INTRODUCTION

1.1 On 28 November 2006, Ecuador requested consultations with the European Communities, under Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), regarding measures taken by the European Communities allegedly to comply with the recommendations and rulings of the Dispute Settlement Body (DSB) in the dispute European Communities – Regime for the Importation, Sale and Distribution of Bananas (EC – Bananas III). According to the request, the measures identified (i.e., those contained in Council Regulation (EC) No. 1964/2005 and its associated implementing regulations), are inconsistent with the obligations of the European Communities under Articles I, II and XIII of the GATT 1994. Consultations were held on 14 December 2006, but failed to resolve the disagreement between the parties.

1.2 On 23 February 2007, Ecuador requested the establishment of a panel pursuant to Article 21.5 of the DSU concerning the alleged inconsistency of the measures adopted by the European Communities to comply with the rulings and recommendations of the DSB in the dispute EC – Bananas III and subsequent related rulings.

1.3 At its meeting on 20 March 2007, the DSB decided, in accordance with Article 21.5 of the DSU, to refer to the original Panel, if possible, the matter raised by Ecuador in document WT/DS27/80.