DISPUTE SETTLEMENT

DS: India — Import Restrictions Maintained Under the Export and Import Policy 2002-2007

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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Key facts

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(as cited in request for consultations)
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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by the European Communities.

On 23 December 2002, the European Communities requested consultations with India concerning import restrictions maintained by India under its Export and Import Policy 2002-2007 with respect to particular products of concern to the European Communities.

The European Communities considered that these import restrictions may constitute an infringement of, in particular but not necessarily exclusively, the following WTO provisions:

  • Articles III, X and XI of GATT 1994;
     
  • Article 4.2 of the Agreement on Agriculture;
     
  • Articles 1, 2 and 3 of the Agreement on Import Licensing Procedures;
     
  • Articles 2, 3, 5, 7 and 8 of the Agreement on Sanitary and Phytosanitary Measures;
     
  • Article 2 of the Agreement on Technical Barriers to Trade.

According to the EC, the import restrictions at issue cannot be justified under Articles XX or XXI of GATT 1994.

On 17 January 2003, the US requested to join the consultations. On 31 January 2003, India accepted the request of the US.

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