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ON THIS PAGE:
> EC — Bananas III, para. 193
> EC — Bananas III, para. 197
> EC — Poultry, para. 121
> EC — Bananas III, paras. 203-204
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L.2.1 EC — Bananas III,
para. 193 back to top
(WT/DS27/AB/R)
… Although the precise terms of Article 1.1 do not say explicitly
that licensing procedures for tariff quotas are within the scope of the Licensing
Agreement, a careful reading of that provision leads inescapably to
that conclusion. …
L.2.2 EC — Bananas III, para. 197
back to top
(WT/DS27/AB/R)
… By its very terms, Article 1.3 of the Licensing Agreement clearly
applies to the application and administration of import
licensing procedures, and requires that this application and
administration be “neutral … fair and equitable”. Article 1.3 of
the Licensing Agreement does not require the import licensing rules,
as such, to be neutral, fair and equitable. …
… none of the provisions of the Licensing Agreement concerns
import licensing rules, per se. As is made clear by the
title of the Licensing Agreement, it concerns import licensing procedures.
The preamble of the Licensing Agreement indicates clearly that
this agreement relates to import licensing procedures and their
administration, not to import licensing rules. Article 1.1 of the Licensing
Agreement defines its scope as the administrative procedures used
for the operation of import licensing regimes.
L.2.3 EC — Poultry, para. 121 back to top
(WT/DS69/AB/R)
… The requirement to prevent trade distortion found in Articles
1.2 and 3.2 of the Licensing Agreement refers to any trade
distortion that may be caused by the introduction or operation of
licensing procedures, and is not necessarily limited to that part of
trade to which the licensing procedures themselves apply. There may be
situations where the operation of licensing procedures, in fact, have
restrictive or distortive effects on that part of trade that is not
strictly subject to those procedures.
L.2.4 EC — Bananas III, paras. 203-204
back to top
(WT/DS27/AB/R)
… We attach no significance to the difference in the phrases “neutral
in application and administered in a fair and equitable manner” in
Article 1.3 of the Licensing Agreement and “administer in a
uniform, impartial and reasonable manner” in Article X:3(a) of the
GATT 1994. In our view, the two phrases are, for all practical purposes,
interchangeable. We agree, therefore, with the Panel’s interpretation
that the provisions of Article X:3(a) of the GATT 1994 and Article 1.3
of the Licensing Agreement have identical coverage.
Although Article X:3(a) of the GATT 1994 and Article 1.3 of the Licensing
Agreement both apply, the Panel, in our view, should have applied
the Licensing Agreement first, since this agreement deals
specifically, and in detail, with the administration of import licensing
procedures. If the Panel had done so, then there would have been no need
for it to address the alleged inconsistency with Article X:3(a) of the
GATT 1994.
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