What is the EC bananas iii 1997 case about?
Panel and Appellate Body proceedings The panel report was circulated to Members on 22 May 1997. The panel found that the European Communities’ banana import regime and the licensing procedures for the importation of bananas in this regime are inconsistent with the GATT 1994.
Who bears the burden of proof in a WTO dispute?
The burden of proof rests upon the party, whether complaining or defending, who asserts the affirmative of a particular claim or defence. This means that the party claiming a violation of a provision of the WTO Agreement (i.e. the complainant) must assert and prove its claim.
What is the Lome waiver?
On 9 December 1994, at the request of the European Communities and of the 49 ACP States that were also GATT contracting parties, the CONTRACTING PARTIES granted the European Communities a waiver from certain of its obligations under the GATT 1947 with respect to the Lomé Convention. This is the Lomé Waiver.
What are ACP bananas?
Banana exports from the African, Caribbean and Pacific (ACP) group of countries have enjoyed preferential access to the EU for decades. The agreement reconciles the legitimate interests of two sets of developing countries exporting bananas – Latin American countries on the one hand, and ACP countries on the other.
What are the two exceptions to the Most Favored Nation principle?
GATT Article XXIV provides that regional integration may be allowed as an exception to the MFN principle only if the following conditions are met: (1) tariffs and other barriers to trade must be eliminated with respect to substantially all trade within the region; and (2) the tariffs and other barriers to trade applied …
When was the Lome Convention signed?
28 February 1975
The first Lomé Agreements were signed in the capital of Togo, the former German colony, on 28 February 1975 by the Nine and 46 ACP States. The Lomé Convention, which succeeded the Yaoundé Conventions of 1963 and 1969, was exemplary in its geographical ambition.
When was the Lomé Convention signed?
What is Post Cotonou?
The Post-Cotonou Agreement is a legally binding treaty which, is expected to shape political, social and economic relations between 106 countries across four continents.
What is the Geneva Banana Agreement?
On 9 June 2010, the EU and Brazil, Colombia, Costa Rica, Ecuador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Peru and Venezuela entered into the Geneva Agreement on Trade in Bananas, which agreed a scale of diminishing tariffs on EU fresh banana imports applicable from 2009 until 1 January 2017 and extinguished …
What exception from MFN are permitted by the WTO?
What is MFN rule?
OVERVIEW OF RULES. “Most-Favoured-Nation” (“MFN”) treatment — requires Members to accord the most favourable tariff and regulatory treatment given to the pro- duct of any one Member at the time of import or export of “like products” to all other Members. This is a bedrock principle of the WTO.
When did the Lome agreement end?
Lomé III came into force in March 1985 (trade provisions) and May 1986 (aid), and expired in 1990; it increased commitments to EUA 8.5 billion.
Why is the EC-bananas case still going on?
EC-Bananas IIIhas ongoing for nearly 15 years due to the EU’s failure to implement a WTO- compliant banana import regime. The Latin American plaintiffs, whose economies rely strongly on banana exports, have hence suffered substantial losses from foregone market access and legal costs.
What was the complaint to the WTO about bananas?
The complainants alleged that the European Communities’ regime for importation, sale and distribution of bananas is inconsistent with Articles I, II, III, X, XI and XIII of the GATT 1994 as well as provisions of the Import Licensing Agreement, the Agreement on Agriculture, the TRIMs Agreement and the GATS.
What was the banana dispute in the EU?
The dispute involves the EU’s regulatory regime for imported bananas, enacted in 1993.(1) Prior to 1992 each of the 12 EU member states had its own banana import regime. Germany operated on a free market system and had no import restrictions. The other 11 members imposed a 20% tariff, and 6 members (France, Italy,…
How are bananas tariffed in the European Union?
Under this complex system banana imports were subject to one of two two-tier tariff rate quota systems based on their country of origin. ACP bananas received duty-free entry up to a ceiling of 857,7000 metric tons, allocated to each of the banana-producing countries on the basis of their historic exports to the EU.