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This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members. The summary below was up-to-date at. Complaint by the European Communities.
See also DS and DS On 23 Junethe European Communities requested consultations Its All Over Now Baby Blue - Manfred Manns Earth Band - Glorified Magnified China with respect to China's restraints on the export from China of various forms of raw materials. The European Communities cites 32 measures through which China allegedly imposes restraints on the exports in question and note that there appear to be additional unpublished restrictive measures.
The European Communities considers that China, through these measures as well as any amendments, replacements, related measures, and implementing measures, is in violation of:. The European Communities considers that the measures also appear to nullify or impair the benefits accruing to the European Communities directly or indirectly under the cited agreements. On 4 Novemberthe European Communities requested the establishment of a panel. Subsequently, Saudi Arabia reserved its third-party rights.
On 19 Octoberthe Chairman of the panel informed the DSB that the panel would not be able to issue its report within six months. The timetable agreed after consultations with the parties envisages the proceedings will be finalized by April The panel expects to conclude its work within that time-frame.
On 5 Julythe panel report was circulated to Members. This dispute concerns four types of export restraint that China imposes on the export of a number of raw materials. The raw materials subject to the export restraints are various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc. China is a leading producer of each of the raw materials which are used to produce everyday items as well as technology products.
The complainants argued that the use of export restraints creates scarcity and causes higher prices of the raw materials in global markets. They also provide Chinese domestic industry with a significant advantage by way of a sufficient supply, and lower and more stable prices for the raw materials. Upon its accession to the WTO, China undertook to eliminate all export duties taxes except for a number of products listed in an Annex to its Protocol of Accession.
In this Protocol, China also committed not to apply export quotas restrictions on the amount that can be exported. In one of its key findings, the Panel found that China's export duties were inconsistent with the commitments that China had agreed to in its Protocol of Accession.
The Panel also found that export quotas imposed by China on some of the raw materials were inconsistent with WTO rules. The Panel also considered that even if China were able to rely on certain exceptions available in the WTO rules to justify its export duties, it had not complied with the requirements of those exceptions. In particular, China had argued in its defence that some of its export duties and quotas Buongiorno Mirabella - Игорь Кисиль - Замкнутый круг.
Из Америки с любовью. justified because they related to the conservation of exhaustible natural resources for some of the raw materials. But China was not able to demonstrate that it imposed these restrictions in conjunction with restrictions on domestic production or consumption of the raw materials so as to conserve the raw materials. The Panel acknowledged, however, that China appears to be heading in the right direction in adopting a framework to justify its quotas under WTO rules, but that the framework is not yet WTO-consistent as it still has to be put into effect for domestic producers.
As for other of the raw materials, China had claimed that its export quotas and duties were necessary for the protection of the health of its citizens. China was unable to demonstrate that its export duties and quotas would lead to a reduction of pollution in the short- or long-term and therefore contribute towards improving the health of its people. The complainants were successful in most of their trading rights claims. The Panel also found that certain aspects of China's export licensing regime, applicable to several Mimeticaustic - Caustic - Unicorns, Kittens, And Shit Buongiorno Mirabella - Игорь Кисиль - Замкнутый круг.
Из Америки с любовью. products at issue, restrict the export of the raw materials and so are inconsistent with WTO rules. On 31 AugustChina notified the DSB of its decision to appeal certain issues of law and legal interpretations of the panel report. On 6 Septemberthe European Union notified the DSB of its decision to appeal certain issues of law and legal interpretations of the panel report.
The Appellate Body report will be circulated to Members no later than 31 January On 30 Januarythe Appellate Body report was circulated to Members. This dispute concerns certain measures imposed by China affecting the exportation of certain forms of bauxite, Buongiorno Mirabella - Игорь Кисиль - Замкнутый круг.
Из Америки с любовью. , fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorous, and zinc. Collectively, the complainants identified 40 specific Chinese measures in connection with their claims.
On appeal, the Appellate Body found that the Panel erred under Article 6. The Appellate Body reasoned that, in the light of the failure by the complainants to provide La Poda - Hugo Giménez Agüero - Patagonia Pura clear linkages between the broad range of obligations contained in provisions of the covered agreements allegedly violated, and the 37 challenged measures, Section III of the complainants' panel requests did not satisfy the requirement in Article 6.
Consequently, the Appellate Body declared moot and of no legal effect the Panel's findings regarding claims allegedly identified in Section III of the complainants' panel requests. In addition, the European Union filed a conditional other appeal in case the Appellate Body were to accept China's grounds for appeal and also reject the other appeals submitted Morse - Various - Real Ibiza³ - Chilling You Softly the United States and Mexico.
As the condition on which the United States and Mexico premised their request was not met, the Appellate Body found that there was no need to address the United States' and Mexico's conditional appeal. For the same reason, the Appellate Body did not address the European Union's conditional other appeal. The Appellate Body agreed with the Panel that such a restriction must be of a limited duration and not indefinite.
Note: 1. These claims related to export licensing requirements, minimum export price requirements, Buongiorno Mirabella - Игорь Кисиль - Замкнутый круг. Из Америки с любовью. administration and allocation of export quotas, and fees and formalities in connection with exportation. According to the notices, the application of export duties and export quotas to certain raw materials had been removed.
Through those measures, China had fully implemented the DSB's recommendations and rulings in these disputes. Problems viewing this page? If so, please contact webmaster wto. See also:. Summary of key findings. Share Follow this dispute Send me email alerts.
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