dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Request for the Establishment of a Panel by the United States The followingcommunication, dated 26March 1997,fromthe Permanent Mission of theUnited States to the Dispute Settlement Body, is circulated at the request of the United States.
Date: 27 March 1997
Document codes: WT/DS13/6
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Request for the Establishment of a Panel by the United States
The followingcommunication, dated 26March 1997,fromthe Permanent Mission of theUnited
States to the Dispute Settlement Body, is circulated at the request of the United States.
The European Communities ("EC") have adopted a reference price system touse in determining
the duties applicable to imports of grains (wheat, rye, barley, corn, sorghum and rice). These measures
are included in Commission Regulation Nos. 1502/95 (L147/13), 1817/95 (L175/23), 1906/95 (L182/9),
1573/95 (L150/53), and 1818/95 (L175/25), and other relevant citations.
These measures appear to result in the application of higher rates of duties to shipments of
U.S. grains thanis permittedunder the EC WTO tariff schedule and to discriminateagainst U.S. exports
of grains. These measures appear to be inconsistent with the obligations of the EC under the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") and the Agreement on Implementation of Article VII
of the GATT 1994, particularly in light of the so-called "margin of preference" tariff binding undertaken
by the EC. The provisions of these agreements with which these measures appear to be inconsistent
include, but are not limited to, the following:
(1) GATT 1994, Articles I, II, VII and X; and
(2) Agreement on Implementation of Article VII of the GATT 1994, Articles 1 through
9, 11, 22 and Annex I.
These measures alsoappear tonullifyorimpair the benefitsaccruing tothe UnitedStates directly
or indirectly under the cited agreements, including within the meaning of GATT 1994 Article XXIII:1(b).
In a communication dated 19 July 1995 (), the Government of the United States
requested consultationswiththe EC regardingthese measures pursuanttoArticle4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXIII of the GATT
1994, and Article 19 of the Agreement on Implementation of Article VII of the GATT 1994.
Consultations were held on 13 September 1995, but to date the dispute remains unresolved.
Accordingly, the United States respectfully requests the establishment of a panel to examine
the matter with standard terms of reference as set out in Article 7 of the DSU.
The United States asks that a meeting of the Dispute Settlement Body be convened within 15 days
of the date of this letter to consider this request for the establishment of a panel.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Communication from the United States
Date: 7 April 1997
Document codes: WT/DS13/7; WT/DS13/5; WT/DS13/1
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Communication from the United States
The following communication, dated 3 April 1997, from the Permanent Mission of the United
States to the Permanent Delegation of the European Commission and to the Dispute Settlement Body,
is circulated at the request of the United States.
The United States hereby withdraws its request dated 13 February 1997, for the establishment
of a panel in (, 14 February 1997).
The withdrawal of the 13 February 1997request is without prejudiceto the request of the United
Statesdated 19July1995,for consultationsinthismatterwiththe EuropeanCommunities (,
26 July 1995), and to the pending request dated 26 March 1997, for the establishment of a panel in
this matter (, 1 April 1997) that will be considered by the Dispute Settlement Body at a
meeting scheduled to be held on 10 April 1997.
EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Document: Original: English EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS Communication from the United States
Date: 2 May 1997
Document codes: WT/DS13/8; WT/DS13/6
Complainant: U.S.
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. I, II, VII  GATT 1994Art. 1, 2, 3, 4, 5, 6, 7, Annex I  Customs valuationArt. X  GATT 1994Art. 8, 9, 11, 22  Customs valuation

EUROPEAN COMMUNITIES - DUTIES ON IMPORTS OF GRAINS
Communication from the United States
The following communication, dated 30 April 1997, from the Permanent Mission of the United
States to the Permanent Delegation of the European Commission and to the Dispute Settlement Body,
is circulated at the request of the United States.
The United States hereby withdraws its request dated 26 March 1997, for the establishment
of a panel in (, 27 March 1997).
All previous requests for the establishment of a panel with respect to this matter likewise have been
withdrawn.
