WORLD TRADE ORGANIZATION
MINISTERIAL CONFERENCE
Fourth Session
Doha, 9 - 14 November 2001 |
WT/MIN(01)/16
14 November 2001
(01-5787) |
EUROPEAN COMMUNITIES – TRANSITIONAL REGIME FOR THE EC
AUTONOMOUS TARIFF RATE QUOTAS ON IMPORTS OF BANANAS
Decision of 14 November 2001
The Ministerial Conference,
Having regard to the Guiding Principles to be followed in considering
applications for waivers adopted on 1 November 1956, the Understanding
in Respect of Waivers of Obligations under the General Agreement on
Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization
(hereinafter "WTO Agreement");
Taking note of the request of the European Communities for a waiver from
its obligations under paragraphs 1 and 2 of Article XIII of the GATT
1994 with respect to bananas;
Taking note of the understandings reached by the EC, Ecuador and the
United States that identify the means by which the longstanding dispute
over the EC’s banana regime can be resolved, in particular their
provision for a temporary global quota allocation for ACP banana
supplying countries under specified conditions;
Taking into account the exceptional circumstances surrounding the
resolution of the bananas dispute and the interests of many WTO Members
in the EC banana regime;
Recognizing the need to afford sufficient protection to the ACP banana
supplying countries, including the most vulnerable, during a limited
transition period, to enable them to prepare for a tariff-only regime;
Noting assurances given by the EC that it will, upon request, promptly
enter into consultations with any interested member with respect to any
difficulty or matter that may arise as a result of the implementation of
the tariff rate quota for bananas originating in ACP States;
Considering that, in light of the foregoing, the exceptional
circumstances justifying a waiver from paragraphs 1 and 2 of Article
XIII of the GATT 1994 with respect to bananas exist;
Decides as follows:
1. With respect to the EC’s imports of bananas, as of 1 January 2002,
and until 31 December 2005, paragraphs 1 and 2 of Article XIII of the
GATT 1994 are waived with respect to the EC’s separate tariff quota of
750,000 tonnes for bananas of ACP origin.
2. The EC will, upon request, promptly enter into consultations with any
interested member with respect to any difficulty or matter that may
arise as a result of the implementation of the separate tariff rate
quota for bananas originating in ACP States covered by this waiver;
where a Member considers that any benefit accruing to it under the GATT
1994 may be or is being impaired unduly as a result of such
implementation, such consultations shall examine the possibility of
action for a satisfactory adjustment of the matter.
3. Any Member which considers that the separate tariff rate quota for
bananas originating in ACP States covered by this waiver is being
applied inconsistently with this waiver or that any benefit accruing to
it under the GATT 1994 may be or is being impaired unduly as a result of
the implementation of the separate tariff rate quota for bananas
originating in ACP States covered by this waiver and that consultations
have proved unsatisfactory, may bring the matter before the General
Council, which will examine it promptly and will formulate any
recommendations that they judge appropriate.
4. This waiver shall not preclude the right of affected members to have
recourse to Articles XXII and XXIII of the GATT 1994.
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