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DISPUTE SETTLEMENT: DISPUTE DS367

Australia — Measures Affecting the Importation of Apples from New Zealand

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Complaint by New Zealand.

On 31 August 2007, New Zealand requested consultations with Australia concerning measures imposed by Australia on the importation of apples from New Zealand.

On 27 March 2007, Australia's Director of Animal and Plant Quarantine determined a policy for the importation of apples from New Zealand: “Importation of apples can be permitted subject to the Quarantine Act 1908, and the application of phytosanitary measures as specified in the Final import risk analysis report for apples from New Zealand, November 2006”.

New Zealand considers that these restrictions are inconsistent with Australia's obligations under the SPS Agreement, and in particular Articles 2.1, 2.2, 2.3, 5.1, 5.2, 5.3, 5.5, 5.6, 8 and Annex C.

On 13 September 2007, the European Communities requested to join the consultations. On 14 September 2007, the United States requested to join the consultations. Subsequently, Australia informed the DSB that it had accepted the requests of the European Communities and the United States to join the consultations. On 6 December 2007, New Zealand requested the establishment of a panel. At its meeting on 17 December 2007, the DSB deferred the establishment of a panel. At its meeting on 21 January 2008, a panel was established. Chile, the European Communities, Japan, Chinese Taipei and the United States reserved their third-party rights. Subsequently, Pakistan reserved its third-party rights. On 3 March 2008, New Zealand requested the Director-General to compose the Panel. On 12 March 2008, the Director-General composed the Panel.

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