GD/63

French Import Restrictions

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Other titles

France Import restrictions (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
France
Third Parties
Australia
New Zealand
Israel
Canada

Products at Issue

Products at issue
Agricultural and petroleum products
Type of product
Ag and Non-Ag
Product sub-type

Related disputes

GATT
Related GD
GD/65
GD/88
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:1
Claims raised
  • GATT Article XI
  • GATT Article XXIII:1(b)
Defences raised
  • GATT Article XII

Adjudicators

Type Panel
Chairperson Eric Wyndham White
Other members J. H. Warren (Canada), N. V. Skak-Nielsen (Denmark), C. H. Datson (New Zealand)

Report

Type Panel
Legal basis at issue
  • GATT Article XXIII:1
Claims at issue
  • GATT Article XI
  • GATT Article XXIII:1(b)
Defences at issue
  • GATT Article XII
No of Pages (total / legal reasoning) 2
  • -
  • Inconsistency found
  • No finding
  • Defence found to be inapplicable

Timeline

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

Outcome

Outcome of the proceedings
Report adopted
Additional Info L/1566 (27/09/1961) Review of the Procedure for Dealing with Residual Import Restrictions - Note by the Executive Secretary (Council 25/09/1961 - 06/10/1961) (ii) Consultations with France "France disinvoked Article XII in June 1960. In November 1960 the United States requested a consultation under Article XXII:1 with France concerning the products which remained subject to quantitative restriction when imported into France from the United States. (...)"L/3744 (12/09/1972) Letter from the US: requests placing "the subject of Article XI residual restrictions by the Government of France be placed on the agenda of the GATT Council (…) In view of the fact that the Government of France has not withdrawn restrictions inconsistent with Article XI, in conformity with the recommendation of the decision of the Contracting Parties on 14 November 1962 [L/1921] the United States has decided to exercise its right to propose suspension of equivalent concessions. (...)"

L/1921 (14/11/1962) Contracting Parties - Twentieth Session - [23 October - 16 November 1962] - French Import Restrictions - Recourse to Article XXIII:2 by the United States - Report of Panel: The matter concerned the United States' request to consider import restrictions applied by France to products on which the European Economic Community had given tariff concessions to the US in the recently concluded negotiations under the GATT (L/1899). The French Government did not contest that the restrictions were contrary to Article XI and did not invoke any GATT provisions as a justification. The Panel considered that, as a result of the import restrictions maintained by France, there was nullification or impairment of benefits to which the United States is entitled under the GATT and suggested that the Contracting Parties could appropriately recommend to the French Government the withdrawal of restrictions inconsistent with Article XI.