Decisions of the Appellate Body of the World Trade Organization Current Survey European Communities--Measures Affecting the Importation of Certain Poultry Products 2. Facts This dispute arose from negotiations carried out between the European Communities (EC), on the one hand, and ten interested contracting parties, including Brazil, pursuant to art. XXVIII of GATT 1947. These negotiations followed adoption of the 1992 panel report on European Economic Community--Payments and Subsidies Paid to Processors and Producers of Oilseeds and Related Animal-feed Proteins.1 Pursuant to these negotiations, the EC and Brazil signed agreed minutes on 31 January 1994 (the “Oilseeds Agreement”), providing for a global annual duty-free tariff-rate quota of 15,500 tons of frozen poultry meat. EC implementing legislation provided for administration through an import licensing procedure for imports within this quota. Of the 15,500-ton duty-free quota, the EC had allocated 7,100 tons annually to Brazil.2 Brazil argued that the tariff-rate quota on frozen poultry meat should have been allocated by the EC exclusively to Brazil, and not shared on an MFN basis. Brazil further argued that the EC had violated the Agreement on Import Licensing Procedures by distorting trade in frozen poultry meat by virtue of its licensing regime. Finally, Brazil argued that the EC had improperly invoked a special safeguard provision under the Agreement on Agriculture, by using the wrong calculation of prices under that Agreement. 1 Adopted 25 January 1990, BISD 37S/86; DS28/R, 31 March 1992. 2 Panel Report, European Communities--Measures Affecting the Import of Certain Poultry Products, WT/DS69/R (98-1710), 12 March 1998 [hereinafter, “Panel Report”], para. 193. The Panelists were Wilhelm Maier, Peter May and Magda Shahin.
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