DISPUTE SETTLEMENT: DISPUTE DS438

Argentina — Measures Affecting the Importation of Goods


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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Key facts  back to top

Short title:
Complainant:
Respondent:
Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:

  

Summary of the dispute to date  back to top

The summary below was up-to-date at

Consultations

Complaint by the European Union. (See also DS444, DS445 and DS446,)

On 25 May 2012, the European Union requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods.

The European Union challenges: (i) declarations required as a condition for the approval of imports; (ii) various types of licences required for the importation of certain goods;  and (iii) the alleged systematic delay in granting import approval or failure to grant such approval, or the grant of import approval subject to importers undertaking to comply with certain allegedly trade restrictive commitments.

The European Union claims that the challenged measures appear to be inconsistent with:

  • Articles III:4, VIII, X:1, X:3 and XI:1 of the GATT 1994;
     
  • Articles 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 2.2, 3.2, 3.3, 3.4 and 3.5 of the Agreement on Import Licensing Procedures;
     
  • Article 2 of the TRIMs Agreement;
     
  • Article 4.2 of the Agreement on Agriculture;  and
     
  • Article 11 of the Safeguards Agreement.

On 31 May 2012, Turkey requested to join the consultations.  On 7 June 2012, Ukraine and the United States requested to join the consultations. On 8 June 2012, Australia, Canada, Guatemala and Japan requested to join the consultations.  On 3 July 2012, Mexico requested to join the consultations.  Subsequently, Argentina informed the DSB that it had accepted the requests of Australia, Canada, Guatemala, Japan, Mexico, Turkey, Ukraine and the United States to join the consultations. On 6 December 2012, the European Union requested the establishment of a panel.  At its meeting on 17 December 2012, the DSB deferred the establishment of a panel.

 

Panel and Appellate Body proceedings

At its meeting on 28 January 2013, the DSB established a single panel pursuant to Article 9.1 of the DSU to examine this dispute, DS444 and DS445. Australia, Canada, China, Ecuador, Guatemala, India, Japan, Korea, Norway, Saudi Arabia, Switzerland, Chinese Taipei, Thailand, Turkey and the United States reserved their third party rights. On 15 May 2013, the European Union, the United States and Japan requested the Director-General to compose the panel. On 27 May 2013, the Director-General composed the panel. On 15 November 2013, the Chair of the panel informed the DSB that it expected to issue its final report to the parties by the end of May 2014, in accordance with the timetable adopted after consultations with the parties. On 5 May 2014, the Chair of the panel informed the DSB that it would not be possible to issue the final report to the parties by the end of May 2014 due to the complexity of the dispute and the large volume of evidence. The panel estimates that it will issue its final report to the parties by the end of June 2014, in accordance with the revised timetable adopted after consultation with the parties.

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