GD/113

EEC - United Kingdom Application of EEC Directives to Imports of Poultry from the United States

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Other titles

EEC Poultry (US) (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
EEC
EEC-9
Third Parties

Products at Issue

Products at issue
Poultry
Type of product
Agricultural
Product sub-type
Meat products

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:1
Claims raised
  • GATT Article III
Defences raised
  • GATT Article XX

Adjudicators

Type Panel
Chairperson M. Trucco (Chile)
Other members M. Pullinen (Finland), Ki-Choo Lee (Korea)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:1
Claims at issue
  • GATT Article III
Defences at issue
  • GATT Article XX
No of Pages (total / legal reasoning) 2
  • -
  • No finding - withdrawal or modification of measure
  • No finding - withdrawal or modification of measure

Timeline

Request for consultations
Request for establishment
Establishment
Composition
Report
Adoption of report
Request withdrawn

Outcome

Outcome of the proceedings
Withdrawal or modification of measure, report adopted, request withdrawn
Additional Info L/5155 (03/06/1981) Report of the Panel: The matter referred to the Contracting Parties by the United States concerned the United Kingdom's application of EEC Directives to imports of poultry. The United States informed the contracting parties that it withdrew its request for examination under Article XXIII:2 of the complaint, and that the withdrawal of the complaint was without prejudice to the United States right under the General Agreement, which were reserved (L/5149). Panel considered it could terminate its work and submit the report to the Council.

Prior to this dispute, the United States and the EEC held discussions on 2-3 June 1980 but disagreed as to whether these amounted to consultations under Article 14.1-2 of the Tokyo Round TBT Code and whether PPM circumvention was covered by Article 14.25 of the same Code. (TBT/M/3-4). Following discussions in the TBT Committee, the United States abandoned its TBT claim by stating that it "did not intend to pursue any further the particular issue of United Kingdom poultry imports as a dispute settlement case under the [TBT] Agreement." TBT/M/4, para. 32. Subsequently, the TBT Committee held general discussions on whether PPMs were covered by the Tokyo Round TBT Code, in particular its Article 14.25. (TBT/M/5) See also TBT/Spec/4, TBT/Spec/5, TBT/W/16 and TBT/W/16/Rev.1.

Note: The Report of the Panel (L/5155) reported the withdrawal of the request.