EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION, SALE AND DISTRIBUTION OF BANANAS
Document: Surveillance of Implementation of Recommendations and Rulings Request for Arbitration by Ecuador, Guatemala, Honduras, Mexico and the United States Thefollowingcommunication,dated17November1997,fromEcuador,Guatemala,Honduras, Mexico and the UnitedStates tothe Chairman of the DisputeSettlement Body,is circulated at the request of these delegations.
Date: 20 November 1997
Document codes: WT/DS27/13; G/L/209
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
Surveillance of Implementation of Recommendations and Rulings
Request for Arbitration by
Ecuador, Guatemala, Honduras, Mexico and the United States
Thefollowingcommunication,dated17November1997,fromEcuador,Guatemala,Honduras,
Mexico and the UnitedStates tothe Chairman of the DisputeSettlement Body,is circulated at the request
of these delegations.
On 25September, the DisputeSettlement Bodyadopted recommendations and rulingsinrespect
of the panel and Appellate Body reports in . On 16 October 1997, the EC announced to the DSB that it would require
a “ reasonable period of time” in order to “ comply with its international obligations” .
Since 29 October, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), we have attempted to reach agreement with the EC on
a “ reasonable period of time” for the EC’ s implementationof all the DSB rulings and recommendations.
However, we have been unable to make progress. The EC representative has informed us that he is
“ not authorized” to confirm that such period of time as may be agreed upon is the period in which
the EC intends to implement the DSB recommendations and rulings. Such refusal is particularly
unfortunate given the plain text of the DSU and the long history of this dispute. In light of the
uncertainty which such refusal casts upon any period of time to which our governments are being asked
to agree, the governments of Ecuador, Guatemala, Honduras, Mexico and the United States are compelled
to request with this letter that the “ reasonable period of time” be determined by binding arbitration
pursuant to Article 21.3(c).
Pursuant to footnote 12 to the DSU, the representatives of Ecuador, Guatemala, Honduras,
Mexico and the United States will immediately open discussions with the EC with a view to achieving
agreement on an arbitrator within the next ten days.
Please circulate this request to Members of the Dispute Settlement Body and request the
Secretariat to notify the Council for Trade in Goods.