GD/266

United States - Restrictions on Imports of Tuna

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Other titles

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

Parties

Complainant
EEC
EEC-12
Netherlands
Respondent
United States
Third Parties
Australia
Canada
Costa Rica
Japan
New Zealand
Thailand
Venezuela

Products at Issue

Products at issue
Tuna
Type of product
Non-agricultural
Product sub-type
Fish and fish products

Related disputes

GATT
Related GD
GD/239
GD/263
GD/272
WTO
Related WTO Dispute
WT/DS381

Key legal aspects

Legal basis
  • GATT Article XXIII:1
Claims raised
  • GATT Article III Ad Note
  • GATT Article XI:1
Defences raised
  • GATT Article XX(b)
  • GATT Article XX(d)
  • GATT Article XX(g)

Adjudicators

Type Panel
Chairperson George A. Maciel (Brazil)
Other members Alan Oxley (Australia), Winfried Lang (Austria)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:1
Claims at issue
  • GATT Article III Ad Note
  • GATT Article XI:1
Defences at issue
  • GATT Article XX(b)
  • GATT Article XX(d)
  • GATT Article XX(g)
No of Pages (total / legal reasoning) 58 (and 4 annex)
  • -
  • Inconsistency found
  • Inconsistency found
  • Defence found to be inapplicable
  • Defence found to be inapplicable
  • Defence found to be inapplicable

Timeline

Request for consultations
Request for establishment
Establishment
Composition
Report

Outcome

Outcome of the proceedings
Report issued
Additional Info C/M/255 (10/04/1992) Minutes of Council Meeting (18/03/1992) Given the uncertainties with regards to Panel Report DS21/R [not yet adopted] the EEC had requested consultations (DS29/1 11/03/1992). US: working on legislative proposals.C/M/256 (29/05/1992) Minutes of Council Meeting (30/04/1992) The Contracting Parties supported the adoption of Panel Report DS21/R. US: working on legislative proposals.

C/M/257 (10/07/1992) Minutes of Council Meeting (19/06/1992) US: working on legislation regarding Panel Report DS21/R. EEC: formally requested the establishment of a panel (DS29/2). US: not in a position to agree to the request at the meeting. Venezuela: hoped US would be in a position to allow the adoption of Panel Report DS21/R at the next Council meeting.

DS33/1(10/07/1992) Request for Consultations by the Netherlands (03/07/1992) "The subject matter of this dispute has already been examined by a panel requested by Mexico (DS21/R)." The Panel Report was discussed in three GATT Council sessions, "not yet been adopted by the GATT Council."

DS29/3 (14/07/1992) Recourse to GATT Article XXIII:2 by Netherlands (13/07/1992) to join DS29 as a co-complainant given that its consultations under DS31/1 did not lead to a mutually satisfactory solution.

C/M/258 (04/08/1992) Minutes of Council Meeting (14/07/1992) US: pending legislation. EEC: requested again the establishment of a Panel (DS29/2). Netherlands: requested to join as co-complainant (the US agreed to avoid an additional panel under DS31/1). Panel established under DS29.

On 06/08/1992 the EEC requested the Director-General compose a panel by virtue of para. F(c)5 of the Decision of the CP of 12/04/1989

DS29/5 (16/11/1992) Suspension of the panel at the request of the EEC (10/10/1992) and the Netherlands (16/11/1992).

DS29/7 (01/12/1992) Communication from the Netherlands (25/11/1992) Requested supplementary consultations with the US under GATT Article XXIII:1 (30/10/1992). Consultations took place on 16/12/1992, reaching an understanding on USA legislative provisions to be considered by the Panel.

On 03/02/1993 the parties informed the Panel they were ready to resume proceedings.

DS29/R (20/05/1994) Report of the Panel (20/05/1994)

C/M/274 (24/08/1994) Minutes of Council Meeting (20/07/1994) Adoption of the Panel report DS29/R requested. The US proposed an open, public meeting to discuss the Panel report, and requested informal consultations of the Chairman with the Contracting Parties and to report to the Council at a future meeting. The Contracting Parties expressed reservations. The US noted comments and was to discuss with the Chairman.

C/M/275 (24/10/1994) Minutes of Council Meeting (04/10/1994) US: not in a position to discuss the DS29/R report's findings, the government was still studying it. Requested the matter be reverted to the next Council meeting.

C/M/276 (15/12/1994) Minutes of Council Meeting (10/11/1994) US: had not completed the review of the Panel, reported consultations with relevant domestic interests. Not in a position to discuss the findings of Panel Report DS29/R.