The Ministerial Conference,
Having
regard to the Guiding Principles to be followed in considering
applications for waivers adopted on 1 November 1956, the Understanding
in Respect of Waivers of Obligations under the General Agreement on
Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX of the
Marrakesh Agreement Establishing the World Trade Organization
(hereinafter “WTO Agreement”);
Taking
note of the request of the European Communities for a waiver from
its obligations under paragraphs 1 and 2 of Article XIII of the GATT
1994 with respect to bananas;
Taking
note of the understandings reached by the EC, Ecuador and the
United States that identify the means by which the longstanding
dispute over the EC’s banana regime can be resolved, in particular
their provision for a temporary global quota allocation for ACP banana
supplying countries under specified conditions;
Taking
into account the exceptional circumstances surrounding the
resolution of the bananas dispute and the interests of many WTO
members in the EC banana regime;
Recognizing
the need to afford sufficient protection to the ACP banana supplying
countries, including the most vulnerable, during a limited transition
period, to enable them to prepare for a tariff-only regime;
Noting
assurances given by the EC that it will, upon request, promptly enter
into consultations with any interested member with respect to any
difficulty or matter that may arise as a result of the implementation
of the tariff rate quota for bananas originating in ACP States;
Considering
that, in light of the foregoing, the exceptional circumstances
justifying a waiver from paragraphs 1 and 2 of Article XIII of the
GATT 1994 with respect to bananas exist;
Decides
as follows:
1.
With respect to the EC’s imports of bananas, as of 1 January 2002,
and until 31 December 2005, paragraphs 1 and 2 of Article
XIII of the GATT 1994 are waived with respect to the EC’s separate
tariff quota of 750,000 tonnes for bananas of ACP origin.
2.
The EC will, upon request, promptly enter into consultations with
any interested member with respect to any difficulty or matter that
may arise as a result of the implementation of the separate tariff
rate quota for bananas originating in ACP States covered by this
waiver; where a member considers that any benefit accruing to it
under the GATT 1994 may be or is being impaired unduly as a result
of such implementation, such consultations shall examine the
possibility of action for a satisfactory adjustment of the matter.
3.
Any member which considers that the separate tariff rate quota for
bananas originating in ACP States covered by this waiver is being
applied inconsistently with this waiver or that any benefit accruing
to it under the GATT 1994 may be or is being impaired unduly as a
result of the implementation of the separate tariff rate quota for
bananas originating in ACP States covered by this waiver and that
consultations have proved unsatisfactory, may bring the matter
before the General Council, which will examine it promptly and will
formulate any recommendations that they judge appropriate.
4.
This waiver shall not preclude the right of affected members to have
recourse to Articles XXII and XXIII of the GATT 1994.
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