Summary of Australia's involvement in disputes currently before the World Trade Organization

​Australia as a defending party (respondent)

Australia — Certain Measures Concerning Trademarks, and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (DS434) and Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (DS435, DS441, DS458 and DS467)

Further information on the five current WTO disputes relating to Australia’s tobacco plain packaging measure can be found on our tobacco plain packaging page.

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 WTO Dispute Settlement Body established a panel on 21 January 2008 at New Zealand's request. The panel issued its final report to the parties on 27 May 2010.

On 10 August 2010, the Australian Government announced that it would appeal the Panel's decision to the WTO Appellate Body. On 15 September 2010, New Zealand filed a cross appeal. The Appellate Body hearing took place in Geneva on 11 and 12 October 2010.

The Appellate Body issued its report on 29 November 2010, and the Appellate Body and Panel reports were adopted by the Dispute Settlement Body on 17 December 2010.

On 17 August 2011, Australia commenced issuing import permits for apples from New Zealand, consistent with the joint notification of the agreed reasonable period of time by Australia and New Zealand to the Dispute Settlement Body on 31 January 2011. Import of New Zealand apples into Australia commenced as of 19 August 2011.

Media release: Final report for the non-regulated analysis of existing policy for apples from New Zealand

Australia has informed the WTO Dispute Settlement Body that it has fully implemented the recommendations and rulings in the dispute.

Australia — Certain Measures Affecting the Importation of Fresh Pineapple Fruit (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 (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 panelists.

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 and, if the panel report is appealed, to the Appellate Body.

China – Domestic Support for Agricultural Producers (DS511)

On 13 September 2016, the United States requested consultations with China regarding certain measures concerning domestic support for agricultural producers of wheat, rice and corn. The United States claimed that the measures appear to be inconsistent with Articles 3.2, 6.3 and 7.2(b) of the Agreement on Agriculture.

On 30 September 2016, Australia requested to join the consultations. China subsequently accepted the requests of Australia, Canada, the European Union and Thailand to join the consultations.

On 5 December 2016, the United States requested the establishment of a panel. At its meeting on 25 January 2017, the DSB established a panel. Australia (along with 26 other members) reserved its third-party rights.

Brazil — Certain Measures Concerning Taxation and Charges (DS497)

On 2 July 2015, Japan requested consultations with Brazil with respect to certain measures concerning taxation and charges in the automotive sector, the electronics and technology industry, and tax advantages for exporters.  At its meeting on 28 September 2015, the DSB established a panel. Argentina, Australia, China, the European Union, India, Korea, Russia and the United States reserved their third-party rights. This dispute is being heard jointly with DS472.

Australia submitted its third party submission in Brazil – Certain Measures concerning Taxation and Charges (DS497) on 13 January 2016. It is the same as Australia’s submission in Brazil — Certain Measures Concerning Taxation and Charges (DS472).

Ukraine — Anti-Dumping Measures on Ammonium Nitrate from Russia (DS493)

On 7 May 2015, the Russian Federation requested consultations with Ukraine regarding anti-dumping measures imposed by Ukraine on imports of ammonium nitrate originating from the Russian Federation. The Russian Federation claims that the measures are inconsistent with the Anti Dumping Agreement and GATT 1994.

On 29 February 2016, the Russian Federation requested the establishment of a panel. At its meeting on 22 April 2016, the DSB established a Panel. Australia, Canada, China, Colombia, the European Union, Japan, Kazakhstan, Norway and the United States reserved their third-party rights. A Panel has not yet been composed.

Indonesia — Safeguard on Certain Iron or Steel Products (DS496)

On 1 June 2015, Vietnam requested consultations with Indonesia regarding a safeguard measure imposed by Indonesia on imports of certain flat-rolled iron or steel products and the investigation and determinations leading thereto. A panel was established on 28 October 2015 and composed 9 December 2015.  The panel in DS490 is to also examine the dispute in DS496, and the third parties to DS490 are automatically third parties in DS496 (including Australia).

Australia delivered a third party oral submission on 6 October 2016 and submitted an executive summary of its third party oral submission and responses to panel questions on 27 October 2016.

