EUROPEAN COMMUNITIES - REGIME FOR THE IMPORTATION,
SALE
AND DISTRIBUTION OF BANANAS
Surveillance
of Implementation of Recommendations and Rulings
Request
for Arbitration by
Ecuador, Guatemala, Honduras, Mexico and
the United States
The following
communication, dated 17 November 1997, from Ecuador, Guatemala, Honduras,
Mexico and the United States to the Chairman of the Dispute Settlement Body, is
circulated at the request of these delegations.
_______________
On 25 September, the
Dispute Settlement Body adopted recommendations and rulings in respect of the
panel and Appellate Body reports in European Communities - Regime for the
Importation, Sale and Distribution of Bananas.
On 16 October 1997, the EC announced to the DSB that it would require a
“reasonable period of time” in order to “comply with its international
obligations”.
Since 29 October, pursuant
to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), we have attempted to reach agreement with the EC
on a “reasonable period of time” for the EC’s implementation of all the DSB
rulings and recommendations. However, we
have been unable to make progress. The
EC representative has informed us that he is “not authorized” to confirm that
such period of time as may be agreed upon is the period in which the EC intends
to implement the DSB recommendations and rulings. Such refusal is particularly unfortunate
given the plain text of the DSU and the long history of this dispute. In light of the uncertainty which such
refusal casts upon any period of time to which our governments are being asked
to agree, the governments of Ecuador, Guatemala, Honduras, Mexico and the
United States are compelled to request with this letter that the “reasonable
period of time” be determined by binding arbitration pursuant to Article
21.3(c).