In November 1995, the United States and the European Communities reached an agreement
concerningthismatter. On 18April1997,the EuropeanCommunities adoptedregulationstoimplement
the provisions of that agreement. In light of these regulations, this matter does not appear to require
further consideration by the Dispute Settlement Body.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Canada
Date: 7 August 1995
Document codes: WT/DS14/2
Complainant: Chile
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2, 12  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994Art. 2.1, 2.2  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Canada
The following communication, dated 2 August 1995 from the Permanent Mission of Canada
to the Permanent Delegation of the European Commission and the Permanent Mission of Chile is
circulated at the request of the Permanent Mission of Canada.
Pursuant to Paragraph 11 of Article 4 of the Understanding of Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the Government of Chile in a communication circulated to
WTO Members on 31 July 1995 () regarding the French Government Order concerning
the trade description of scallops.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: Spanish EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication from Peru
Date: 11 August 1995
Document codes: WT/DS14/3; WT/DS14/1
Complainant: Chile
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2, 12  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994Art. 2.1, 2.2  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication from Peru
The following communication, dated 2 August 1995, from the Permanent Mission of Peru to
the Permanent Delegation of the European Commission and to the Permanent Mission of Chile is
circulated at the request of the Permanent Mission of Peru.
I have the honour to refer to communication of the
(WTO) informing Members of the Organization that the Government of Chile has requested the European
Communities for consultations relating to the French Order NOR MERP9300051 A, of 22 March 1993
and subsequent amendments thereto laying down the official names and the official designations of
pectinidae (scallops).
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, I have the honour to inform you that the Government of Peru is interested in joining in
the consultations.
EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Document: Original: English EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS Request to Join Consultations under Article 4.11 of the DSU Communication by Japan
Date: 17 August 1995
Document codes: WT/DS14/4
Complainant: Chile
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 2, 12  Technical Barriers to Trade (TBT)Art. I, III  GATT 1994Art. 2.1, 2.2  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - TRADE DESCRIPTION OF SCALLOPS
Request to Join Consultations under Article 4.11 of the DSU
Communication by Japan
The following communication, dated 10 August 1995, from the Permanent Mission of Japan
to the Permanent Mission of Chile and the Permanent Delegation of the European Commission is
circulated at the request of the Permanent Mission of Japan.
Upon instructions from my Government, I would like to notify you that the Government of
Japan, pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, desires to be joined in the consultations under Article XXII:1 of GATT
1994requested bythe Government of Chile bya communicationcirculated toWTO Members on31 July
1995 regarding trade description of scallops ().
JAPAN - MEASURES AFFECTING THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT
Document: Original: English JAPAN - MEASURES AFFECTING THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT Request to Join Consultations Communication from the United States
Date: 31 August 1995
Document codes: WT/DS15/2
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. I, III:4, XVII:1(c)  GATT 1994

JAPAN - MEASURES AFFECTING THE PURCHASE OF
TELECOMMUNICATIONS EQUIPMENT
Request to Join Consultations
Communication from the United States
The following communication, dated 28 August 1995, from the Office of the United States
Trade Representative to the Permanent Delegation of the Commission of the European Communities
and the Permanent Mission of Japan is circulated at the request of the Office of the United States Trade
Representative.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the United States Government hereby notifies the Dispute Settlement
Body that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations under Article XXII:1 of GATT 1994 requested by the European Communities in a
communication circulated to WTO Members on 24 August 1995 (), entitled "".
United States producers have a significant interest in supplying the Japanese mobile analogue
equipment market. In addition, the United States Government was a party to the agreement that forms
part of the basis of the EC request for consultations.
