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Australia's Involvement in Current WTO Disputes

Summary of Australia's involvement in disputes currently before the World Trade Organization. Updated 4 July 2008.

Australia as a defending party ('respondent')

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

New Zealand requested consultations with Australia on 31 August 2007 in relation to Australia’s measures affecting the importation of apples from New Zealand. Consultations were held on 4 October 2007. The Dispute Settlement Body (DSB) established a panel on 21 January 2008 at New Zealand’s request. In its statements to the DSB, Australia reiterated its position that its measures are WTO-consistent and indicated its preference to resolve the dispute bilaterally.

See: Australia’s first statement to the DSB in DS367
See: Australia’s second statement to the DSB in DS367

On 12 March 2008, the panel was composed of the following three individuals: Mr Attie Swart (Chair), Mr William Ehlers and Ms Kirsten Hillman. The timetable for the panel process has been settled by the Panel, however it may be modified by the Panel at any time of the proceedings. Key dates include:

*(official circulation of the panel’s final report to the WTO Membership and general public will occur following its translation into the WTO official languages)

Upon composition of the panel, Australia submitted a request for the panel to make a preliminary ruling as to whether New Zealand's panel request complies with the requirements of Article 6.2 of the WTO Dispute Settlement Understanding (DSU). The Panel issued its preliminary ruling to the parties on 6 June 2008.

See: Australia's request for a preliminary ruling in DS367 (word) (rtf) (pdf)
See: Australia’s further submission on its request for a preliminary ruling (word) (rtf) (pdf)
See: Australia’s response to the submissions of third parties in relation to Australia’s request for a preliminary ruling (word) (rtf) (pdf)
See: Preliminary ruling of the Panel

Australia - Certain Measures Affecting the Importation of Fresh Pineapple Fruit (WT/DS271)

The Philippines' request for consultations was received on 18 October 2002, and consultations were held in November 2002. However, the Philippines has not moved to the next procedural stage of requesting the establishment of a panel.

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

A panel was established on 29 August 2003 at the request of the Philippines, however the dispute has not moved to the next procedural stage of the appointment of panellists.

Australia as a Third Party

Australia often joins disputes as a third party when it has commercial and/or legal interests in the matters in question. This provides an opportunity to present our views to the panel or Appellate Body.

China - Measures Affecting Trading Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363)

On 27 November 2007 the DSB established a panel to examine a complaint by the United States concerning trading rights and distribution services for publications, sound recordings and audiovisual products in China. Australia has joined the dispute as a third party because of our commercial and systemic interests in the matter at issue, together with Chinese Taipei, the European Communities, Japan, and Korea. Australia is scheduled to make an oral statement to the panel on 23 July 2008.

See: Media Release by the Minister for Trade on WT/DS363

China - Measures Affecting the Protection and Enforcement of Intellectual Property Rights (WT/DS362)

On 25 September 2007, a panel was established to examine the complaint by the United States regarding China's protection and enforcement of intellectual property rights. Australia has joined as a third party, as have Argentina, Brazil, Canada, Chinese Taipei, the European Communities, India, Japan, Korea, Mexico, Thailand and Turkey. Third parties, including Australia, submitted written submissions on 26 March 2008. Australia delivered an oral statement at the third party hearing on 15 April 2008.

See: Australia's third party submission in WT/DS362 (pdf) (word) (rtf)
See: Australia's third party oral statement in WT/DS362
See: Australia's Responses to Questions from the Panel in WT/DS362 (pdf) (word) (rtf)

China - Measures Affecting Imports of Automobile Parts (WT/DS339, WT/DS340 and WT/DS342)

On 30 March 2006, the European Communities and the United States, followed by Canada on 13 April 2006, requested consultations with China relating to the imposition of measures that affect the exportation of vehicle components to China. At the request of Canada, the European Communities and the United States, a single panel was established on 26 October 2006. Argentina, Australia, Chinese Taipei, Japan and Mexico joined as third parties. In January 2008 the Panel informed the DSB that the report will be published following its translation.

See: Australia's response to panel questions in WT/DS339, WT/DS340 and WT/DS342
See: Australia's third party oral statement in WT/DS339, WT/DS340 and WT/DS342

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

The United States submitted a request for consultations on 6 October 2004 in relation to European Communities’ and Member State subsidies to the European large civil aircraft sector, which the United States contends are inconsistent with the Agreement on Subsidies and Countervailing Measures and GATT 1994 commitments. Australia, Brazil, Canada, China, Japan and Korea reserved their third party rights. Australia lodged a written submission with the Panel on 7 May 2007 and delivered an oral statement to the Panel at the third party hearing on 24 July 2007. The Panel is expected to complete its report by the end of 2008.

India - Additional and Extra-Additional Duties on Imports from the United States (WT/DS360)

On 6 March 2007 the United States requested consultations with India in relation to additional duties and taxes applied to India's imports of United States’ wines and distilled products.  The panel hearing took place on 17-19 September 2007, and Australia made a brief oral statement. The report of the Panel was issued on 9 June 2008 and found that the United States had failed to establish that the additional duties and charges on alcoholic liquor were inconsistent with Article II:1(a) or (b) of the GATT 1994.  The report of the Panel is yet to be adopted (Article 16.4 of the DSU provides panel reports are to be adopted at a meeting of the DSB within 60 days of their circulation unless a party notifies the DSB of its decision to appeal).  The full text of the report is available on the WTO website.

Australia is a third party to the dispute on the basis of commercial and systemic interests. Other third parties are the European Communities, Japan and Vietnam.

