GD/59

Italian Restrictions Affecting Imports from the United States and Certain other Contracting Parties

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Other titles

Italian Import Restrictions

Parties

Complainant
United States
Respondent
Italy
Third Parties
Australia
Canada
New Zealand

Products at Issue

Products at issue
General
Type of product
Agricultural
Product sub-type
Mixed ag-products

Related disputes

GATT
Related GD
GD/62
GD/64
WTO

Key legal aspects

Legal basis
  • GATT Article XXII:2
  • GATT Article XXIII:1
Claims raised
  • GATT Article XII
Defences raised
  • Annecy Protocol para. 1(a)(ii)
  • GATT Article XVII
  • GATT Article XX
  • GATT Article XXI

Adjudicators

Type Working Party
Chairperson B. Sward (Sweden)
Other members Representative of Australia, Representative of Belgium, Representative of Brazil, Representative of Canada, Representative of Denmark, Representative of France, Representative of Ghana, Representative of India, Representative of Italy, Representative of Japan, Representative of New Zealand, Representative of Norway, Representative of United Kingdom, Representative of United States, Representative of Uruguay

Report

Type Working Party
Legal basis at issue
  • GATT Article XXII:2
  • GATT Article XXIII:1
Claims at issue
  • GATT Article XII
Defences at issue
  • Annecy Protocol para. 1(a)(ii)
  • GATT Article XVII
  • GATT Article XX
  • GATT Article XXI
No of Pages (total / legal reasoning) 6 (and 10 annex)
  • -
  • -
  • Inconsistency found
  • Beyond competence of Working Party
  • Beyond competence of Working Party
  • Defence found to be inapplicable
  • Defence found to be inapplicable

Timeline

Request for consultations
Request for establishment
  • (13/02/1961)
Establishment
Composition
Report
Adoption of report

Outcome

Outcome of the proceedings
Report adopted, partial withdrawal or modification of measure
Additional Info L/1088 (03/11/1959) Contracting Parties Fifteenth Session - Report of the Committee on Balance-of-Payment Restrictions on Consultation under Article XII:4(b) with Italy: "the Committee agreed that it was not appropriate for the Committee to hold a consultation under Article XII with the Government of Italy."SR.16/8 (31/05/1960) Contracting Parties Sixteenth Session - Summary Record of the Eighth Session (20/06/1960) Italy willing to enter into consultations.

L/1222 (03/06/1960) Contracting Parties wishing to enter into consultations with Italy to inform the Executive Secretary.

L/1222/Add.1 (28/06/1960) Request by United States for Consultations under Article XXII (20/06/1960).

L/1222/Add.2 (25/07/1960) Request by Japan for Consultations under Article XXII (15/07/1960). Note: At SR.17/12 these consultations were reported as not yet begun.

L/1325 List of restricted imports from Japan

SR.17/12 (07/12/1960) Contracting Parties Seventeenth Session - Summary Record of the Twelfth Meeting (19/11/1960) On the basis of a request from the United States, the Chairman proposed the appointment of a Working Party to review the Italian import restrictions which were no longer justified by balance-of-payment reasons.

SR.19/12 (21/12/1961) Contracting Parties Nineteenth Session - Summary Record of the Twelfth Session (09/12/1961) "The Italian Government proposed to adopt in 1962 further measures designed to lessen the effects of these restrictions, and as far as possible to remove the residual "hard-core" quantitative restrictions."