Australia and WTO dispute settlement

Monthly Bulletin - August 2006

In this issue

Australia as a Complainant

There are no current disputes at panel or appellate body phase in which Australia is a complainant.

Australia as a Respondent

Australia: Certain Measures Affecting the Importation of Fresh Fruit and Vegetables (WT/DS270)

No new developments.  A panel was established in August 2003 at the request of the Philippines but has not yet been composed.

Australia: Certain Measures Affecting the Importation of Fresh Pineapple Fruit (WT/DS/271)

No new developments.  Consultations were held in November 2002 at the request of the Philippines, but no panel has been established.

Australia: Quarantine Regime for Imports (WT/DS287)

No new developments. A panel was established in November 2003 at the request of the European Communities but has not yet been composed.

Australia as a Third Party: Selected Disputes

Turkey:  Measures Affecting the importation of rice (WT/DS334)

No new developments. A panel was composed on 31 July 2006 - see July 2006 Bulletin.

European Communities:  Measures Affecting the Approval and Marketing of Biotech Products (WT/DS291, 292 and 293)

No new developments. We understand that the panel’s confidential final report has been circulated to parties. Australia, as a third party, will only be formally notified of the panel’s findings when the final report is circulated to all WTO Members, which is expected by the end of September 2006.

United States/Canada: Continued Suspension of Obligations in the EC Hormones Dispute (WT/DS320 and WT/DS321)

At the request of the parties in the disputes, the panels have agreed to open their proceedings with the parties and scientific experts on 27-28 September and with the parties on 2-3 October 2006 for observation by WTO Members and the general public via closed-circuit broadcast to a separate viewing room at WTO Headquarters in Geneva.

European Communities: Selected Customs Matters (WT/DS315)

The Panel’s decision was circulated on 16 June 2006.  The United States (US) and European Communities (EC) have both appealed the Panel’s decision. An Appellate Body hearing is scheduled for 28 and 29 September. Australia will make an oral statement. The Appellate Body decision reviewing the Panel decision is expected by November. Australia remains a third party in the appeal. See July 2006 Bulletin for a summary of the Panel decision.

European Communities and Certain Member States/United States:  Measures Affecting Trade in Large Civil Aircraft (WT/DS316 and WT/DS317)

No new developments. See item below (WT/DS347) on the second panel established to examine EC measures. 

European Communities and Certain Member States: Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS347)

There have been no further developments in this dispute following establishment of the panel and agreed organizational timetable – see July 2006 Bulletin

Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)

No new developments. Australia made a brief oral statement to the panel at the Third Party Session on 6 July 2006 - see July 2006 Bulletin.

Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products –Recourse to Article 21.5 (WT/DS207)

An oral hearing for third parties took place on 2 August. Australia made an oral statement. The Panel is expected to complete its work by late 2006.

See: Oral Statement by Australia to the Panel [ PDF ]

Meetings of the Dispute Settlement Body (DSB)

No meetings of the DSB were held in August.

Next DSB Meetings

Regular DSB meetings are scheduled for 1 September and 28 September 2006.

WTO Dispute Settlement: Developments of Interest

The following report was circulated in August, and is available on the WTO website (Word)

“United States — Final Dumping Determination on Softwood Lumber from Canada” (WT/DS264), Appellate Body report, circulated 15 August 2006.