Dispute Settlement Reports 2005

European Communities - Export Subsidies on Sugar, Complaint by Brazil (WT/DS266) Report of the Panel 6793(11) Introduction 6804(3) Terms of reference 6805(1) Panel composition 6805(1) Third parties 6806(1) Organizational meeting 6806(1) Meetings with the parties and third parties 6806(1) Reports 6806(1) Preliminary Rulings by the Panel and Other Issues 6807(5) Notification of third parties' interest 6807(1) Third parties enhanced rights 6807(2) Request for additional working procedures for the protection of proprietary information 6809(2) Amicus curiae 6811(1) Breach of confidentiality 6811(1) Factual Aspects 6812(4) Product coverage 6812(1) Quotas 6812(1) Intervention price 6813(1) Basic and minimum prices 6813(1) Basic production levy and B levy 6814(1) Import and export licences 6814(1) Export refunds 6814(1) Management Committee for Sugar 6815(1) Commitments 6815(1) Preferential import arrangements 6815(1) Review 6815(1) Main Arguments 6816(101) Parties' Requests for findings 6816(4) Terms of reference 6820(5) Provisions and measures at issue 6820(4) Procedural matters 6824(1) Burden of Proof 6825(2) Quantitative aspect 6825(1) Export subsidization aspect 6826(1) C Sugar 6827(53) Article 9.1(c) of the Agreement on Agriculture 6828(1) ``Payment'' 6828(14) ``Financed by virtue of governmental action'' 6842(6) ``Payment on the export'' 6848(4) In the alternative, Article 10.1 of the Agreement on Agriculture 6852(1) Item (d) of the Illustrative List of Export Subsidies 6853(4) Article 1.1 of the SCM Agreement 6857(3) Good faith 6860(1) Exports of C sugar were consistent with the reduction commitments 6860(11) Good faith and estoppel 6871(9) ACP/India ``equivalent'' sugar 6880(23) Article 9.1(a) of the Agreement on Agriculture 6880(2) Exemptions through unilateral insertions in Schedules 6882(15) Application of the footnote to ``ACP/India equivalent sugar'' 6897(4) Good faith and estoppel 6901(2) Article 3 of the SCM Agreement 6903(10) Nullification or Impairment 6913(4) Arguments by Third Parties 6917(29) Interim Review 6946(3) Editorial and other changes 6946(1) Terms of reference 6946(2) There are no ``c sugar producers'' and no ``C beet growers'' as such 6948(1) A reference to the european communities' commitments for budgetary outlays 6948(1) Panel's exercise of judicial economy over the scm claims 6949(1) Findings 6949(402) Main claims and general arguments of the parties 6949(1) Procedural issues in this dispute 6950(26) The European Communities' challenges of the Panel's jurisdiction under its terms of reference 6950(1) The timing of objections to the Panel's jurisdiction 6951(1) The Complainants' requests for establishment of a panel 6952(4) Alleged lack of proper identification of the ``measures'' covered by the claims under Article 10.1 of the Agreement on Agriculture 6956(1) Alleged lack of proper identification of ``payments'' as distinct measures or distinct claims under Articles 3, 8 (and 9.1(c)) of the Agreement on Agriculture 6956(1) Arguments of the parties 6956(2) Assessment by the Panel 6958(3) Alleged lack of proper identification of ``claims'' under Article 9.2(b)(iv) of the Agreement on Agriculture 6961(1) Arguments of the parties 6961(1) Assessment by the Panel 6962(2) Alleged lack of proper identification of claims in relation to Footnote 1 to the EC's Schedule (ACP/India sugar) 6964(1) Arguments of the parties 6964(1) Assessment by the Panel 6965(1) European Communities' allegation that the Complainants are ``estopped'' from pursuing this dispute 6966(1) Arguments of the parties 6966(1) Assessment by the Panel 6967(4) The amicus curiae of WVZ 6971(1) Factual background 6971(1) Assessment by the Panel 6972(1) Breach of confidentiality 6973(1) Factual background 6973(2) Assessment by the Panel 6975(1) Order of analysis by the panel 6976(1) The European Communities' export subsidy commitment levels for subsidized exports of sugar 6977(33) Introduction 6977(1) What is the European Communities' commitment level in light of the ACP/India sugar Footnote? 6978(1) Arguments of the parties 6978(2) Assessment by the Panel 6980(1) Introduction 6980(2) The obligations of the Agreement on Agriculture with respect to export subsidies -- Articles 3, 8 and 9 of the Agreement on Agriculture 6982(5) The interpretation of terms included in WTO Members' Schedules 6987(3) The issue of ``conflict'' between provisions of a Member's Schedule and provisions of the Agreement on Agriculture 6990(4) Interpretation of the European Communities' Footnote 1 on ACP/India sugar: 6994(9) Conclusion on the legal value and effect of the ACP/India sugar Footnote 7003(1) Was the European Communities authorized to deviate from the Agreement on Agriculture's basic obligations through a negotiated departure from the Modalities Paper? 7004(1) Arguments of the parties 7004(1) Assessment by the Panel 7005(5) Conclusion on the European Communities' commitment level for exports of subsidized sugar 7010(1) Is the European Communities exporting subsidized sugar in quantities exceeding its level of commitment contrary to Articles 3, 8 and 9 of the Agreement on Agriculture? 7010(35) The burden of proof of Article 10.3 of the Agreement on Agriculture 7010(2) The application of the special rule on the burden of proof to this dispute 7012(1) The quantitative aspect 7012(1) The subsidization aspects of the claim 7012(1) Has the European Communities demonstrated that its exports of ACP/India equivalent sugar are not subsidized? 7012(1) Arguments of the parties 7012(1) Assessment by the Panel 7013(1) Has the European Communities demonstrated that its exports of C sugar are not subsidized? 7014(1) Introduction 7014(1) Arguments of the parties 7014(1) Assessment by the Panel 7015(1) The Panel's understanding of the EC sugar regime 7015(2) Article 9.1(c) of the Agreement on Agriculture 7017(1) Does the sale of C beet to C sugar producers constitute a payment on export financed by virtue of governmental action? 7018(12) Does the cross-subsidization resulting from the EC sugar regime constitute a payment on exports by virtue of governmental action? 7030(11) Overall conclusion 7041(1) The interpretation and correction of the European Communities' Schedule in light of the Modalities Paper 7041(1) Arguments of the parties 7041(2) Assessment by the Panel 7043(2) Article 10.1 of the Agreement on Agriculture 7045(1) Arguments of the parties 7045(1) Assessment by the Panel 7045(1) Nullification or impairment 7045(5) Arguments of the parties 7045(2) Assessment by the Panel 7047(3) Article 3 of the SCM Agreement 7050(21) Arguments of the parties 7050(21) European Communities - Export Subsidies on Sugar, Complaint by Thailand (WT/DS283) Report of the Panel 7071(280) Cumulative List of Published Disputes 7351