Chile — Safeguard Measures and Modification of Schedules Regarding Sugar

Summary up-to-date at 30 May 2008  

Consultations requested — no panel established nor settlement notified

Complaint by Colombia.

On 17 April 2001, Colombia requested consultations with Chile concerning the definitive safeguard measures imposed by Chile on 20 January 2000 in respect of a number of agricultural products, including sugar, and extended in November 2000 for the duration of one year; and Chile’s decision of 14 March 2001 not to recognize Colombia’s substantial interest to be consulted with respect to the modification of concessions regarding, inter alia, refined sugar (HS sub-heading 17.01.99.00).

In November of 2000, Chile had notified its intention to modify these concessions pursuant to Article XXVIII of GATT 1994. According to Colombia, the above measures are inconsistent with Chile’s obligations under the following provisions Articles 2, 3, 4, 5, 7, 9 and 12 of the Safeguards Agreement; Articles II, XIX and XXVIII of GATT 1994; and the Understanding on the Interpretation of Article XXVIII of the GATT 1994 and the Guidelines of 10 November 1980 regarding Procedures for Negotiations under Article XXVIII.

According to Colombia, the Chilean measures, taken together or individually, appear to nullify and impair benefits accruing to Colombia under the cited agreements. As indicated by Colombia in its request, this new request replaces in its totality the request for consultations by Colombia circulated as WT/DS228/1.