DISPUTE SETTLEMENT

DS: Costa Rica — Measures Concerning the Importation of Fresh Avocados from Mexico

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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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Mexico

On 8 March 2017, Mexico requested consultations with Costa Rica with respect to certain measures imposed by Costa Rica that allegedly restrict or prohibit the importation of fresh avocados for consumption from Mexico.

Mexico claimed that the measures appear to be inconsistent with:

  • Articles 2.1, 2.2, 2.3, 3.1, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 6.1, 6.2, 7, 8, Annex B(2), (5) and (6) and Annex C(1) of the SPS Agreement; and
     
  • Articles I:1, III:4, X and XI of the GATT 1994.

 

Panel and Appellate Body proceedings

On 22 November 2018, Mexico requested the establishment of a panel. At its meeting on 4 December 2018, the DSB deferred the establishment of a panel.

At its meeting on 18 December 2018, the DSB established a panel. Canada, China, the European Union, El Salvador, Honduras, India, Panama, the Russian Federation and the United States reserved their third-party rights.

Following agreement of the parties, the panel was composed on 16 May 2019.

 

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