GD/79

Greece - Preferential Tariff Quotas to the USSR

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Other titles

Greece USSR Tariff Quotas (Source: GATT Analytical Index)

Parties

Complainant
United States
Respondent
Greece
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
  • n.a.
Claims raised
  • GATT Article I:1
Defences raised
  • GATT Article XXV:5

Adjudicators

Type Working Party
Chairperson Mr. B. Meere (Australia)
Other members Representative of Argentina, Representative of Canada, Representative of Ceylon, Representative of Chile, Representative of EEC, Representative of Greece, Representative of Japan, Representative of Nordic Countries (Finland, Iceland, Norway and Sweden), Representative of United Kingdom, Representative of United States, Representative of Yugoslavia

Report

Type Working Party
Legal basis at issue
  • n.a.
Claims at issue
  • GATT Article I:1
Defences at issue
  • GATT Article XXV:5
No of Pages (total / legal reasoning) 4 (and 8 annex)
  • -
  • Inconsistency found
  • Defence found to be inapplicable

Timeline

Request for consultations
  • (01/01/1970)
Request for establishment
Establishment
Composition
Report
Adoption of report

Outcome

Outcome of the proceedings
Report adopted
Additional Info SCM/W/48 (11/01/1983) SCM Committee - Negotiating History of Article 18:9 and the Treatment of Reports of Working Parties and Panels under Article XXIII of the General Agreement. Dispute listed under GATT Article XXIII complaints: "Council adopted Working Party Report on 2 December 1970 and understood that Greece would seek appropriate solution."

L/3406 (23/06/1970) Request by Greece for a Waiver under Article XXV:5 (18/06/1970)

L/3447 (14/10/1970) Report of the Working Party on Greek Tariff Quotas: The Working Party was established to examine the request of the Government of Greece for a waiver from its obligations under GATT Article I, in order to reduce the customs duties on certain products manufactured in, and coming from, the USSR, as specified in the Special Protocol of 13 December 1969. The representative of Greece explained that the objective of the Special Protocol was to facilitate imports of industrial products from the USSR in order that balance could be restored in the Long-Term Clearing Agreement between the two countries, which at present showed a large credit balance in favour of Greece. A continuation of this surplus would make it difficult for the USSR to maintain its purchases of agricultural products of special export interest to Greece through this clearing mechanism. Greece had not been able to find adequate markets for these products, in particular, tobacco, citrus fruits and raisins, in industrialized GATT countries and consequently had accumulated significant unsold stocks. The Working Party, with the exception of one member, expressed serious concern over the action taken by Greece, were not convinced that exceptional circumstances as required under Article XXV:5 existed, and therefore were opposed to granting of a waiver. In their view Greece had to consider terminating the Special Protocol or extending the tariff concessions on a most-favoured-nation basis, at an early date. Only one delegation was of the view that exceptional circumstances, within the meaning of Article XXV:5, existed. A large majority of the members of the Working Party did not recommend that a waiver be granted as requested by the Government of Greece.