DISPUTE SETTLEMENT

DS: Australia — Certain Measures Affecting the Importation of Fresh Pineapple

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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Current status

 

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Key facts

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(as cited in request for consultations)
Request for Consultations received:

  

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the Philippines.

On 18 October, the Philippines requested consultations with Australia on certain measures affecting the importation into Australia of fresh pineapple, which include, but are not limited to:

  • Section 64 of the Quarantine Proclamation 1998 promulgated under the Quarantine Act 1908;
     
  • regulations, requirements and procedures issued pursuant thereto, including Plant Biosecurity Policy Memorandum 2002/45 (requiring that fresh pineapple fruit from the Philippines, the Solomon Islands, Sri Lanka, and Thailand shall, among other requirements, be de-crowned and subjected to pre-shipment methyl bromide fumigation as conditions for importation into Australia);
     
  • 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 and the SPS Agreement. The relevant provisions of these agreements include, but are not limited to Articles XI and XIII of the GATT 1994, and Articles 2, 3, 4, 5, 6 and 10 of the SPS Agreement.

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 requests of the EC and Thailand to join the consultations.

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