JAPAN - MEASURES AFFECTING THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT
Document: Original: English/ anglais/ inglés JAPAN - MEASURES AFFECTING THE PURCHASE OF TELECOMMUNICATIONS EQUIPMENT Acceptance by Japan of the Request to Join Consultations by the United States In a communication dated 31 August 1995 and pursuant to Article 4:11 of the Understanding on the Rules and Procedures Governing the Settlement of Disputes, Japan informed the Dispute Settlement Body that it had accepted the request of the United States (WT/DS15/2) to join consultations which the European Communities had requested with Japan (WT/DS15/1). JAPON - MESURES AFFECTANT L'ACHAT DE MATERIEL DE TELECOMMUNICATION Acceptation par le Japon de la demande de participation aux consultations présentée par les Etats-Unis
Date: 13 September 1995
Document codes: WT/DS15/3; WT/DS15/2; WT/DS15/1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. I, III:4, XVII:1(c)  GATT 1994

JAPAN - MEASURES AFFECTING THE PURCHASE OF
TELECOMMUNICATIONS EQUIPMENT
Acceptance by Japan of the Request to Join Consultations by
the United States
In a communication dated 31 August 1995 and pursuant to Article 4:11 of the Understanding
on the Rules and Procedures Governing the Settlement of Disputes, Japan informed the Dispute Settlement
Body that it had accepted the request of the United States () to join consultations which
the European Communities had requested with Japan ().
JAPON - MESURES AFFECTANT L'ACHAT DE MATERIEL
DE TELECOMMUNICATION
le Japon ().
DE TELECOMUNICACIONES
de diferencias, el Japón informó al Órgano de Solución de Diferencias de que había aceptado la petición
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Request for Consultations by Guatemala, Honduras, Mexico and the United States
Date: 4 October 1995
Document codes: WT/DS16/1; G/LIC/D/1; G/L/26; S/L/14
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS
Request for Consultations by Guatemala, Honduras, Mexico and the United States
The following communication, dated 28 September 1995, from the Permanent Missions of
Guatemala,Honduras,Mexico andthe Officeof theUnitedStatesTrade RepresentativetothePermanent
Delegation of the EuropeanCommission, iscirculated at the requestof these Missions and inaccordance
with Article 4.4 of the DSU.
The Permanent Missions in Geneva of Guatemala, Honduras, Mexico and the United States
wish to convey to you, on behalf of their respective governments, a request for consultations with the
European Communities pursuant to Article 4 of the Understanding on Rules and Procedures Governing
the Settlementof Disputes,Article XXIII ofthe GeneralAgreement onTariffs andTrade 1994,Article 6
of the Agreement on Import Licensing Procedures, and Article XXIII of the General Agreement on
Trade in Services regarding the EC regime for the importation, sale and distribution of bananas
established by Regulation 404/93 (OJ L 47 of 25 February 1993, p.1) and the subsequent EC legislation,
regulations and administrative measures which implement, supplement and amend that regime.
These measures appear to be inconsistent with EC obligations under the General Agreement
on Tariffs and Trade 1994, the Agreement on Import Licensing Procedures and the General Agreement
on Trade in Services. The EC measures appear to be inconsistent with the following provisions, among
others:
1) Articles I, II, III, X and XIII of the General Agreement on Tariffs and Trade 1994;
2) Articles 1 and 3 of the Agreement on Import Licensing Procedures; and
3) Articles II, XVI and XVII of the General Agreement on Trade in Services.
These measures also appear to nullify or impair benefits accruing to Guatemala, Honduras,
Mexico and the United States directly or indirectly under the cited agreements, and to impede the
objectives of the GATT 1994 and Agreement on Import Licensing Procedures.
We look forward to receiving your reply to this request and to fixing a mutually convenient
date for consultations.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: English EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Saint Lucia
Date: 13 October 1995
Document codes: WT/DS16/2
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS
Communication from Saint Lucia
The following communication, dated 3 October 1995, from the Permanent Representation of
Saint Lucia to the Office of the United States Trade Representative, the Permanent Missions of
Guatemala, Honduras and Mexico and the Permanent Delegation of the European Commission was
received by the Chairman of the DSB and is circulated at the request of the Permanent Representation
of Saint Lucia.
