WORLD TRADE
ORGANIZATIONWT/DS193/2
7 November 2000
(00-4761)
Original:  English
CHILE – MEASURES AFFECTING THE TRANSIT AND
IMPORTATION OF SWORDFISH
Request for the Establishment of a Panel by the European Communities
The following communication, dated 6 November 2000, from the Permanent Delegation of
the European Commission to the Chairman of the Di spute Settlement Body, is circulated pursuant to
Article 6.2 of the DSU.
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The European Communities (the "EC") requests the establishment of a panel pursuant to
Article 6 of the Understanding on Rules and Procedur es Governing the Settlement of Disputes (DSU)
and Article XXIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) regarding the
prohibition on unloading of swordfish in Chilean ports established on the basis of Article 165 of theChilean Fishery Law (Ley General de Pesca y Acuicultura), as consolidated by Presidential Supreme
Decree 430 of 28 September 1991 and measures of conservation and management adopted pursuant
thereto, and in force on the date of adoption of Decree 598 of 15 October 1999 and extended by that
Decree to the population of swordfish in areas of the high seas.
On 19 April 2000, the EC requested consultations with Chile with a view to reach a mutually
satisfactory solution of the matter.  The request was circulated in document WT/DS193/1 dated26 April 2000.  Such consultations, which were held on 14 June 2000 in Geneva, have allowed a
better understanding of the respective positions, but have not led to a satisfactory resolution of the
matter.
Community fishing vessels operating in the South East Pacific are not allowed under Chilean
legislation to unload their swordfish in Chilean ports either to land them for warehousing or to
tranship them onto other vessels.  Consequently, Chile makes transit through its ports impossible for
swordfish.  This prohibition also renders impossible the importation of the affected catches into Chile.
The EC considers that the above mentioned prohibition is inconsistent with Articles V:1-3
and XI:1 of the GATT 1994 and, as a result, nullifies benefits accruing to the EC under that
agreement.
The EC requests that the panel be established with the standard terms of reference as provided
for in Article 7 of the DSU.
The EC asks that this request be placed on the agenda for the next meeting of the Dispute
Settlement Body.
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