GD/72

Turkey - EEC Customs Union

Other titles

Turkey - EEC Customs Union

Parties

Complainant
Respondent
Third Parties

Products at Issue

Products at issue
General
Type of product
Not specified
Product sub-type

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXII:1
  • GATT Article XXII:2
Claims raised
  • GATT Article XXIV:5(a)
  • GATT Article XXIV:6
Defences raised
  • Ankara Agreement (Turkey-EEC)
  • GATT Article XXVIII

Adjudicators

Type Working Party
Chairperson F.P. Donovan (Australia)
Other members Representative of Austria, Representative of Brazil, Representative of European Economic Community, Representative of India, Representative of Madagascar, Representative of Nigeria, Representative of Norway, Representative of Turkey, Representative of United Kingdom, Representative of United States

Report

Type Working Party
Legal basis at issue
  • GATT Article XXII:1
  • GATT Article XXII:2
Claims at issue
  • GATT Article XXIV:5(a)
  • GATT Article XXIV:6
Defences at issue
  • Ankara Agreement (Turkey-EEC)
  • GATT Article XXVIII
No of Pages (total / legal reasoning) 5
  • -
  • -
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution
  • No finding in light of mutually agreed solution

Outcome

Outcome of the proceedings
Report issued, the Council took note, mutually agreed solution
Additional Info SR.22/9 (06/04/1965) Contracting Parties Twenty-Second Session - Summary Record of the Ninth Meeting (23/03/1965) European Economic Community: Agreement of Association with Turkey (L/2265 and Addendum 1) Contracting Parties had established a Working Party to examine the Agreement of Association of the EEC with Turkey, known as the Ankara Agreement, "to examine the Agreement in the light of the relevant provisions of the GATT." The Report was distributed in document L/2265 and L/2265/Add.1. Turkey: the aim of the agreement "was to facilitate the accession of Turkey to the Community, notably by the institution of a customs union. (...) The Turkish Government considered the Ankara Agreement a vital element in its economic development." UK: "It would be advisable, he suggested, to resume examination of the Agreement so as to appraise the difficulties that had emerged and to obtain a clearer picture of the Agreement's implications, in particular, those relating to the compatibility issue [between GATT Article XXIV:5(a) and Article XXIV:6]. (...) UK stood ready to negotiate under Article XXVIII (...) How would Article XXIV apply in all this? It was the first time in the GATT that such a situation had arisen. It would be appropriate, he suggested, for the Working Party to attempt to clarify such issues and to look at the practical implications and not merely at the legal issues. An examination of this type by the Working Party would be of considerable help to the United Kingdom." UK and Turkey consulted under Article XXII:1 concerning certain technical points arising in connexion with the Association Agreement. SR.22/10 (06/04/1965) Contracting Parties Twenty-Second Session - Summary Record of the Tenth Meeting (25/03/1965) UK: consultations had been very complex and it had not been possible to reach complete agreement; "would prefer the setting up of a panel or working party to assist the United Kingdom in dealing with the question it had raised and to provide the necessary guidance and interpretation to enable the United Kingdom to complete its Article XXVIII negotiations with Turkey." Discussion on the terms of reference.

SR.22/11 (08/04/1965) Contracting Parties Twenty-Second Session - Summary Record of the Eleventh Meeting (25/03/1965) Agreement reached on the Working Party's terms of reference and membership.

L/2465 (08/04/1965) Working Party Report.