The Government of Saint Lucia wishes to convey to you its request to be joined in the
consultationsontheEuropeanCommunities' regime fortheimportation,saleand distributionofbananas
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes, Article XXIII of the General Agreement on Tariffs and Trade 1994, Article VI of the
Agreement on Import Licensing Procedures and Article XXIII of the General Agreement on Trade
and Services regarding the EC regime for the importation, sale and distribution of bananas established
by Regulation 404/93 (OJ L47 of 25th February 1993) and the subsequent EC legislation, regulations
and administrative measures which implement, supplement and amend that regime.
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
specifically provides that during consultations Members should give special attention to the particular
problems and interests of developing-country Members.
The share of banana exports in the agricultural exports of Saint Lucia in 1993 amounted to
90 per cent. A fall in the returns on bananas would have far reaching and negative consequences for
the economy of Saint Lucia. Any modifications to the EC banana regime which significantly reduce
the provisions in favour of Saint Lucia would jeopardise our access to our sole export market and give
rise to a disastrous situation and economic collapse would be inevitable. Saint Lucia, therefore, has
a substantial trade interest in the above-mentioned consultations.
I look forward to receiving your early reply to this request and to fixing a mutually convenient
arrangement for the holding of joint consultations on this matter, which is of such fundamental importance
to my country.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Colombia
Date: 20 October 1995
Document codes: WT/DS16/3
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS
Communication from Colombia
The following communication, dated 12 October 1995, from the Permanent Mission of Colombia
to the Permanent Delegation of the European Commission, the Office of the United States Trade
Representative, the Permanent Missions of Guatemala, Honduras and Mexico and the Chairman of
the DSB is circulated at the request of the Permanent Mission of Colombia.
The Government of Colombia takes note of the joint request for consultations submitted by
the United States, Guatemala, Honduras and Mexico regarding the European Communities' regime
for the importation, sale and distribution of bananas established by Regulation 404/93 and the legislation
to implement, supplement and amend that regime1, including the Framework Agreement on Bananas
(Council Regulation No. 3290/94, OJ L 349 and the legislation identified in Annex 1).
As can be seen from the statistics in Annex 2 to this letter, Colombia has a substantial commercial
interest in this matter, being a banana-producing country whose exports to the European Union account
for 21 per cent of total imports into that market under non-preferential arrangements.
In viewof this substantial commercial interest and taking into account the provisions of Article 6
of the Agreement on Import Licensing Procedures and Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the Government of Colombia wishes to be associated
with this consultation procedure.
1Document of 4 October 1995.

ANNEX 1
1. Commission Regulation (EC) No. 3224/94, OJ L 337/94.
2. Council Regulation (EC) No. 3290/94, OJ L 349/95, Annex XV.
3. Commission (DG VI) Communication to Member States, No. 8411/95.
4. Commission Regulation (EC) No. 478/95, OJ L 49/95.
5. Commission Regulation (EC) No. 702/95, OJ L 71/95.
6. Commission Regulation (EC) No. 703/95, OJ L 71/95.
7. Commission Regulation (EC) No. 704/95, OJ L 71/95.
8. Commission Regulation (EC) No. 1210/95, OJ L 120/95.
9. Commission Regulation (EC) No. 1220/95, OJ L 120/95.
10. Commission Regulation (EC) No. 1387/95, OJ L 134/95.
11. Commission Regulation (EC) No. 1889/95, OJ L 179/95.
12. Commission Regulation (EC) No. 1923/95, OJ L 185/95.
13. Commission Regulation (EC) No. 2007/95, OJ L 196/95.
14. Commission Regulation (EC) No. 2234/95, OJ L 225/95.
15. Commission Regulation (EC) No. 2329/95, OJ L 235/95.
ANNEX 2
Banana Imports of the European Union

1992 1993 1994 Average
TOTAL COLOMBIA TOTAL COLOMBIA TOTAL COLOMBIA
Tons % Tons % Tons % %
2,418,464 519,200 21.47 2,222,955 417,421 18.78 2,098,679 460,840 21.96 20.73
Source: EUROSTAT.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from the Dominican Republic
Date: 24 October 1995
Document codes: WT/DS16/4
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Communication from the Dominican Republic
The following communication, dated 12 October 1995, from the Permanent Mission of the
DominicanRepublic tothe Permanent Delegation of the EuropeanCommission, the Office of the United
States Trade Representative, the Permanent Missions of Guatemala, Honduras and Mexico and the
Chairman of the DSB is circulated at the request of the Permanent Mission of the Dominican Republic.
