DISPUTE SETTLEMENT

DS: Mexico — Certain Measures Preventing the Importation of Black Beans from Nicaragua

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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Current status

 

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Key facts

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Complainant:

Respondent:

Third Parties:

Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

 

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Latest document

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Nicaragua.

On 17 March 2003, Nicaragua requested consultations with Mexico regarding certain measures imposed by Mexico, which prevent the importation of black beans from Nicaragua. These measures include:

  • The administration of the procedures set out in Official Standard 006-FITO-95 and Official Standard 028-FITO-95, including the refusal of the competent Mexican authorities to furnish importers with the document containing the phytosanitary requirements necessary for the importation of black beans from Nicaragua;
     
  • The more favourable treatment that the competent Mexican authorities accord in the administration of the above procedures to like products originating in countries other than Nicaragua;
     
  • The failure to publish the specific phytosanitary requirements for the importation of black beans from Nicaragua; and
     
  • The failure to publish the rules, requirements and procedures concerning the tender for the quota allocation of black beans from Nicaragua.

In Nicaragua’s view, the above measures are inconsistent with Mexico’s obligations under Articles I:1, X:1, X:3(a), XI:1 and XIII:1 of the GATT 1994 and Articles 1.2, 1.3, 1.4(a) and 2.2(a) of the Licensing Agreement. In addition, Nicaragua claims that, if the above measures are sanitary or phytosanitary measures as defined in the SPS Agreement, they would also be inconsistent with Articles 2.1, 2.2, 2.3, 5.1, 7 and paragraph 1 of Annex B of the SPS Agreement.

On 27 March 2003, the United States requested to join the consultations. On 28 March 2003, Canada requested to join the consultations.

 

Withdrawal/termination

On 8 March 2004, Nicaragua informed the DSB that it wished formally to withdraw the request for consultations as its complaints had been adequately addressed as a result of negotiations with Mexico.

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