DISPUTE SETTLEMENT

DS: Chile — Price Band System and Safeguard Measures Relating to Certain Agricultural Products

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Guatemala.

On 5 January 2001, Guatemala requested consultations with Chile concerning:

  1. the Chilean legislation regarding safeguards and price band systems, including Law 18.525, as subsequently amended by Law 18.591 and Law 19.546, as well as implementing regulations and complementary and/or amending provisions;
     
  2. the initiation of an investigation regarding products subject to the price band system contained in notification G/SG/N/6/CHL/2, the conduct of the investigation, the preliminary determination contained in notification G/SG/N/7/CHL/2/Suppl.1, and the definitive determination contained in notifications G/SG/N/8/CHL/1, G/SG/N/10/CHL/1, G/SG/N/8/CHL/1/Suppl.1 and G/SG/N/10/CHL/1/Suppl.1; these notifications indicate that wheat, wheat flour, sugar and edible vegetable oils are subject to said safeguard measures;
     
  3. the request for an extension of these measures contained in notifications G/SG/N/10/CHL/1/Suppl.2 and G/SG/N/10/CHL/1/Suppl.2/Corr.1.

Guatemala considered that the measures referred to:

  • under (1) are inconsistent with, inter alia, Article II of GATT 1994 and Article 4 of the Safeguards Agreement,
     
  • under (2) are inconsistent with, inter alia, Articles 2, 3, 4, 5, 6 and 12 of the Safeguards Agreement, and Article XIX:1 of GATT 1994, and
     
  • under (3) appears to be inconsistent with, inter alia, Chile’s obligations under GATT 1994 and Articles 2, 3, 4, 5, 6, 8 and 12 of the Safeguards Agreement.

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