The Government of the Dominican Republic wishes to notify you of its desire to be joined
in the consultations that the Governments of Guatemala, Honduras, Mexico and the United States of
America have requested with the European Union, pursuant to Article 4 of the WTO Understanding
onRules and Procedures Governing the Settlement of Disputes, ArticleXXIII of the General Agreement
on Tariffs and Trade 1994, Article XXIII of the General Agreement on Trade in Services, and Article 6
of the Agreement on Import Licensing Procedures, in connection with the regime for the importation,
sale and distribution of bananas, established in Regulation 404/93. The request in question is contained
in document , dated 4 October 1995.
The Government of the Dominican Republic makes this notification under Article 4,
paragraphs 10 and 11, of the Understanding on Rules and Procedures Governing the Settlement of
Disputes and because it considers that it has a major interest in following these consultations, since
any change in the European Union's regime for the importation of bananas would seriously injure the
Dominican banana industry.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Venezuela
Date: 25 October 1995
Document codes: WT/DS16/5
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Communication from Venezuela
The following communication, dated 13 October 1995, from the Permanent Mission of Venezuela
to the Permanent Delegation of the European Commission, the Office of the United States Trade
Representative, the Permanent Missions of Guatemala, Honduras and Mexico and the Chairman of
the DSB is circulated at the request of the Permanent Mission of Venezuela.
The Government of Venezuela has taken note with great interest of the joint request by
Guatemala, Honduras, Mexico and the United States for consultations in connection with the European
Communities' regime for the importation, sale and distribution of bananas, established by
Regulation 404/93 and the legislation implementing, supplementing and amending it.1
As you are aware, Venezuela, together with the Governments of Colombia, Costa Rica and
Nicaragua,signedwiththeEuropeanCommunities theFramework AgreementonBananas,whichforms
part of the above-mentioned legislation (Regulation (EC) No. 3290/94, OJ L349), and is the basis of
Venezuela's substantial trade interest in the banana market of the European Communities.
In view of this substantial trade interest and bearing in mind the provisions of Article 6 of the
Agreement on Import Licensing Procedures, Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes and other rules applicable in this matter, the Government of
Venezuela asks to be joined in the above-mentioned process of consultations.
1Document of 4 October 1995.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Nicaragua
Date: 20 October 1995
Document codes: WT/DS16/6
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND
DISTRIBUTION OF BANANAS
Communication from Nicaragua
The following communication, dated 13 October 1995, from the Permanent Mission of Nicaragua
to the Permanent Delegation of the European Commission, the Office of the United States Trade
Representative, the Permanent Missions of Guatemala, Honduras and Mexico and the Chairman of
the DSB is circulated at the request of the Permanent Mission of Nicaragua.
The Government of Nicaragua takes note of the joint request for consultations made by
Guatemala, Honduras, Mexico and the United States in connection with the European Union's regime
for the importation,sale and distributionof bananas, establishedinRegulation 404/93and the legislation
implementing, supplementing and amending it1, which includes the Framework Agreement on Bananas
(Regulation (EC) No. 3290/94, OJ L 349).
The banana industry is a major source of foreign exchange and provides employment for a
significant sector of the Nicaraguan population. For this reason, my Government has a substantial
trade interestinthe consultationsinquestion,inasmuch as the EuropeanUnionhas, over the pastdecade,
constituted the only market for Nicaraguan banana exports. Accordingly, any change that does not
take due account of Nicaragua's interests could have serious affects on its economy.
Consequent upon this substantial trade interest and pursuant to the terms of Article 6 of the
Agreement on Import Licensing Procedures, Article 4 of the Understanding on Settlement of Disputes,
and other rules applicable in this matter, the Government of Nicaragua wishes to be joined in this
consultation procedure.
