GD/55

German Import Restrictions

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Other titles

German Import Restrictions

Parties

Complainant
Australia
India
Japan
New Zealand
Pakistan
Austria
Czechoslovakia
Denmark
Greece
Norway
Sweden
United Kingdom
Canada
United States
Respondent
Germany, Fed. Rep.
Third Parties

Products at Issue

Products at issue
Negative List of products not yet liberalized by Germany, Fed. Rep. (see MGT/130/58/Rev.1)
Type of product
Ag and Non-Ag
Product sub-type

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXII
Claims raised
  • GATT Article II:1(b)
  • GATT Article XIII
  • GATT Article XIX
Defences raised
  • GATT Article XI:2(b)
  • GATT Article XI:2(c)(i)
  • GATT Article XIII
  • GATT Article XX(b)
  • Torquay Protocol reservation

Adjudicators

Type GATT Executive Secretary
Chairperson Eric Wyndham White (United Kingdom)
Other members Representative of Australia, Representative of Austria, Representative of Canada, Representative of Czechoslovakia, Representative of Denmark, Representative of Germany, Fed. Rep., Representative of Greece, Representative of India, Representative of Japan, Representative of New Zealand, Representative of Norway, Representative of Pakistan, Representative of Sweden, Representative of United Kingdom, Representative of United States

Report

Type GATT Executive Secretary
Legal basis at issue
  • GATT Article XXII
Claims at issue
  • GATT Article II:1(b)
  • GATT Article XIII
  • GATT Article XIX
Defences at issue
  • GATT Article XI:2(b)
  • GATT Article XI:2(c)(i)
  • GATT Article XIII
  • GATT Article XX(b)
  • Torquay Protocol reservation
No of Pages (total / legal reasoning) 10
  • -
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached
  • No conclusion reached

Timeline

Request for consultations
Establishment
Report

Outcome

Outcome of the proceedings
Report issued, no record of submission for adoption
Additional Info SR.13/20 (03/12/1958) Contracting Parties Thirteenth Session - Summary Record of the Twentieth Meeting (21/11/1958) The Contracting Parties approved the Chairman's proposal for joint consultations with the Federal Republic of Germany under GATT Article XXII "in order to make a detailed analysis of the quantitative restrictions on imports still maintained by Germany and their trade effects, to serve as a basis for further consideration by Contracting Parties of the possibilities of finding solutions within the framework of GATT to the problems arising from the maintenance by Germany of such restrictions. A report on the consultations would be made by the participating governments to the Fourteenth Session of the Contracting Parties". "The Chairman pointed out that Contracting Parties wishing to be joined in the consultations should do so in accordance with the procedures agreed upon consultations under Article XXII, as set out in document L/928, by informing the Government of the Federal Republic of Germany and the Executive Secretary." Australia, Austria, Canada, Denmark, Greece, India, New Zealand, Norway, Pakistan, Sweden, United Kingdom and the United States indicated their governments' wish to participate in these consultations.L/949 (01/12/1958) Consultations under Article XXII - Consultation with the Federal Republic of Germany concerning the Maintenance of Import Restrictions (Note by the Executive Secretary): Consultations will begin on 19/01/1959. Any other Contracting Party that wishes to join the consultations should inform Germany and the Exectuvie Secretary, pursuant to procedures for multilateral consultations L/928.

L/966 (10/04/1959) German Import Restrictions - Joint Consultation with the Federal Republic of Germany - Report by the participating contracting parties. Chaired as an independent chairman by the GATT Executive Secretary (Eric Wyndham White) by unanimous invitation of the participating countries. From the governments that expressed their wish to join consultations at SR.13/20 (Australia, Austria, Canada, Denmark, Greece, India, New Zealand, Norway, Pakistan, Sweden, United Kingdom and the United States), Greece and Pakistan were not finally part of the consultations while Czechoslovakia and Japan joined consultations. "Since June 1957, when Germany ceased to be entitled to maintain import restrictions for balance-of-payments reasons under Article XII, there has been continuing effort by the Contracting Parties to secure compliance by the Federal Republic of Germany with its obligations under the General Agreement. "The delegations of a number of countries were of the opinion that none of the explanations given by the German delegation could justify the further maintenance of discriminatory treatment against any country or any area and urged the Federal Republic to extend liberalization to all member countries of the General Agreement."

L/989 (25/05/1959) German Import Restrictions - Statement by the Representative of the Federal Republic of Germany at the Article XXII Consultation on 11 May 1959 (11/05/1959)

W.14/24 (26/05/1959) German Import Restrictions - Proposal by the United States Delegation - Draft Decision

SR.14/8 (04/06/1959) CP Fourteenth Session - Summary Record of the Eighth Meeting (26/05/1959) The Executive Secretary presented the results of the consultations (which led to his report L/989), but noted consultations continued after that. Germany presented a proposal (L/989) and the US presented a draft decision (W.14/12) on German Import Restrictions. The Chairman proposed a Working Party to consider suggestions made by Germany and other CP towards a waiver in respect of German import restrictions. The Working Party on German Import Restrictions issued its report and draft decision (L/1004, L/1004/Add.1 and L/1004/Corr.1; text of the Decision of 30/05/1959 L/1012, L/1013, L/1013/Add.1, L/1013/Corr.1, L/1013/Corr.2) which was adopted at SR.15/8.



Note: The Report by the participating contracting parties L/966 was not submitted for adoption. The consultations were held under GATT XXII, although the matter was then referred to as multilateral consultations.