GD/185

Norway - Restrictions on Imports of Apples and Pears (I)

Other titles

Norway Apples and Pears (Source: GATT Analytical Index)

Parties

Complainant
Respondent
Third Parties

Products at Issue

Products at issue
Apples and pears
Type of product
Agricultural
Product sub-type
Fruits and dried fruits

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:2
Claims raised
  • GATT Article XI:2(c)
Defences raised
  • Protocol of Provisional Application (PPA) para. 1(b)

Adjudicators

Type Panel
Chairperson Pierre Pescatore (Luxembourg)
Other members Alejandro de la Peña (Mexico), Munir Ahmad (Pakistan)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:2
Claims at issue
  • GATT Article XI:2(c)
Defences at issue
  • Protocol of Provisional Application (PPA) para. 1(b)
No of Pages (total / legal reasoning) 18 (and 18 are annex)
  • -
  • Inconsistency found
  • Defence found to be inapplicable

Timeline

Request for consultations
  • (22/09/1987)
Request for establishment
Establishment
Composition
Report
Adoption of report

Outcome

Outcome of the proceedings
Report adopted
Additional Info L/6300 (22/01/1988) Norway and Sweden - Restrictions on Imports of Apples and Pears - Recourse to Article XXIII:2 by the United States (22/01/1988) US intended to request the establishment of a panel at the GATT Council Meeting of 02/02/1988 because no satisfactory adjustment had been reached through bilateral consultations.L/6474 Report of the Panel: Norway's restriction was not covered by the Legislation Clause of the Protocol of Provisional Application.

L/6651 (02/03/1990) Communication from Norway (23/02/1991) Implementation of Panel Report L/6474.

C/M/251 (26/08/1991) Minutes of Council Meeting (11/07/1991) US considered Norway had not yet brought its import measures into conformity and reserved its rights.