1Document , 4 October 1994.
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Original: Spanish EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS Communication from Costa Rica
Date: 30 October 1995
Document codes: WT/DS16/7; WT/DS16/1
Complainant: Guatemala, Honduras, Mexico, U.S.
Respondent: EU
Dispute stage: Consultation
Agreements cited: Art. II, XVI, XVII  Services (GATS)Art. I, II, III, X, XIII  GATT 1994Art. 1, 3  Import Licensing

EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Communication from Costa Rica
The following communication, dated 11 October 1995, from the Permanent Mission of Costa
Rica to the Permanent Delegation of the European Commission, the Office of the United States Trade
Representative and the Permanent Missions of Guatemala, Honduras and Mexico and the Chairman
of the DSB is circulated at the request of the Permanent Mission of Costa Rica.
The Government of Costa Rica acknowledges receipt of document , dated
4 October 1995, concerning the request for consultations made by Guatemala, Honduras, Mexico and
the United States in connection with the European Union's Regime for the importation, sale and
distribution of bananas, established in Regulation 404/93 and the subsequent legislation implementing,
supplementing and amending it.
That requestis based, inter alia, on Article6 of the Agreement on Import LicensingProcedures.
Bearing in mind that that Article is one of the "... provisions in other covered agreements ...", referred
to in Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
and the footnote thereto, and considering my Government's substantial trade interest in this matter,
the Government of Costa Rica requests to be joined in the consultations.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Request for Consultations by Canada
Date: 11 October 1995
Document codes: WT/DS18/1; G/L/28; G/SPS/W/29
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Request for Consultations by Canada
The following communication, dated 5 October 1995, from the Permanent Mission of Canada
to the Permanent Mission of Australia, is circulated at the request of the Permanent Mission of Canada
in accordance with Article 4:4 of the DSU.
The Government of Canada requests consultations with the Government of Australia pursuant
to Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 and Article 11.1 of the
Agreement on the Application of Sanitary and Phytosanitary Measures, regarding the Government of
Australia's prohibition on the importation of salmon from Canada.
Australia prohibits the importation of untreated fresh, chilled or frozen salmon from Canada
under the Quarantine Proclamation No. 86A, dated 19 February 1975. The Government of Canada
is of the view that the application of this import prohibition is inconsistent with the obligations of the
Government of Australia under the General Agreement on Tariffs and Trade 1994 and the Agreement
on the Application of Sanitary and Phytosanitary Measures. The provisions of these Agreements with
which the import prohibition is inconsistent include, but are not limited to:
(i) Articles XI and XIII of the General Agreement on Tariffs and Trade 1994; and
(ii) Articles 2 and 5 of the Agreement on the Application of Sanitary and Phytosanitary
Measures.
The import prohibition nullifies or impairs benefits accruing to Canada under the Marrakesh
Agreement Establishing the .
In accordance with Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, the Government of Canada requests consultations with the Government of
Australia to discuss this matter with a view to reaching a mutually satisfactory solution. The Government
of Canada welcomes any suggestions the Government of Australia may wish to make concerning dates
for the consultations.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Constitution of a Panel Established at the Request of Canada Note by the Secretariat
Date: 3 June 1997
Document codes: WT/DS18/3; WT/DS18/2; WT/DS18/2
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Constitution of a Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 10 April 1997 the DSB established a panel pursuant to the request of Canada
(), in accordance with Article 6 of the DSU (WT/DSB/M/31).
2. The parties did not agree on the terms of reference for the Panel. Therefore, in accordance
with Article 7.1 of the DSU, the terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Canada
in document , the matter referred to the DSB by Canada 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 28 May 1997, the Panel was constituted with the following composition:
Chairman: Mr. Michael Cartland
Panelists: Mr. Kari Bergholm
Ms. Claudia Orozco
4. The European Communities, India, Norway and the United States reserved their right to
participate in the Panel proceedings as third-parties.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: terms of reference
Date: 11 June 1997
Document codes: WT/DS18/3/Rev.1; WT/DS18/2; WT/DS18/2
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Constitution of a Panel Established at the Request of Canada
Revision
1. At its meeting on 10 April 1997, the DSB established a panel pursuant to the request of Canada
(), in accordance with Article 6 of the DSU (WT/DSB/M/31).
