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DISPUTE SETTLEMENT: DISPUTE DS149

India — Import Restrictions

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.

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Summary up-to-date at

Consultations requested — no panel established nor settlement notified

Complaint by the European Communities.

On 29 October 1998, the EC requested consultations with India concerning import restrictions allegedly maintained by India under its Export and Import Policy, 1997-2002, for reasons other than Article XVIII:B of GATT 1994. The EC stated that India notified these restrictions to the WTO in Part A of Annex I to its notification of 20 May 1997 under paragraph 9 of the Understanding on the Balance-of-Payments Provisions of GATT 1994 (WT/BOP/N/24). India claimed that these restrictions are justified under Article XX and/or Article XXI of GATT 1994. The EC contended that these import restrictions constitute an infringement of Articles III, X, XI, XIII and XVII of GATT 1994, Article 4.2 of the Agreement on Agriculture, and Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures, and cannot be justified under Articles XX or XXI of GATT 1994.

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