade-Related Investment Measures (TRIMs)Art. 19  Agriculture

EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Request by Jamaica Regarding Consultations by Ecuador
The following communication, dated 23 November 1998, from the Permanent Mission of
Jamaica to the Permanent Delegation of the European Commission, the Permanent Mission of
Ecuador and to the Chairman of the Dispute Settleme nt Body, is circulated pursuant to the procedure
provided for under Article 21.5 of the DSU.
The Permanent Mission of Jamaica to the presents its compliments
to the Permanent Delegation of the European Commission to the WTO and hereby informs that the
Government of Jamaica takes note of the request of the Government of Ecuador (as indicated in their
letter of 13 November 1998 and in WTO document of 16 November 1998) for the
holding of consultations with the European Communities.
The Permanent Mission of Jamaica, notwithstanding and in light of its significant and
substantial interest in the matter, evidenced by its participation along with Members of the ACP as
Third Parties in the adjudication of each of the panels established by GATT and the WTO and in
previous consultations held 17 September 1998, requests to be joined in these consultations.
This request is without prejudice to the validity of the arguments adduced as set out in
 which remain to be decided by the DSB.
The Permanent Mission of Jamaica to the avails itself of this
opportunity to renew to the Permanent Delegation of the European Commission to the WTO, the
assurances of its highest consideration.
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 Note by the Secretariat
Date: 18 January 1999
Document codes: WT/DS27/44; WT/DS27/41.; WT/DS27/41
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
Note by the Secretariat
1. At its meeting on 12 January 1999, the Dispute Settlement Body (DSB) decided, in
accordance with Article 21.5 of the DSU, to refer to the original panel the matter raised by Ecuador in
document
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited by
Ecuador in document , the matter 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. The Panel is composed as follows:
Chairman: Mr. Stuart Harbinson
Members: Mr. Kym Anderson
Mr. Christian Häberli
4. At the DSB meeting, the following Members reserved their third party rights: Colombia,
Costa Rica, Côte D'Ivoire, Dominica, Dominican Republic, Mauritius, Nicaragua, St.Lucia and
St Vincent and the Grenadines.
5. Any other Member which wishes to reserve its third party rights in this proceeding shall
notify the Secretariat within 10 days of the DSB meeting, i.e. by 22 January 1999.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21.5 of the DSU by the European Communities Constitution of the Panel Note by the Secretariat
Date: 18 January 1999
Document codes: WT/DS27/45; WT/DS27/40.; WT/DS27/40
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 European Communities
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 12 January 1999, the Dispute Settlement Body (DSB) decided, in
accordance with Article 21.5 of the DSU, to refer to the original panel the matter raised by the
European Communities in document
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited by the
European Communities in document , the matter referred to the DSB by the
European Communities 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. The Panel is composed as follows:
Chairman: Mr. Stuart Harbinson
Members: Mr. Kym Anderson
Mr. Christian Häberli
4. At the DSB meeting, the following Members reserved their third party rights: Colombia,
Costa Rica, Côte D'Ivoire, Dominica, Dominican Republic, India, Mauritius, Nicaragua, St.Lucia and
St Vincent and the Grenadines.
5. Any other Member which wishes to reserve its third party rights in this proceeding shall
notify the Secretariat within 10 days of the DSB meeting, i.e. by 22 January 1999.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Arbitration under Article 22.6 of the DSU Communication from the Arbitrators
Date: 2 March 1999
Document codes: WT/DS27/48
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
Arbitration under Article 22.6 of the DSU
Communication from the Arbitrators
The following communication, dated 2 March 1999, from the Chairman of the Arbitrators,
Mr. Stuart Harbinson, to the Chairman of the Dispute Settlement Body, is circulated in accordance
with the request of the Arbitrators.
On 29 January 1999, the Dispute Settlement Body decided to submit the above matter to the
arbitration of the original panel in accordance with Article 22.6 of the DSU.
