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Published online by Cambridge University Press: 13 October 2017
The dispute concerns the GATT Article XXVIII negotiations of the European Union's (EU) Schedule of Concessions. The EU sought to modify its tariff concessions in respect of certain poultry products. The EU conducted this modification through two separate negotiations. The first round of negotiations were initiated in 2006 and covered the modification of tariff concessions on poultry products falling under HS Codes 0210 99 39, 1602 31, and 1602 32 19 (First Modification Package). The second round of negotiations began in 2009 and pertained to the modification of products falling under HS Codes 1602 20 10, 1602 32 11, 1602 32 30, 1602 32 90, 1602 39 21, 1602 39 29, 1602 39 40, and 1602 39 808 (Second Modification Package). In both rounds, the EU notified its intention to modify its tariff concessions under Article XXVIII of the GATT 1994. It subsequently entered into negotiations with Brazil and Thailand, which it considered to have the required legal interest to enter into these negotiations. The EU reached agreements with Brazil and Thailand and replaced its previous tariff concessions in respect of the tariff rate quotas (TRQs) for certain poultry products.
1 Panel Report, EU–Poultry Meat (China), paras. 2.2, 2.3.
2 Ibid. paras. 7.205–7.206.
3 Ibid para. 7.228.
4 Ibid. para. 7.235.
5 Ibid. para. 7.236.
6 Ibid. para. 7.254.
7 Ibid. para. 7.257.
8 Ibid. paras. 7.264, 7.277, 7.286
9 Ibid. para. 7.302.
10 Ibid. para. 7.303.
11 Ibid. para. 7.343. China had argued that its reduced ability to export due to the SPS measures was a ‘special factor’ that affected trade in the concerned poultry products.
12 Ibid. para. 7.378.
13 Ibid. para. 7.399.
14 Ibid. para. 7.406.
15 Ibid. para. 7.421.
16 Ibid. para. 7.437.
17 Ibid. para. 7.451.
18 Ibid. para. 7.464.
19 Ibid. para. 7.471.
20 Ibid. para. 7.482.
21 Ibid. paras. 7.494–7.495.
22 Ibid. para. 7.37.
23 Ibid. paras. 7.550, 7.551.