|European Communities - Regime for the Importation, Sale and Distribution of Bananas - Recourse by the United States to Article 22.2 of the DSU|
14 January 1999
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Recourse by the United States to Article 22.2 of the DSU
The following communication, dated 14 January 1999, from the Permanent Mission of the United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.2 of the DSU.
Pursuant to Article 22.2 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), the United States requests authorization from the Dispute Settlement Body (DSB) to suspend the application to the European Communities (EC), and member States thereof, of tariff concessions and related obligations under the General Agreement on Tariffs and Trade 1994 (GATT), covering trade in an amount of US$520 million. This level of suspension is equivalent to the level of nullification or impairment of benefits accruing to the United States that results from the EC's failure to bring its regime for the importation, sale and distribution of bananas (banana regime) into compliance, by 1 January 1999, with the GATT and the General Agreement on Trade in Services (GATS) or to otherwise comply with the recommendations and rulings of the DSB in EC - Regime for the Importation, Sale and Distribution of Bananas.
The EC's Failure to Implement the DSB's Recommendations and Rulings
On 8 May 1996, the DSB established a panel at the request of Ecuador, Guatemala, Honduras, Mexico and the United States, to examine the EC banana regime. Both the panel and the Appellate Body in this
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