WORLD TRADE
ORGANIZATIONWT/DS27/48
2 March 1999
(99-0802)
Original:  English
EUROPEAN COMMUNITIES – REGIME FOR THE IMPORTATION,
SALE AND DISTRIBUTION OF BANANAS
Arbitration under Article 22.6 of the DSU
Communication from the Arbitrators
The following communication, dated 2 March 1999, from the Chairman of the Arbitrators,
Mr. Stuart Harbinson, to the Chairman of the Dispute Settlement Body, is circulated in accordance
with the request of the Arbitrators.
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On 29 January 1999, the Dispute Settlement Body decided to submit the above matter to the
arbitration of the original panel in accordance with Article 22.6 of the DSU.
I write to inform you that the Arbitrators have today issued an initial decision to the parties in
which we rule on matters related to the scope of our work and to certain aspects of the methodology
and calculations of the United States for determining the level of suspension of concessions.  In
addition, we have requested the parties to supply us with additional information.  This information
should enable us to take a final view on the level of nullification or impairment based on the WTOinconsistency, if any, of the revised EC banana regime, and, if relevant, to determine the level of
suspension of concessions or other obligations equivalent to the level of such nullification or
impairment.  Following our receipt and analysis of that information, we expect to be in a position to
issue a final decision in this matter soon thereafter.
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