DS484: Indonesia — Measures Concerning the Importation of Chicken Meat and Chicken Products as requested by Brazil

Brazil once again requested the establishment of a panel to examine this dispute. Brazil reiterated its concern that Indonesia continued to illegally restrict the importation of chicken meat and chicken products from Brazil through a series of specific individual prohibitions and restrictions which, also collectively, had the effect of imposing a ban on Brazilian chicken exports to Indonesia. Indonesia said that the measures were fully consistent with its obligations under the WTO agreements.

The DSB established a panel. Argentina, Australia, Chile, China, the European Union, India, Japan, Korea, New Zealand, Norway, Paraguay, the United States, Chinese Taipei, and Viet Nam reserved their third-party rights to participate in the panel’s proceedings.

DS381: United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products: Recourse to Article 21.5 (compliance panel) of the Dispute Settlement Understanding by Mexico

Mexico strongly welcomed the adoption of the Appellate Body and panel reports, seven years after the initiation of this dispute and over 25 years since the first “tuna” dispute. Mexico noted that despite the fact that its fishing methods had been recognised and lauded for being sustainable, those methods had continued to be the target of discriminatory measures. In Mexico’s view, the reports provided greater clarity on the appropriate interpretation of certain provisions of the Technical Barriers to Trade (TBT) Agreement and the General Agreement on Tariffs and Trade (GATT) 1994. Mexico called on the United States to comply fully with its international trade obligations and resolve this long-standing dispute.

The United States appreciated that the panel and the Appellate Body had agreed that the US amended measure moved the measure towards compliance. It also appreciated that nothing in the findings required the US to reduce or compromise consumer information or the protection of dolphins and that the Appellate Body had reversed the panel’s findings that the amended measure was inconsistent with the TBT Agreement. However, the United States noted that the panel and Appellate Body reports raised a number of “very serious concerns”.

The DSB adopted the Appellate Body report contained in WT/DS381/AB/RW and WT/DS381/AB/RW/Add.1 and the panel report contained in WT/DS381/RW, WT/DS381/RW/Add.1 and WT/DS381/RW/Corr.1, as modified by the Appellate Body report.

 

Next meeting

The next regular meeting of the DSB is scheduled for 25 January 2016.