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DISPUTE SETTLEMENT: DISPUTE DS367

Australia — Measures Affecting the Importation of Apples from New Zealand

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 of the dispute to date  back to top

Summary up-to-date at

Panels established by DSB/reports not yet circulated

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.

On 19 September 2008, the Chairman of the Panel informed the DSB that due to the nature and scope of the dispute, including the Panel's decision to seek scientific and technical expert advice pursuant to Article 11 of the SPS Agreement and Article 13 of the DSU, the Panel would not be able to issue its report within six months.  The Panel expects to issue its final report to the parties by July 2009.

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