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> EC — Poultry,
B.2.1 EC — Poultry, para. 79
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In our view, it is not necessary to have recourse to either Article
59.1 or Article 30.3 of the Vienna Convention, because the text
of the WTO Agreement and the legal arrangements governing the
transition from the GATT 1947 to the WTO resolve the issue of the
relationship between Schedule LXXX and the Oilseeds Agreement in this
case. Schedule LXXX is annexed to the Marrakesh Protocol to the
General Agreement on Tariffs and Trade 1994 (the “Marrakesh
Protocol”), and is an integral part of the GATT 1994. As such, it
forms part of the multilateral obligations under the WTO Agreement.
The Oilseeds Agreement, in contrast, is a bilateral agreement negotiated
by the European Communities and Brazil under Article XXVIII of the GATT
1947, as part of the resolution of the dispute in EEC — Oilseeds.
As such, the Oilseeds Agreement is not a “covered agreement” within
the meaning of Articles 1 and 2 of the DSU. Nor is the Oilseeds
Agreement part of the multilateral obligations accepted by Brazil and
the European Communities pursuant to the WTO Agreement, which
came into effect on 1 January 1995. The Oilseeds Agreement is not cited
in any Annex to the WTO Agreement. Although the provisions of
certain legal instruments that entered into force under the GATT 1947
were made part of the GATT 1994 pursuant to the language in Annex 1A
incorporating the GATT 1994 into the WTO Agreement, the Oilseeds
Agreement is not one of those legal instruments.
The texts reproduced here do not have the legal standing of the original
documents which are entrusted and kept at the WTO Secretariat in Geneva.