Indonesia — Safeguard on Certain Iron or Steel Products (DS490)

On 12 February 2015, Chinese Taipei requested consultations with Indonesia regarding a safeguard measure imposed by Indonesia on imports of certain flat-rolled iron or steel products and the investigation and determinations leading thereto. At its meeting on 28 September 2015, the DSB established a panel. Chile, China, the European Union, Korea, Russia, Vietnam and the United States reserved their third-party rights. Australia reserved its third party rights. On 9 December 2015 the panel was composed.

Australia delivered a third party oral submission on 6 October 2016 and submitted an executive summary of its third party oral submission and responses to panel questions on 27 October 2016.

China — Measures Related to Demonstration Bases and common Service Platforms Programmes (DS489)

On 11 February 2015, the United States requested consultations with China with regard to certain measures providing subsidies contingent upon export performance to enterprises in several industries in China. In March 2015, China accepted requests from Brazil, the European Union, and Japan to also join the consultations. On 22 April 2015 a panel was established. Australia, Brazil, Canada, the European Union, India, Japan, Korea, Russia, Colombia, the Dominican Republic, Saudi Arabia, Singapore and Chinese Taipei all reserved their third-party rights.

United States — Conditional Tax Incentives for Large Civil Aircraft (DS487)

On 19 December 2014, the European Union requested consultations with the United States with respect to conditional tax incentives established by the State of Washington in relation to the development, manufacture, and sale of large civil aircraft. A panel was established on 23 February 2015. Australia Brazil, Canada, China, India, Japan, Korea and Russia have reserved their third-party rights. On 22 April 2015, the panel was composed.

Australia delivered its third party written submission on 26 January, provided an oral submission on 25 February, and submitted an executive summary of comments on 9 March 2016.

Russia — Tariff Treatment of Certain Agricultural and Manufacturing Products (DS485)

On 31 October 2014, the European Union requested consultations with Russia regarding the tariff treatment that it accords to certain goods in both agricultural and manufacturing sectors. The Ukraine, Indonesia, Japan and the United States have also requested to join the consultations. A panel was established on 25 March 2015. Australia, Brazil, Canada, Chile, China, Colombia, India, Japan, Korea, Moldova, Norway, Singapore, Ukraine and the United States have reserved their third-party rights. On 18 June 2015, the Director-General composed the panel.

Australia submitted its response regarding the request for a preliminary ruling and third party written submission on 2 September 2015. Australia delivered its third party oral statement on 16 September 2015 and submitted the Executive Summary of its Third Party Written Submission and Third Party Oral Statement, on 9 October 2015.

Indonesia – Measures Concerning the Importation of Chicken Meat and Chicken Products - DS484

On 16 October 2014, Brazil requested consultations with Indonesia concerning certain measures imposed by Indonesia on the importation of meat from fowls of the species Gallus domesticus and products from fowls of the species Gallus domesticus. The requests of Australia, New Zealand, the European Union, Chinese Taipei and the United States to join the consultations were accepted.

On 15 October 2015, Brazil requested the establishment of a panel. At its meeting on 3 December 2015, the DSB established a panel. Argentina, Australia, Canada, Chile, China, the European Union, India, Japan, Korea, New Zealand, Norway, Paraguay, the Russian Federation, Thailand, Chinese Taipei, Viet Nam, and the United States reserved their third-party rights. On 3 March 2016, the Director-General composed the panel.

European Union — Anti-Dumping Measures on Biodiesel from Indonesia (DS480)

On 10 June 2014, Indonesia requested consultations with the European Union on: (a) provisions of Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community; and (b) anti-dumping measures imposed in 2013 by the European Union on imports of biodiesel originating in, inter alia, Indonesia.

At its meeting on 31 August 2015, the DSB established a panel. Argentina, Australia, Canada, China, India, Japan, Norway, Russia, Singapore, Turkey and the United States reserved their third-party rights.The panel was composed on 4 November 2015.

Indonesia — Importation of Horticultural Products, Animals and Animal Products (DS478)

On 8 May 2014, New Zealand (DS477) and the United States (DS478) requested consultations with Indonesia concerning its measures on the importation of horticultural products, animals and animal products. The requests of Australia, Canada, the European Union, Chinese Taipei and Thailand to join the consultations were accepted. On 20 May 2015 a single panel was established to examine these disputes. Australia, Argentina, Brazil, Canada, China, Chinese Taipei, the European Union, India, Japan, Korea, Norway, Paraguay, Singapore and Thailand reserved their third-party rights. On 8 October the Director-General composed the panel.

