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ON THIS PAGE:
> EC — Bananas III, para. 193
> EC — Bananas III, para. 197
> EC — Poultry, para. 121
> EC — Bananas III, paras. 203-204
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L.2.1 EC — Bananas III, para. 193 back to top
(WT/DS27/AB/R)
… Although the precise terms of Article 1.1
do not say explicitly that licensing procedures for tariff quotas are
within the scope of the Licensing Agreement, a careful reading of
that provision leads inescapably to that conclusion. …
L.2.2 EC
— Bananas III, para. 197 back to top
(WT/DS27/AB/R)
… By its very terms, Article 1.3 of the Licensing
Agreement clearly applies to the application and administration
of import licensing procedures, and requires that this application and
administration be “neutral … fair and equitable”. Article 1.3 of
the Licensing Agreement does not require the import licensing rules,
as such, to be neutral, fair and equitable. …
… none of the provisions of the Licensing
Agreement concerns import licensing rules, per se. As
is made clear by the title of the Licensing Agreement, it
concerns import licensing procedures. The preamble of the Licensing
Agreement indicates clearly that this agreement relates to import
licensing procedures and their administration, not to import licensing
rules. Article 1.1 of the Licensing Agreement defines its scope
as the administrative procedures used for the operation of import
licensing regimes.
L.2.3 EC
— Poultry, para. 121
back to top
(WT/DS69/AB/R)
… The requirement to prevent trade
distortion found in Articles 1.2 and 3.2 of the Licensing Agreement
refers to any trade distortion that may be caused by the
introduction or operation of licensing procedures, and is not
necessarily limited to that part of trade to which the licensing
procedures themselves apply. There may be situations where the operation
of licensing procedures, in fact, have restrictive or distortive effects
on that part of trade that is not strictly subject to those procedures.
L.2.4 EC
— Bananas III, paras. 203-204 back to top
(WT/DS27/AB/R)
… We attach no significance to the
difference in the phrases “neutral in application and administered in
a fair and equitable manner” in Article 1.3 of the Licensing
Agreement and “administer in a uniform, impartial and reasonable
manner” in Article X:3(a) of the GATT 1994. In our view, the two
phrases are, for all practical purposes, interchangeable. We agree,
therefore, with the Panel’s interpretation that the provisions of
Article X:3(a) of the GATT 1994 and Article 1.3 of the Licensing
Agreement have identical coverage.
Although Article X:3(a) of the GATT 1994 and
Article 1.3 of the Licensing Agreement both apply, the Panel, in
our view, should have applied the Licensing Agreement first,
since this agreement deals specifically, and in detail, with the
administration of import licensing procedures. If the Panel had done so,
then there would have been no need for it to address the alleged
inconsistency with Article X:3(a) of the GATT 1994.
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