Retaliation
approved Back
to topCase
DS46: — Brazil: Export financing programme for
aircraft
The
DSB authorized retaliatory sanctions (officially known as
“suspension of concessions”) totalling C$344.2
million per year to be imposed by Canada against imports
from Brazil because Brazil has failed to implement a
ruling on export subsidies for aircraft.
Canada
based its request on an arbitration
report WT/DS46/ARB
which set the amount of “appropriate
countermeasures” at this level after Canada first
asked in May 2000 to impose retaliatory sanctions
totalling C$700 million per year.
In
a statement on “implementation of the DSB
recommendations WT/DS46/AB/R
”, Brazil announced that on 6 December 2000 it had
enacted new regulations for its aircraft financing
programme (called PROEX) that brought it in full
conformity with Brazil’s WTO obligations.
Canada
responded that, from its initial assessment,
Brazil’s proposal did not constitute compliance with
WTO agreements.
Japan
commented that the WTO Dispute Settlement Understanding
(DSU), the agreement that governs the dispute process,
provides no appropriate mechanism for dealing with how to
examine whether a government’s new measures comply
after sanctions have been authorized.
Panel
set up in a new case Back
to top
Case
DS193: — Chile: Measures affecting the transit and
importation of swordfish
Since
this was the second request from the EU, the DSB
automatically agreed to establish a panel to hear this
case.
The
EU complains that its “fishing vessels operating in
the South East Pacific are not allowed under Chilean
legislation to unload their swordfish in Chilean ports
either to land them for warehousing or to transship them
onto other vessels. Consequently Chile makes transit
through its ports impossible for swordfish. This
prohibition renders also impossible the importation of
the affected catches into Chile.” This, the EU
alleges, violates Article V of the General Agreement on
Tariffs and Trade, which deals with freedom of transit,
and GATT Article XI, which deals with eliminating
quantitative restrictions.
In
the meeting, the EU reiterated its preference for a
mutually-agreed solution and hoped an agreement on
sustainable fishing of swordfish would be reached with
Chile before the panelists are appointed. The EU said it
had put forward a compromise proposal at the end of
November.
Chile
said it had responded to the proposal and awaited
EU’s comments. Chile also said it hoped to reach an
agreement with the EU.
The
following countries requested to be third parties:
Australia, Canada, Ecuador, Iceland, India, Norway and
the United States.
First
time requests for panels to be set up Back
to top
Because
this was a first-time request and it was opposed, a panel
was not set up.
Case
DS204: — Mexico: Measures affecting
telecommunications services
Mexico
blocked the US’ first request for the establishment
of a panel, saying that the request did not indicate
clearly the trade measures at stake. The three-page US
request is document WT/DS204/2.
Status
reports: Surveillance of implementation of
recommendations adopted by the DSB Back
to top
Case DS156
— Guatemala — Definitive anti-dumping measures
on grey Portland cement from Mexico
Guatemala
announced it had removed the anti-dumping measures in
question and thus applied without delay the DSB
recommendations.
Mexico
thanked Guatemala for its information and its speed.
Case DS27
— European Communities: Regime for the importation,
sale and distribution of bananas
The
EU reported that it was finalizing its internal
decision-making process with a view to implementing
rapidly a WTO-compatible new import regime, based on a
“first come-first served” system (see document
WT/DS27/51/Add.14).
Colombia,
Panama, the United States, Guatemala, Honduras, and
Ecuador expressed concern that the EU was moving very
slowly and that the proposal would not resolve the issue.
Cases DS76
— Japan: Measures affecting agricultural products
Japan
(document WT/DS76/11/Add.10) and the US said they were
still consulting in an effort to sort out technical
questions to resolve this case.
Case DS103
— Canada: Measures affecting the importation of milk
and the exportation of dairy products
Canada
reported (document WT/DS103/12/Add.5 and
WT/DS113/12/Add.5) that new consultations with New
Zealand and the United States resulted in the extension
of the implementation deadline from 31 December 2000 to
31 January 2001.
New
Zealand expressed concern about the new export mechanisms
for dairy products put into place by Canada to implement
the DSB recommendations.
The
United States said it disagreed with Canada about whether
the actions taken to implement the DSB recommendations
are adequate.
Case DS90
— India: Quantitative restrictions on imports of
agricultural, textile and industrial products
India
(document WT/DS90/16/Add.4) repeated its intention to
implement by the deadline of 1 April 2001.
Case
DS34 — Turkey: Restrictions on imports of textile
and clothing products
Turkey
(document WT/DS34/12/Add.4) informed the DSB that Turkish
authorities had intensified their work with the intention
of finding the most appropriate solution.
India
regretted that Turkey did not give any clear indication
of the details of the progress made in implementing the
DSB recommendations. India also expressed concern
regarding the restrictions reportedly imposed recently by
the Turkish authorities on imports of fabric from India.
Case DS87
— Chile: Taxes on alcoholic beverages
Chile
(document WT/DS/87/17 and WT/DS/110/16) said it was
currently drafting a bill to fulfill the DSB
recommendations and that consultations had been held with
the Chilean private sector and account had been taken of
WTO Members’ views.
Agenda
items withdrawn Back
to top
Case DS141
— European Communities: Anti-dumping duties on
imports of cotton-type bed linen from India
This
item was removed from the agenda as the EU appealed the panel
report.
The
next regular meeting will be on 1 February 2001.
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