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WTO disputes

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

Agenda Item 3

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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Last Updated: 9 January 2013
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