I write to inform you that the Arbitrators have today issued an initial decision to the parties in
which we rule on matters related to the scope of our work and to certain aspects of the methodology
and calculations of the United States for determining the level of suspension of concessions. In
addition, we have requested the parties to supply us with additional information. This information
should enable us to take a final view on the level of nullification or impairment based on the WTO
inconsistency, if any, of the revised EC banana regime, and, if relevant, to determine the level of
suspension of concessions or other obligations equivalent to the level of such nullification or
impairment. Following our receipt and analysis of that information, we expect to be in a position to
issue a final decision in this matter soon thereafter.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Communication from Ecuador
Date: 29 April 1999
Document codes: WT/DS27/50
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
Communication from Ecuador
The following communication, dated 23 April 1999, from the Permanent Mission of Ecuador
to the Chairman of the Dispute Settlement Body, is circulated pursuant to the request of that
delegation.
On 18 December 1998, Ecuador requested the DSB to reconvene the original panel -
European Communities- Regime for the Importation, Distribution and Sales of Bananas - in
accordance with Article 21.5 of the DSU to examine the implementation of the DSB
recommendations in the light o the General Agr eement on Tariffs and Trade (GATT), the General
Agreement on Trade in Services(GATS), and the Agreement on Import Licensing Procedures
(). The DSB, at its special meeting on 12 January 1999, established a panel with the
original panel members.
Consequently, Ecuador now requests to convene a DSB meeting on 5 May 1999 to adopt the
above-mentioned report contained in document
Ecuador is a developing country whose people and economy are significantly dependent upon
banana trade and thus on fair opportunities to participate in foreign markets such as the EC. In light
of the extremely attenuated history of this dispute, the EC's failure to implement the original Panel
and Appellate Body Reports in a fashion consistent with the GATT and the GATS, and the
consequent grave and continuing harm done to Ecuador, Ecuador believes that the EC should be
prepared to describe at the requested special meeting of the DSB the specific, substantive, and
immediate changes it will make in its regime in or der finally to come into compliance with the WTO
Agreements. In this regard, Ecuador recalls that the EC committed to comply immediately in the
event of a finding against its regime in a proceeding under Article 21.5 of the DSU. Finally, Ecuador
notes that it will shortly make a formal request to the EC, which Ecuador will provide to the Chairman
of the DSB, to enter into negotiations with a view to a prompt agreement on compensation to Ecuador
from 1 January 1999, the date by which the EC was to have complied.
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Recourse to Article 21:5 DSU by Ecuador Status Report by the European Communities
Date: 15 July 1999
Document codes: WT/DS27/51
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 DSU by Ecuador
Status Report by the European Communities
The following communication, dated 15 July 1999, from the Permanent Delegation of the
European Commission to the Chairman of the Disput e Settlement Body, is circulated pursuant to the
DSU.
In the light of Article 22.8 of the DSU, the Community wishes to report on the status of the
implementation of the recommendations of the Panel established at the request of Ecuador on the
Community banana regime.
As we have already informed this Body, the Community is studying several possible options
for the amendment of its banana regime. Those options include the possibility of a tariff-only regime
with a substantial preference for bananas of ACP origin, the possibility of the maintenance of the two
current MFN tariff quotas, together with unlimited preference for ACP bananas, and the possibility of
maintaining the current MFN quotas and opening a further quota with a more substantial preference
for ACP bananas. If the option finally chosen involved quotas, we note that the panel mentioned that
auctioning was a method of allocation of licences fully consistent with the WTO
(, paragraph 6.150).
As indicated in previous meetings, contacts have been taken, and are continuing, with all the
main interested parties. Several meetings have been held at different levels with representatives of the
Ecuadorian Government, and with the United States authorities. There have been meetings with the
principal suppliers as a group, as well as individually. ACP countries and producers, traders and
representatives of Community producers have conveyed their views.
At this stage, the main conclusion which can be drawn is that so far no single WTO-consistent
solution has emerged on which all the most interested parties can agree. The Community is still
considering all possible options with a view to achieving the solution which it considers best meets
both the recommendations of the Panel and the interests of all the parties concerned.