See: Australia's third party submission in WT/DS360 (pdf)

United States - Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (WT/DS353)

The European Communities requested consultations with the United States in June 2005 regarding subsidies provided to the United States large civil aircraft industry. A panel was established in February 2006. Australia, Brazil, Canada, China, Japan and Korea reserved their third party rights. Australia lodged a written submission with the Panel on 1 October 2007 and delivered an oral statement to the Panel at the third party hearing on 15 January 2008. The Panel is expected to complete its report by the end of 2008.

United States - Domestic Support and Export Credit Guarantees for Agricultural Products (WT/DS357 and WT/DS365)

A single dispute panel was established by the DSB on 17 December 2007 in relation to Canada and Brazil’s dispute with the United States on domestic support for agricultural products. Australia has joined the dispute as a third party on the basis of systemic and commercial interests. Other third parties are Argentina, Chile, China, Chinese Taipei, the European Communities, India, Japan, Mexico, New Zealand, Nicaragua, South Africa, and Thailand.

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

The European Communities requested consultations with the United States and Canada on 8 November 2004; asserting the United States and Canada had not removed retaliatory measures following the European Communities’ notification of its removal of WTO-inconsistent measures in the original European Communities - Measures Concerning Meat and Meat Products (Hormones) disputes (WT/DS26 & WT/DS48).  Australia joined the disputes as a third party on 19 November 2004.  Other third parties are Brazil, Canada, China, Chinese Taipei, India, New Zealand, Norway and Mexico.

In its reports released to the public on 31 March 2008, the Panels found that the United States and Canada acted inconsistently with DSU Article 23.2(a) by making their own determination of non-compliance regarding the implementing measure of the European Communities.  For the limited purposes of determining whether the United States and Canada had also breached their obligations under Article 22.8 of the DSU, the Panels also concluded that the European Communities’ amended import ban on beef from hormone treated cattle was inconsistent with the Agreement on the Application of Sanitary and Phytosanitary Measures.

On 29 May 2008 the European Communities notified the Chairman of the DSB of its intention to appeal the reports of the panels (WT/DS320/R & WT/DS321/R). The United States and Canada later lodged their own appeals.  Australia is a third participant to the appeals because of our involvement as third party at the panel stage.  Written submissions of third participants were lodged on 26 June, and the appeal will be held on 28 and 29 July.

See: Australia's third party submission in WT/DS320 (pdf)
See: Australia's third party submission in WT/DS321 (pdf)
See: Australia's third participant written submission the appellate proceedings WT/DS320 & WT/DS321

United States - Subsidies on Upland Cotton: recourse to Article 21.5 of the DSU by Brazil (WT/DS267)

In September 2006, the DSB established at Brazil’s request a DSU Article 21.5 compliance panel in these proceedings, which commenced in September 2002. The report of the compliance panel, which was circulated on 18 December 2007, found that continued marketing loan and counter-cyclical payments to United States upland cotton producers resulted in significant price suppression constituting ‘present serious prejudice’ to the interests of Brazil within the meaning of Articles 5(c) and 6.3(c) of the Agreement on Subsidies and Countervailing Measures. The panel therefore found that the United States had failed to comply with its obligation under Article 7.8 of that Agreement ‘to take appropriate steps to remove the adverse effects or…withdraw the subsidy.’ The panel also found the United States was providing prohibited export subsidies for agricultural products through an export credit guarantee programme, inconsistent with Articles 3.1(a) and 3.2 of the Agreement on Subsidies and Countervailing Measures and Articles 10.1 and 8 of the Agreement on Agriculture.

The United States notified its intention to appeal the report on 12 February 2008 and the report of the Appellate Body was released on 2 June 2008. The Appellate Body upheld the key findings of the original compliance panel report, confirming that the United States had failed to bring its export credit guarantee programme into conformity with the relevant provisions of the Agreement on Subsidies and Countervailing Measures and the Agreement on Agriculture, and that the effect of marketing loan and counter-cyclical payments is significant price suppression causing present serious prejudice to the interests of Brazil. By continuing to make these payments, the United States had failed to take appropriate steps to remove their adverse effects or withdraw the subsidy. The full text of the report is available on the WTO website.

The report of the Appellate Body was adopted by the DSB which met in irregular session on 20 June 2008.  Australia participated in the original and compliance proceedings in the dispute as a third party along with Argentina, Benin, Canada, Chad, China, Chinese Taipei, European Communities, India, New Zealand, Pakistan, Paraguay, Venezuela, Japan and Thailand.

See: Australia’s third participant written submission in the appellate proceedings WT/DS267 (pdf)
See: Australia's third participant oral statement in the appellate proceedings WT/DS267 (pdf)
See: Australia’s third party written submission in the compliance proceedings WT/DS267 (pdf) (word) (rtf)
See: Australia's third party oral submission in the compliance proceedings WT/DS267

Meetings of the Dispute Settlement Body (DSB)

At the regular meeting of the DSB on 24 June 2008, following a joint request by the parties (United States and the European Communities), the DSB agreed to extend the time period available for parties to request an appeal in the European Communities – Regime for the Importation, Sale and Distribution of Bananas: Recourse by the United States to Article 21.5 of the DSU (WT/DS27) dispute until 29 August 2008.  Article 16.4 of the DSU provides that following the circulation of panel reports to Members, the report shall be adopted at a meeting of the DSB within 60 days unless a party to the dispute notifies the DSB of its intention to appeal.

The next regular meeting of the DSB will be held on 31 July 2008.

Archive

Read archived WTO dispute settlement bulletins from November 2000 to May 2007.  Note, the Department of Foreign Affairs and Trade no longer produces monthly WTO dispute settlement bulletins.