Australia submitted its response to Indonesia’s request for a preliminary ruling on 6 January 2016 and submitted its third party written submission on 15 January 2016. Australia delivered its third party oral statement on 2 February 2016 and submitted the executive summary of its third party written submission and third party oral statement on 12 February 2016.

The Panel found that the 18 measures at issue restricting imports on a wide range of animal and horticulture products were inconsistent with Article XI:1 of the GATT.  The Panel declined to rule on other inconsistencies claimed by the US and NZ, in particular Article 4.2 of the Agreement on Agriculture and Article III:4 of the GATT, on the basis that this was not required to ensure the effective resolution of the dispute because of the findings of inconsistency under GATT XI:1.  The Panel found that Indonesia failed to demonstrate that the measures were necessary to protect public morals relating to halal requirements under Article XX(a) of the GATT and failed to demonstrate that the measures were necessary to protect food security, under Article XX(b), hence Indonesia’s claim it could rely on an exception to its GATT obligations did not succeed.  The Panel agreed that protecting halal requirements would be justified as a public morals issue, but found that the measures were not actually designed or implemented to achieve this.  The Panel also rejected the defence put forward by Indonesia under GATT Article XI:2(c), concluding that this exception, which allows for import restrictions designed to remove temporary surpluses of like domestic agriculture products, was rendered inoperative by Article 4.2 of the Agreement on Agriculture which prohibits Members from maintaining, resorting to, or reverting to, 'any measures of the kind which have been required to be converted into ordinary customs duties'.  While Article 4.2 contains exceptions, these must concern non-agriculture specific provisions, which excludes Indonesia's regime.

Indonesia notified its decision to appeal on 17 February 2017.

Russian Federation — Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union (DS475)

On 8 April 2014, the European Union requested consultations with Russia concerning certain measures adopted by Russia affecting the importation of live pigs and their genetic material, pork, pork products and certain other commodities from the European Union, purportedly because of concerns related to cases of African Swine Fever. On 22 July 2014, a panel was established and Australia, China, India, Japan, Korea, Norway, Chinese Taipei and the United States reserved their third-party rights. Subsequently, Brazil and South Africa reserved their third-party rights.

Australia submitted its third party written submission on 10 March 2015 and submitted its executive summary of this written submission on 30 October 2015.

Australia's third party written submission in DS475 [HTML] | [PDF 309 KB]

Australia's executive summary of its written third party submission in DS475 [HTML] | [PDF 265 KB]

The Panel report was circulated on 19 August 2016.

The Russian Federation (on 28 September 2016) and the European Union (on 30 September 2016) appealed aspects of the Panel's report. Australia submitted its third party written submission and executive summary to the Appellate Body Secretariat on 14 October 2016.

Executive Summary of Australia Third Participant Submission [PDF 15 KB] | [DOCX 31 KB]

Third Participant Written Submission - Russia Pigs [PDF 35 KB] | [DOCX 47 KB]

European Union — Cost Adjustment Methodologies and Certain Anti-Dumping Measures on Imports from Russia (DS474)

On 23 December 2013, Russia requested consultations with the European Union regarding “cost adjustment” methodologies used by the EU for the calculation of dumping margins in anti-dumping investigations and reviews. China and Indonesia requested to join the consultations. On 22 July 2014, the DSB established a panel. Argentina, Australia, Brazil, Canada, China, Indonesia, Mexico, Norway, Saudi Arabia, Turkey, Ukraine, the United States and Viet Nam have reserved their third-party rights.

European Union – Anti-Dumping Measures on Biodiesel from Argentina (DS473)

On 19 December 2013, Argentina requested consultations with the European Union regarding (a) provisional and definitive anti-dumping measures imposed on biodiesel originating in, inter alia, Argentina, as well as the investigation underlying the measures; and, (b) a provision in Council Regulation (EC) 1225/2009 of November 2009, which refers to the adjustment or establishment of costs associated with the production and sale of products under investigation in the determination of dumping margins. The Dispute Settlement Body established a panel on 25 April 2014. Australia, China, Malaysia, Norway, the Russian Federation, Saudi Arabia, Turkey, the United States, Colombia, Indonesia and Mexico are third parties to this dispute.

