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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Complaint by the European Communities.
This request, dated 26 March 1997, is in
respect of a procurement tender published by the Ministry of Transport (MoT)
of Japan to purchase a multi-functional satellite for Air Traffic
Management. The EC contends that the specifications in the tender were
not neutral but referred explicitly to US specifications. This meant,
the EC contends, that European bidders could effectively not participate
in the tender. The EC alleges inconsistency of this tender with Annex I
of Appendix I of Japan’s commitments under the Government Procurement
Agreement (GPA). The EC also alleges violations of Articles VI(3) and
XII(2) of the GPA.
Mutually agreed solution
On 31 July 1997, the EC notified the Secretariat that
a mutually agreed solution had been reached with Japan in this dispute.
On 19 February 1998, the two parties communicated the text of their
agreement to the DSB.
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