1. The Chilean prohibition on unloading of swordfish catches in Chilean ports appears to be inconsistent with the obligations of that country under the Marrakesh Agreement Establishing the World Trade Organisation and constitutes an "obstacle to trade" within the meaning of Article 2(1) of Regulation (EC) No 3286/94.
2. The Community will initiate dispute settlement proceedings against Chile under the Understanding on the Rules and Procedures for the Settlement of Disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.
This Decision shall apply from the day of its publication in the Official Journal of the European Communities.
Done at Brussels, 5 April 2000.
For the Commission
Pascal Lamy
Member of the Commission
(1) OJ L 349, 31.12.1994, p. 71.
(2) OJ L 41, 23.2.1995, p. 3.
(3) Notice of initiation of an examination procedure concerning an obstacle to trade, within the meaning of Council Regulation (EC) No 3286/94, consisting of trade practices maintained by Chile in relation to the transit and transhipment of swordfish in Chilean ports (OJ C 215, 10.7.1998, p. 2).
(4) The Appellate Body report "United States - import prohibition of certain shrimp and shrimp products" (WT/DS58/AB/R) was adopted on 12 October 1998, paragraphs 171 and 172.
(5) The Appellate Body report "United States - standards for reformulated and conventional gasoline" (WT/DS2/AB/R) was adopted on 20 May 1996.
(6) See paragraph 186 of the Appellate Body report, referred to in footnote 4.
