The formal agreement followed the agreement reached by the EU in December 2009 to gradually reduce tariffs on Latin American bananas. The US-EU banana agreement is available on the USTR website under www.ustr.gov/webfm_send/1958 the European Union and ten Latin American countries have signed an agreement to officially end eight separate World Trade Organization (WTO) cases. On 3 May 2001, the European Communities reported to the Member Dispute Settlement State that intensive discussions had taken place with the United States and Ecuador, as well as with other banana supplier countries, including other co-applicants, to jointly determine ways to resolve the long-standing dispute over the EU banana import regime. In accordance with Article 16, paragraph 1, of Regulation (EC) No. 404/93 amended by Regulation (EC) No. 216/2001 of the Council), the EC will introduce a tariff regime for banana imports by 1 January 2006. Negotiations on the doors under Article XXVIII are beginning to do so in time. During the transition period beginning on 1 July 2001, the European Communities will establish an import regime based on three tariff quotas to be allocated on the basis of historical licences. The arbitrator`s decision on Ecuador`s request to suspend concessions was put into circulation by the members on 24 March 2000. The Arbitrator found that the amount of Ecuador`s cancellation and allocation amounted to USD201.6 million per year.

The Adjudicator found that: Ecuador`s request for retaliation did not meet the principles and procedures for challenging Article 22.3, in particular with regard to the suspension of the 1994 GATT concessions for products for final consumption and that the suspension requested by Ecuador exceeded the amount of cancellation and infringement it had suffered as a result of non-compliance with the EU import regime for bananas under the PCT. Accordingly, the Arbitrator found that Ecuador could seek DSB authorization to suspend concessions or other commitments under the 1994 GATT (excluding capital goods or primary goods used as inputs in manufacturing and processing industries); under the GATS, wholesale services (CPC 622) in key distribution services; and to the extent that the suspension requested under GATT 1994 and GATS was not sufficient to achieve the level of cancellation and infringement set by the arbitrator under the TRIPS agreement in the following areas: Section 1 (copyright and neighbouring rights); Article 14 on the protection of performers, phonogram producers and broadcasters), Section 3 (geographic indications), section 4 (industrial designs).

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