DS: Australia — Certain Measures Affecting the Importation of Fresh Fruit and Vegetables

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

The summary below was up-to-date at


Complaint by the Philippines.

On 18 October 2002, the Philippines requested consultations with Australia on certain measures affecting the importation into Australia of fresh fruit and vegetables, including bananas, which include, but are not limited to:

  • Section 64 of Quarantine Proclamation 1998 promulgated under the Quarantine Act 1908;
  • regulations, requirements and procedures issued pursuant thereto;
  • amendments to any of the foregoing; and
  • their application.

The Philippines considered that these measures are inconsistent with the obligations of Australia under the GATT 1994, the SPS Agreement and the Agreement on Import Licensing Procedures. The relevant provisions of these agreements include, but are not limited to Articles XI and XIII of the GATT 1994; Articles 2, 3, 4, 5, 6 and 10 of the SPS Agreement; and Articles 1 and 3 of the Agreement on Import Licensing Procedures.

On 1 November 2002, the EC and Thailand requested to join the consultations. On 7 November 2002, Australia informed the DSB that it had accepted the request of the EC and Thailand to join the consultations.

On 7 July 2003, the Philippines requested the establishment of a panel. At its meeting on 21 July 2003, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

Further to a second request to establish a panel by the Philippines, the DSB established a panel at its meeting on 29 August 2003. China, the EC, Ecuador, India, Thailand and the US reserved their third-party rights. On 4 September 2003, Chile reserved its third-party rights.


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