DISPUTE SETTLEMENT

DS: Romania — Import Prohibition on Wheat and Wheat Flour

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

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Consultations

Complaint by Hungary.

On 18 October 2001, Hungary requested consultations with Romania concerning Romania’s Joint Decree of the Ministry of Agriculture, Food Industry and Forestry No. 119069 (16.07.2001), Ministry of Family and Health No. 495 (18.07.2001) and the National Consumer Protection Authority No. 1/3687 (19.07.2001) prohibiting the import of wheat and wheat flour which does not meet certain quality standards.

In particular, Hungary claimed that:

  • the import prohibition has been imposed in a manner inconsistent with Romania’s obligations under Article XI:1 of the GATT 1994; and
     
  • the introduction of the abovementioned quality requirements is in breach of Article III:4 of the GATT 1994 because domestically produced products are not subject to the same quality requirements.

On 30 October 2001, Hungary requested consultations with Romania according to the urgency procedure provided in Article 4.8 of the DSU. On 27 November 2001, Hungary requested the establishment of a panel. At its meeting on 10 December 2001, the DSB deferred the establishment of the panel. On 10 December 2001, Hungary requested the holding of a special meeting of the DSB in order to establish a panel.

 

Withdrawal/termination

On 20 December 2001, further to the abrogation by Romania of its legislation regarding the quality requirements for imported wheat and wheat flour, Hungary withdrew its request.

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