WTO NEWS: 2004 NEWS ITEMS
Dispute Settlement Body 30 July 2004
The DSB establishes compliance panel to examine Japan's measures concerning apples and refers US request for sanctions to arbitration
At the DSB meeting on 30 July 2004, the US requested the establishment of a compliance panel to examine the WTO-consistency of the newly revised phytosanitary measures. Simultaneously, the US requested the authorization to suspend concessions.
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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
DS245:
Japan — measures affecting the importation of apples
At this DSB meeting, the US requested (WT/DS245/11) a compliance panel to
be established. The US considered that Japan had failed to bring the new phytosanitary measures on imported US apples into compliance with its
obligations under the SPS Agreement after the expiration of the reasonable
period of time (30 June 2004). Japan
said it was disappointed that the US did not recognize the amended
measures taken by Japan as fully complying with the DSB rulings. However,
Japan recognized US' right to ask for a compliance panel. Pursuant to the
agreement between the two parties on procedures (WT/DS245/10), the panel
was established at this DSB meeting.
Simultaneously, the US requested authorization to suspend concessions at a
level of US$ 143.4 million on an annual basis (WT/DS245/12). The US said
that this level of suspension is equivalent to the level of nullification
accruing to the US as a consequence of Japan's failure to bring its phytosanitary measures concerning apples into compliance by 30 June 2004.
Japan objected to this level and requested for an arbitration on the level
of retaliation in a letter dated 29 July 2004 (WT/DS245/13). Furthermore,
the two parties asked, once the arbitrator is constituted, for the
suspension of his arbitration work until the adoption of compliance panel
report.
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The next meeting of the DSB is scheduled for 31 August 2004.
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