2. The parties agreed that the Panel should have standard terms of reference. Accordingly, the
terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Canada
in document , the matter referred to the DSB by Canada 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 28 May 1997, the Panel was constituted with the following composition:
Chairman: Mr. Michael Cartland
Panelists: Mr. Kari Bergholm
Ms. Claudia Orozco
4. The European Communities, India, Norway and the United States reserved their right to
participate in the Panel proceedings as third parties.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Original: English AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON Communication from the Chairman of the Panel
Date: 25 November 1997
Document codes: WT/DS18/4
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Communication from the Chairman of the Panel
The following communication, dated 24 November 1997, addressed to the Dispute Settlement
Body (DSB), is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which the panel shall conduct its
examination, from the date that the composition and terms of reference of the panel has been agreed
upon until the date the final report is issued to the parties shall, as a general rule, not exceed six months.
Pursuant to Article 12.9 of the DSU, when a panel considers that it cannot issue its report within six
months, 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.
The Panel on "" was established by the
DSB on 10 April 1997, and parties agreed on its composition and terms of reference on 28 May 1997
(). I wish to inform you that the Panel will not be able to complete its work within
the six months provided for in the DSU. The complexity of the matter and the Panel's decision to
seek technical and scientific expertise pursuant to Article 11 of the Agreement on Sanitary and
Phytosanitary Measures and Article 13 of the DSU are responsible for this delay.
The Panel intends to finalize its work by the end of April 1998.
AUSTRALIA – MEASURES AFFECTING IMPORTATION OF SALMON
Document: Communication from the Appellate Body
Date: 17 September 1998
Document codes: WT/DS18/6
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA – MEASURES AFFECTING IMPORTATION OF SALMON
Communication from the Appellate Body
The following communication, dated 17 September 1998, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified its decision to appeal.
Article 17.5 states, furthermore, that when the Appellate Body considers that it cannot provide its
report within 60 days, it shall inform the DSB in wr iting of the reasons for the delay together with an
estimate of the period within which it will submit its report.
Australia notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel on 22 July 1998, with the
result that the 60-day period will expire on Monday, 21 September 1998. Due to the time required for
finalization and translation of the Report, the Appellate Body will not be able to circulate its Report
by 21 September 1998. We estimate that the Appellate Body Report in this appeal will be circulated
to WTO Members by 20 October 1998.
AUSTRALIA – MEASURES AFFECTING IMPORTATION OF SALMON
Document: Communication from the Appellate Body
Date: 19 October 1998
Document codes: WT/DS18/7; WT/DS18/AB/R.
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA – MEASURES AFFECTING IMPORTATION OF SALMON
Communication from the Appellate Body
The following communication, dated 19 October 1998, from Mr. Christopher Beeby, Chairman
of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in , It will be circulated on Tuesday, 20 October 1998
to Members of the in accordance with paragraph 5 of Article 17 of the
Understanding on Rules and Procedures Go verning the Settlement of Disputes . The three Members
of the Appellate Body who served on this appeal were Mr. Claus-Dieter Ehlermann, as Presiding
Member; Mr. Said El-Naggar and myself, as Members.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 22 February 1999
Document codes: WT/DS18/10
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Arbitration under Article 21.3(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 22 February 1999, from the arbitrator,
Mr. Said El-Naggar to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
It is my honour to transmit to you my Arbitration Award in , pursuant to Article 21.3(c) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Recourse to Article 21.5 of the DSU by Canada Constitution of the Panel Note by the Secretariat
Date: 7 September 1999
Document codes: WT/DS18/15; WT/DS18/14.; WT/DS18/14
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Recourse to Article 21.5 of the DSU by Canada
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 28 July 1999, the Dispute Settlement Body (DSB) decided, in accordance
with Article 21.5 of the DSU, to refer to the origin al panel the matter raised by Canada in document

2. Pursuant to Article 7.1 of the DSU, the panel has standard terms of reference as follows:
"To examine, in the light of the relevant provisions of the covered agreements cited by
Canada in document , the matter referred to the DSB by Canada 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. Michael Cartland
Members: Mr. Kari Bergholm
Ms. Claudia Orozco Jaramillo
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Recourse by Australia to Article 22.6 of the DSU Constitution of the Arbitrator Note by the Secretariat
Date: 7 September 1999
Document codes: WT/DS18/16; WT/DS18/13
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Recourse by Australia to Article 22.6 of the DSU
Constitution of the Arbitrator
Note by the Secretariat
1. At its meeting on 28 July 1999, the Dispute Se ttlement Body (DSB) ag reed that the matter
raised by Australia in document shall be referred to arbitration in accordance with
Article 22.6 of the DSU.
