|European Communities - Regime for the Importation, Sale and Distribution of Bananas - Recourse to Article 21.5 of the DSU|
9 September 1998
EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Recourse to Article 21.5 of the DSU
The following communication dated, 8 September 1998, from the Permanent Missions of Ecuador, Guatemala, Honduras, Mexico, and the United States to the Chairman of the Dispute Settlement Body, is being circulated pursuant to Article 21.5 of the DSU.
The governments of Ecuador, Guatemala, Honduras, Mexico and the United States, jointly and severally, request that the following matter be placed on the agenda for the DSB meeting of 22 September.
On 25 September 1997, the Dispute Settlement Body (DSB) adopted the report of the Panel in European Communities - Regime for the Importation, Sale and Distribution of Bananas, as modified by the Appellate Body. Among others, the DSB's resulting recommendations and rulings include the recommendation that the European Communities (EC) bring the measures found to be inconsistent with the GATT and GATS into conformity with its obligations under those agreements
During the week of 22 June 1998, the EC Council of Agriculture Ministers agreed, with few modifications, on proposed amendments to the EC banana regime that had been approved by the European Commission on 14 January as a draft regulation, and set out how the regulation's provisions on licensing were interpreted.1 The draft regulations were approved by the EC Council of Agriculture Ministers on 20 July. On 28 July 1998, amendments to Regulation 404 were published in the EC Official Journal (EC 1637/98; "Regulation 1637").2
As we have informed the DSB on several occasions3, we believe the central elements of the EC measures are inconsistent with the DSB rulings and recommendations, and it is clear that the EC disagrees with that view. Following a discussion of the matter at the DSB meeting of 23 July 1998, our governments discussed with the EC how to resort to procedures under Article 21.5 of the DSU. At a meet
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