Agenda Item 3

Australia – Measures Affecting the Importation of Apples from New Zealand (DS367)

Dispute Settlement Body

21 January 2008

Statement by Australia

Thank you Chair,

Australia is disappointed that New Zealand has decided to make a second request for the establishment of a panel in this dispute.

Australia reiterates its view that the measures set out in the Final Import Risk Analysis Report for Apples from New Zealand are consistent with its WTO obligations.

Australia appreciates the importance New Zealand attaches to the apples issue but remains convinced that bilateral channels are the most effective way to resolve this matter.  Australia understands that New Zealand, in fact, shares our desire for a bilateral solution.

Australia acknowledges that a panel will be established at this meeting.  However, we consider that New Zealand’s panel request fails to satisfy the requirements of Article 6.2 of the Dispute Settlement Understanding.  We have raised the substance of our concerns with New Zealand and, therefore, do not intend to discuss the issue at this meeting.

Australia reserves its right to bring these procedural deficiencies to the attention of the Panel, should these proceedings progress to that stage.

Thank you Chair.

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