Dispute Settlement DS220

22/05/2013 12:00 - 555 total view

Chile — Price Band System and Safeguard Measures Relating to Certain Agricultural Products

In consultations on 5 January 2001

Key facts

Short title:
Complainant: Guatemala
Respondent: Chile
Third Parties:
Agreements cited:
(as cited in request for consultations)
Agriculture: Art. 4
GATT 1994: Art. IIXIX
Safeguards: Art. 2345,6812
Request for Consultationsreceived: 5 January 2001

Summary of the dispute to date

The summary below was up-to-date at 24 February 2010 

Consultations

Complaint by Guatemala.

On 5 January 2001, Guatemala requested consultations with Chile concerning:

  1. the Chilean legislation regarding safeguards and price band systems, including Law 18.525, as subsequently amended by Law 18.591 and Law 19.546, as well as implementing regulations and complementary and/or amending provisions;
  2. the initiation of an investigation regarding products subject to the price band system contained in notification G/SG/N/6/CHL/2, the conduct of the investigation, the preliminary determination contained in notification G/SG/N/7/CHL/2/Suppl.1, and the definitive determination contained in notificationsG/SG/N/8/CHL/1G/SG/N/10/CHL/1G/SG/N/8/CHL/1/Suppl.1and G/SG/N/10/CHL/1/Suppl.1; these notifications indicate that wheat, wheat flour, sugar and edible vegetable oils are subject to said safeguard measures;
  3. the request for an extension of these measures contained in notifications G/SG/N/10/CHL/1/Suppl.2 andG/SG/N/10/CHL/1/Suppl.2/Corr.1.

Guatemala considered that the measures referred to:

  • under (1) are inconsistent with, inter alia, Article II of GATT 1994 and Article 4 of the Safeguards Agreement,
  • under (2) are inconsistent with, inter alia, Articles 2, 3, 4, 5, 6 and 12 of the Safeguards Agreement, and Article XIX:1 of GATT 1994, and
  • under (3) appears to be inconsistent with, inter alia, Chile’s obligations under GATT 1994 and Articles 2, 3, 4, 5, 6, 8 and 12 of the Safeguards Agreement.