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Current status back to top
Key facts back to top
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Agreements cited:
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Summary of the dispute to date back to top
The summary below was up-to-date at
Consultations
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:
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Section 64 of Quarantine Proclamation 1998 promulgated
under the Quarantine Act 1908;
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regulations, requirements and procedures issued
pursuant thereto;
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amendments to any of the foregoing; and
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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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