2. Article 22.6 of the DSU provides as follows:
"When the situation described in paragraph 2 occurs, the DSB, upon request, shall grant
authorization to suspend concessions or other obligations within 30 days of the expiry of the
reasonable period of time unless the DSB decides by consensus to reject the request.
However, if the Member concerned objects to the level of suspension proposed, or claims that
the principles and procedures set forth in paragraph 3 have not been followed where a
complaining party has requested authorization to suspend concessions or other obligations
pursuant to paragraph 3(b) or (c), the matter shall be referred to arbitration. Such arbitration
shall be carried out by the original panel, if members are available, or by an arbitrator
1
appointed by the Director-General and shall be completed within 60 days after the date of
expiry of the reasonable period of time. Concessions or other obligations shall not be
suspended during the course of the arbitration".
3. The Arbitration will be carried out by the original panel, namely:
Chairman: Mr. Michael Cartland
Members: Mr. Kari Bergholm
Ms. Claudia Orozco Jaramillo
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Recourse to Article 21.5 of the DSU by Canada Communication from the Chairman of the Panel
Date: 13 December 1999
Document codes: WT/DS18/17
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Recourse to Article 21.5 of the DSU by Canada
Communication from the Chairman of the Panel
The following communication, dated 8 December 1999, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 21.5 of the DSU.
Article 21.5 of the DSU stipulates that a panel examining the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings by the Dispute
Settlement Body (DSB) shall circulate its report within 90 days after referral of the matter to it. Article
21.5 further provides that when a panel considers that it cannot issue its report within 90 days, it shall
inform the DSB in writing of the reasons for the dela y together with an estimate of the period within
which it will issue its report.
At its meeting of 28 July 1999, the DSB decided, in accordance with Article 21.5, to refer to the
original panel the matter raised by Canada in I wish to inform you that the Panel will not
be able to complete its work within the 90 days provided for in the DSU. Requests from both parties
that the time-period be extended, along with the co mplexity of the matter and the Panel's decision to
seek technical and scientific expertise pursuant to Article 11 of the Agreement on Sanitary and
Phytosanitary Measures and Article 13 of the DSU, are responsible for this delay.
The Panel intends to finalize its work by early February 2000.
AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 8 April 1999
Document codes: WT/DS18/11; WT/DS18/AB/R; WT/DS18/R
Complainant: Canada
Respondent: Australia
Third parties: EU, India, Norway, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. XI, XIII  GATT 1994

AUSTRALIA - MEASURES AFFECTING IMPORTATION OF SALMON
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 6 November 1998, the Dispute Settlement Body adopted the Appellate
Body report on " " () and the
panel report (), as modified by the Appe llate Body report. The panel report should read
in conjunction with the Appellate Body report.
AUSTRALIE - MESURES VISANT LES IMPORTATIONS DE SAUMONS
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 6 novembre 1998, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "Australie - Mesures visant les importations de saumons" ()
du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
DE SALMÓN
Actuación del Órgano de Solución de Diferencias
En su reunión de 6 de noviembre de 1998, el Órgano de Solución de Diferencias adoptó el