DS: Czech Republic — Additional Duty on Imports of Pig-Meat from Poland

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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Poland.

On 14 April 2003, Poland requested consultations with the Czech Republic concerning the additional duty levied by the Czech Republic on imports of pig meat from Poland. According to Poland, the Czech Republic published on 25 March 2003 a Decree dated 12 March 2003 which provides that customs duties levied under tariff heading 0203 11 10 on pig meat imported from Poland shall be 50% above the Czech Republic’s tariff binding for that tariff heading, or 23 CZK/kg, whichever is higher. Poland also claims that this measure appears to be subject to a minimum import price as the aforementioned duty rate does not apply to imports with declared customs value exceeding 36 CZK/kg. No other sources of imports have been mentioned in the Decree, which, in Poland’s view, seems to imply that the restrictions introduced by this action apply exclusively to Poland and, as such, are discriminatory in their purpose, nature and effect.

Poland claims that this measure appears to be inconsistent with the obligations of the Czech Republic under Article 4 of the WTO Agreement on Agriculture and constitutes a nullification and impairment of the rights and benefits, within the meaning of Article XXIII of GATT 1994, that Poland is entitled to enjoy, inter alia, under GATT Articles I and II.

Poland also claims that the institution and implementation of the said measure had not been preceded by any bilateral notice or consultations, with the Decree taking effect on the date of its publication.