GD/293

EEC - Charges on Imports of Apples Originating in Chile

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Other titles

EEC - Apples III (Chile) (Source: GATT Analytical Index)

Parties

Complainant
Chile
Respondent
EEC
EEC-12
Third Parties

Products at Issue

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

Related disputes

GATT
Related GD
GD/105
GD/288
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:1
Claims raised
  • GATT Article II
  • GATT Article XI
  • GATT Article XIII
Defences raised
  • n.a.

Adjudicators

Type Panel
Chairperson Christer Manhusen (Sweden)
Other members Alejandro de la Peña (Mexico), Munir Ahmad (Pakistan)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:1
Claims at issue
  • GATT Article II
  • GATT Article XI
  • GATT Article XIII
Defences at issue
  • n.a.
No of Pages (total / legal reasoning) 1
  • -
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • -

Timeline

Request for consultations
Request for establishment
Establishment
Composition
Report
Mutually agreed solution
Request withdrawn

Outcome

Outcome of the proceedings
Withdrawal or modification of measure, mutually agreed solution, request withdrawn, report issued
Additional Info DS39/1 Request for consultations regarding the special surveillance of imports of apples from third countries introduced by Commission Regulation (EEC) No. 384/93 of 19/02/1993, especially the import licensing system.DS41/1 Request for consultations regarding Commission Regulation (EEC) No. 846/93 of 07/04/1993 and subsequent regulations, introducing countervailing charge on apples originating in Chile.

DS39/2-DS41/2 Request for panel establishment, requesting the same panel for both the licensing system and the countervailing charges because they concern the same European Community Regulation No. 1035/72 which established the common organization of the market in fruit and vegetables.

C/M/265 (16/08/1993) Minutes of Council Meeting (21/07/1993) EEC did not accept request for a panel at the first Council meeting. The EEC did not accept urgency procedures.

C/M/266 (07/10/1993) Minutes of Council Meeting (22/09/1993) EEC recognised Chile's right to the establishment of a panel under April 1989 Decision. The panel was established.

DS39/R (20/06/1994) EEC - Restrictions on Imports of Apples - Report of the Panel: The Council, at its meeting on 22 September 1993, agreed to establish a panel to examine under Article XXIII: 2 the complaint by Chile concerning restrictions imposed by the European Economic Community (EEC) on imports of apples. As a result of ongoing negotiations between the parties to reach a mutually satisfactory settlement of the matter, Chile requested an eight weeks suspension of the Panel proceedings on 23 March 1994. An additional three weeks suspension was requested on 18 May 1994. On 13 June 1994, the Panel was informed that Chile and the EEC had reached a mutually satisfactory settlement of the matter and that therefore the complaint by Chile had been withdrawn.

Note: The Report of the Panel (DS39/R) reported a mutually agreed solution and the request was withdrawn.