DISPUTE SETTLEMENT

DS: Canada — Measures Governing the Sale of Wine

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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Summary of the dispute to date

The summary below was up-to-date at

Consultations

Complaint by Australia

On 12 January 2018, Australia requested consultations with Canada concerning measures maintained by the Canadian Government and the Canadian provinces of British Columbia, Ontario, Quebec, and Nova Scotia governing the sale of wine. This request for consultations follows earlier requests for consultations submitted by the United States (DS520 and DS531) pertaining to measures maintained by the Canadian province of British Columbia governing the sale of wine in grocery stores.

Australia claimed that the measures appear to be inconsistent with:

  • Articles III:1, III:2, III:4, XVII:1 and XXIV:12 of the GATT 1994.

On 17 January 2018, New Zealand requested to join the consultations. On 19 January 2018, the United States requested to join the consultations. On 25 January 2018, Argentina and the European Union requested to join the consultations. On 26 January 2018, Chile requested to join the consultations. Subsequently, Canada informed the DSB that it had accepted the requests of Argentina, Chile, the European Union, New Zealand and the United States to join the consultations.

 

Panel and Appellate Body proceedings

On 13 August 2018, Australia requested the establishment of a panel. At its meeting on 27 August 2018, the DSB deferred the establishment of a panel.

At its meeting on 26 September 2018, the DSB established a panel. Argentina, Chile, China, the European Union, India, Israel, Korea, Mexico, New Zealand, the Russian Federation, South Africa, Chinese Taipei, Ukraine, the United States and Uruguay reserved their third-party rights.

On 25 February 2019, Australia requested the Director-General to compose the panel. On 7 March 2019, the Director-General composed the panel.

On 24 April 2019, further to paragraph 2(5) of the panel’s Working Procedures, the Chair of the panel requested the DSB in separate communications to circulate to Members the panel’s Working Procedures as well as a partial timetable.

On 7 May 2019, further to paragraph 2(5) of the panel’s Working Procedures, the Chair of the Panel requested the DSB to circulate to Members the additional Working Procedures on open panel meetings adopted by the panel.

On 12 June 2019, further to paragraph 2(5) of the panel’s Working Procedures, the Chair of the Panel requested the DSB to circulate to Members the additional Working Procedures on business confidential information adopted by the panel.

On 25 July 2019 and 28 August 2019, the Chair of the panel requested the DSB to circulate separate communications indicating changes to the timetable.

On 21 August 2019, the Chair of the panel informed the DSB that the panel expected to issue its final report to the parties in the first half of 2020. In its communication, the Chair also informed the DSB that the report would be available to the public once it was circulated to the Members in all three official languages, and that the date of circulation depends on completion of translation.

 

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