DS: European Communities — Regime for the Importation of Bananas

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


Complaint by Panama.

On 27 June 2007, Panama requested consultations with the European Communities concerning its regime for the importation of bananas that has applied since 1 January 2006.

The request for consultations concerns EC Council Regulation 1964 and its associated implementing regulations, which Panama considers to accord significantly differentiated access treatment to ACP and MFN bananas, and creates new restrictions on MFN access. Panama claims that the measures are inconsistent with:

  • Article I:1 of the GATT 1994 in view of the different tariff treatment applicable to ACP and MFN banana-supplying countries;
  • Articles II and XXVIII of the GATT 1994 in view of the “autonomous” 176€/mt tariff now applicable to MFN bananas and certain other bananas not benefitting from the tariff rate quota; and
  • Article XIII:1 and XIII:2 of the GATT 1994 in view of the tariff rate quota reserved exclusively for bananas of ACP origin.


Mutually agreed solution

On 8 November 2012, the European Union and Panama notified the DSB of a mutually agreed solution pursuant to Article 3.6 of the DSU.


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