YU-CASE DIGEST

Facts:
The complainant under this case is the Philippines while the respondent is Australia
The Philippine government wants to participate with Australia's government about specific
restrictions on the entry of fresh fruits and vegetables. The consultation between the two parties
took place on November 15, 2002; nevertheless, the consultation between the parties involved
did not result in a suitable resolution of the matter. As a result, the Philippines has asked the
Dispute Settlement Body (DSB) to investigate the situation. The Philippines also wants the panel
to look into the methods and criteria used to determine whether or not to provide a permit for the
importation of fresh fruits and vegetables in Australia
Moreover, the measures, according to the Philippines, are incompatible with Australia's duties
under the GATT 1994, the Licensing Agreement, and the SPS Agreement.
Agreements Cited (in request for consultation)
- Art. XI, XI:1, XIII GATT 1994
- Art. 1, 3, 3.2, 3.5 Import Licensing
- Art. 2, 2.2, 2.3, 3, 3.1, 4, 5, 5.1, 5.2, 5.3, 5.5, 5.6, 6, 6.1, 6.2, 10 Sanitary and
Phytosanitary Measures (SPS)
Agreements Cited (In panel Request)
- Art. 2.3 Sanitary and Phytosanitary Measures (SPS)
- Art. XI:1 GATT 1994
- Art. 3.2, 3.5 Import Licensing
- Art. 2.2, 5.1, 5.2, 5.3, 5.6, 6.1, 6.2, 3.1, 5.5 Sanitary and Phytosanitary Measures (SPS)
THIRD PARTIES: Chile; China; European Communities; Ecuador; India; Thailand; United
States
ISSUE:
Whether or not to grant permit importation of fruits and vegetables into Australia.
Resolution:
Consultations were scheduled Hence the European Commission and Thailand sought to
participate in the consultations on November 1, 2002. On November 7, 2002, Australia told the
DSB that it had approved the EC and Thailand's requests to participate in the consultations.
The Philippines requested the formation of a panel on July 7, 2003. The DSB postponed the
formation of the panel during its meeting on July 21, 2003.
The DSB established a panel in response to the Philippines' second request for the formation of a
panel at its meeting on August 29, 2003. China, the European Commission, Ecuador, India,
Thailand, and the United States have all reserved their third-party rights. Chile reserved its third-
party rights on September 4, 2003.
Consultation requested: October 18, 2002