GD/66

Uruguayan Recourse to Article XXIII (II)

Other titles

Uruguay - Recourse to Article XXIII (II)

Parties

Complainant
Respondent
Third Parties

Products at Issue

Products at issue
Frozen bovine meat, chilled bovine meat, frozen ovine meat, chilled offals (bovine or sheep), preserved meat, meat extracts, wheat, wheat flour, barley, rice, crude linseed oil, boiled linseed oil, crude edible oils, refined or purified edible oils, oil cake, meal resulting from the extraction of vegetable oils, dried and salted cow-hide, dried and salted sheepskins, sheepskins in the wool, tanned cow-hide, sheepskin leather, chamois-dressed leather, parchment-dressed leather, patent leather and metallized leather, greasy wool, washed wool, waste of wool, combed wool, yarn of combed wool, wool textiles.
Type of product
Agricultural
Product sub-type
Mixed ag-products

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • Consultations under GATT Article XXII (with France, Italy)
  • GATT Article XXIII:1
  • GATT Article XXIII:2
Claims raised
  • GATT Article XI:2
  • GATT Article XXII
  • GATT Article XXIII:1
  • GATT Article XXIII:2
Defences raised
  • Declaration on the Provisional Accession of the Swiss Confederation to the GATT Paragraph 1(b)
  • GATT Article I:2
  • GATT Article II:4
  • GATT Article III
  • GATT Article XII:4
  • GATT Article XVII
  • GATT Article XX
  • Protocol of Provisional Application (PPA)
  • Torquay Protocol Paragraph 1(a)(ii)

Adjudicators

Type Panel
Chairperson R. Campbell Smith (Canada)
Other members S. L. Portella de Aguiar (Brazil), M. Itan (Israel), E. J. Biermann (Netherlands), A. Schnebli (Switzerland)

Report

Type Panel
Legal basis at issue
  • Consultations under GATT Article XXII (with France, Italy)
  • GATT Article XXIII:1
  • GATT Article XXIII:2
Claims at issue
  • GATT Article XI:2
Defences at issue
  • Declaration on the Provisional Accession of the Swiss Confederation to the GATT Paragraph 1(b)
  • GATT Article I:2
  • GATT Article II:4
  • GATT Article III
  • GATT Article XII:4
  • GATT Article XVII
  • GATT Article XX
No of Pages (total / legal reasoning) 4 (and 6 annex)
  • -
  • -
  • -
  • No inconsistency found in certain cases, otherwise no conclusion reached
  • No conclusion reached
  • Not in report conclusions
  • Not in report conclusions
  • Not in report conclusions
  • Not in report conclusions
  • Not in report conclusions
  • Not in report conclusions

Timeline

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

Outcome

Outcome of the proceedings
Report adopted
Additional Info C/M/15 (15/05/1963) Minutes of Council Meeting (25/04/1963-01/05/1963) At Uruguay's request, the Council gave authority to reconvene the panel of experts at a date to be fixed by the Executive Secretary.

L/2012 (06/06/1963) Communication from Uruguay (16/05/1963) to Executive Secretary requesting Panel meeting to consider replies from 7 Contracting Parties requesting a recommendation on their degree of compliance and other compatibility matters.

L/2074 (30/10/1963) Report of the Panel on Uruguayan Recourse to Article XXIII: The Contracting Parties had recommended that Austria, Belgium, France, Federal Republic of Germany, Italy, Norway and Sweden give immediate consideration to the removal of measures that nullify or impair benefits accruing to Uruguay. Failure to remove the measure or provide "satisfactory judgment" would entitle Uruguay to suspend obligations or concessions. Uruguay requested that the Panel make a recommendation on the extent of compliance, but the Panel considered its competence was limited to consideration of any proposal by Uruguay regarding the suspension of obligations or concessions. The Panel nevertheless commented on the reports submitted by the parties and stood ready to deal with any proposals from Uruguay in that regard.