GD/105

European Economic Community - Restrictions on Imports of Apples from Chile

Other titles

EEC Apples I (Chile) (Source: GATT Analytical Index)

Parties

Complainant	Chile
Respondent	EEC EEC-9
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/288 GD/293
WTO

Key legal aspects

Legal basis	GATT Article XXIII:1
Claims raised	GATT Article I GATT Article II:1(a) GATT Article II:1(b) GATT Article XIII:1 GATT Article XIII:2(a) GATT Article XIII:2(d) GATT Article XIII:3(b) first sentence GATT Article XXIII GATT Article XXXVI GATT Article XXXVII GATT Part IV
Defences raised	GATT Article XI:2(c)(i) GATT Article XI:2(c)(ii) GATT Article XIII:2(d)

Adjudicators

Type	Panel
Chairperson	Dr. A. El Gowhari (Egypt)
Other members	R. Wright (Canada), Magnus Lemmel (Sweden)

Report

Type	Panel
Legal basis at issue	GATT Article XXIII:1
Claims at issue	GATT Article I GATT Article II:1(a) GATT Article II:1(b) GATT Article XIII:1 GATT Article XIII:2(a) GATT Article XIII:2(d) GATT Article XIII:3(b) first sentence GATT Article XIII:3(b) second sentence GATT Article XXIII GATT Article XXXVI GATT Article XXXVII GATT Part IV
Defences at issue	GATT Article XI:2(c)(i) GATT Article XI:2(c)(ii) GATT Article XIII:2(d)

No of Pages (total / legal reasoning)	19
-
No inconsistency found No inconsistency found No inconsistency found Inconsistency found Inconsistency found Inconsistency found Inconsistency found No inconsistency found Inconsistency found No inconsistency found No inconsistency found No inconsistency found
Defence found to be inapplicable Defence found to be applicable Defence found to be inapplicable

Timeline

Request for consultations	L/4805 (07/06/1979) L/4816 (13/07/1979)
Request for establishment	C/M/134 (25/07/1979) C/M/134/Corr.1 (n.a.)
Establishment	C/M/134 (25/07/1979)
Composition	C/M/138 (29/01/1980) C/M/138/Corr.1 (n.a.)
Report	L/5047 (31/10/1980)
Adoption of report	C/M/144 (10/11/1980) C/M/144/Corr.1 (n.a.)

Outcome

Outcome of the proceedings

Report adopted

Additional Info

L/5047 (31/10/1980) EEC Restrictions on Imports of Apples and Chile - Report of the Panel: The matter referred to the Contracting Parties by Chile concerned restrictions applied by the EEC on imports of apples from Chile, namely an EC Commission regulation suspending the free circulation into the Community of apples originating from Chile for the period 25 April to 15 August 1979. The Panel found that the EEC measure was a prohibition or restriction in the meaning of Article XI. Furthermore, this measure could not qualify as an exception under XI:2c(i) because it had not fulfilled the conditions of the last paragraph of Article XI:2. However, the Panel could not conclude that the EEC did not meet the conditions of XI:2c(ii). Furthermore, the Panel found that the EEC measure was not in conformity with the most-favoured-nation type obligations of Article XIII as it had not fulfilled the requirements of paragraphs 1 and 2(d) thereof. According to the Panel, Chile's increased export capacity over a recent period should have been taken into account by the EEC in its allocation of shares among the Southern Hemisphere suppliers; the commercial contracts that Chilean exporters had signed with EEC importers should have been taken into account as a "special factor" as well. The Panel also found that the EEC had not conformed to the provisions regarding public notice under XIII:2(a) and 3(b) first sentence. Since the Panel had found the EEC measure not to be in conformity with the above provisions, there was a prima facie case of nullification or impairment of benefits accruing to Chile within the meaning of Article XXIII.

GATT Disputes

GD/105 European Economic Community - Restrictions on Imports of Apples from Chile