GD/78

EEC - Emergency Action on Table Apples

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Other titles

Parties

Complainant
Australia
Respondent
EEC
EEC-6
Third Parties

Products at Issue

Products at issue
Apples
Type of product
Agricultural
Product sub-type
Fruits and dried fruits

Related disputes

GATT
WTO

Key legal aspects

Legal basis
  • GATT Article XXIII:2
Claims raised
  • Torquay undertakings (Tariff concessions given during the Torquay Tariff Conference 1960-1961)
Defences raised
  • n.a.

Adjudicators

Type
Chairperson
Other members

Report

Type
Legal basis at issue
  • GATT Article XXIII:2
Claims at issue
Defences at issue
  • n.a.
No of Pages (total / legal reasoning)
  • -
  • -

Timeline

Request for consultations
Request for establishment
Request withdrawn

Outcome

Outcome of the proceedings
Consultations held, request withdrawn
Additional Info L/3385 (17/04/1970) Communication from EEC (03/04/1970) informing the emergency measure taken on table apples, offering consultations with Contracting Parties having a substantial interest as exporters.C/M/62 (14/05/1970) Minutes of Council Meeting (28/04/1970) Australia requested the Council GATT Article XXIII:2 investigations if consultations were not successful. The Council agreed that bilateral or multilateral consultations would take place between the EEC and countries with a trade interest. If there was no satisfactory result, then the Council would reconsider the matter under GATT Article XXIII:2.

L/3385/Add.1 (17/07/1970) Communication from the EEC (08/07/1970) that emergency measures on the import of apples had ceased to apply, as scheduled.

C/M/63 (31/07/1970) Minutes of Council Meeting (15/07/1970) Australia: the consultations had not convinced them that the measures were justified, and no satisfactory adjustment on the matter was reached. EEC : "did not intend to recommend an extension of the measures and that they were in no way a precedent for action in future for apples or other products." Australia: "in view of these statements and in view of the fact that the Australian apple export season was now virtually ended, his authorities had decided not to pursue action under paragraph 2 of Article XXIII of the GATT in this instance."