Australia submitted its third party submission on 4 February 2015.

The Panel issued a Report on 29 March 2016. The Panel found that the EU’s methodology in calculating the normal value of the allegedly dumped goods was inconsistent with WTO requirements. The Panel also found, however, that elements of the EU’s laws were not, as Argentina had alleged, inherently inconsistent with WTO requirements.

The EU notified its decision to appeal on 20 May, and Argentina notified its intention to do the same on 25 May. Those third parties which appeared before the Panel all joined the Appeal but for Malaysia. Australia submitted its third party submission on 10 June 2016.

Australia’s written third participant submission to the Appellant Body in DS473 [DOCX 41 KB]

Brazil — Certain Measures Concerning Taxation and Charges (DS472)

On 19 December 2013, the European Union requested consultations with Brazil with respect to certain measures concerning taxation and charges in the automotive sector, the electronics and technology industry, goods produced in Free Trade Zones, and tax advantages for exporters. On 17 December 2014 a panel was established and Argentina, Australia, China, India, Japan, Korea, Russia, Chinese Taipei, Turkey and the United States reserved their third-party rights. Subsequently, Canada, Colombia and South Africa also reserved their third-party rights.

Australia submitted its third party written submission on 15 September 2015.

Ukraine – Definitive Safeguard Measures on Certain Passenger Cars (DS468)

On 30 October 2013, Japan requested consultations with Ukraine regarding the definitive safeguard measures imposed by Ukraine on imports of certain passenger cars and the investigation that led to the imposition of those measures. A panel was established on 26 March 2014. Australia, the European Union, India, Korea, the Russian Federation, Turkey and the United States joined the dispute as third parties. Australia submitted its third party written submission on 22 September 2014 and delivered its third party oral statement on 30 September 2014.

Indonesia – Importation of Horticultural Products, Animals and Animal Products (DS465, DS466)

On 30 August 2013, the United States and New Zealand requested consultations with Indonesia concerning certain measures it imposes on the importation of horticultural products, animals and animal products. On 23 September 2013 Australia participated in the consultations in Jakarta as a third party. These disputes supersede the previous dispute initiated by the United States (DS455) in relation to Indonesia’s import restrictions on these products.

Argentina – Measures Relating to Trade in Goods and Services (DS453)

On 12 December 2012, Panama requested WTO dispute settlement consultations with Argentina with respect to Argentina’s income and profit taxation measures, which have been exclusively applied to certain foreign entities from certain listed countries. A panel was established on 25 June 2013. Australia, China, Ecuador, the European Union, Guatemala, Honduras, India and the United States reserved their third party rights. Subsequently, Brazil, Oman, Saudi Arabia and Singapore reserved their third party rights. On 30 September the panel report was circulated to Members.

On 27 October 2015, Panama notified the DSB of its decision to appeal to the Appellate Body certain issues of law covered in the panel report. On 2 November 2015, Argentina notified the DSB of its decision to cross-appeal.

The Appellate Body report was circulated to Members on 14 April 2016.

United States – Countervailing and Anti-Dumping Measures on Certain Products from China (DS449)

On 17 September 2012, China requested consultations with the United States concerning countervailing duty provisions and associated anti-dumping measures on certain products from China. A panel was established on 17 December 2012 at the request of China, and was composed on 4 March 2013. Australia, Canada, the European Union, Japan, Turkey and Vietnam reserved their third party rights.

Australia submitted its third party written submission on 24 June 2013 and delivered its third party oral statement during the hearing on 3 July 2013.

US — Measures Affecting the Importation of Animals, Meat and other Animal Products from Argentina (DS447)

On 4 September 2012, Argentina requested consultations with the United States on measures applied to Argentina’s imports of meats and other products of animal origin. Argentina considered the measures to be applied on sanitary grounds without scientific justification. A panel was established on 28 January 2013. Australia, China, European Union, India and Republic of Korea reserved their third party rights. The panel was composed on 8 August 2013.

On 24 July 2015 the panel report was circulated to Members.

European Union and a Member State — Certain Measures Concerning the Importation of Biodiesels (DS443)

On 17 August 2012, Argentina requested consultations with the European Union and Spain concerning certain measures affecting the importation of biodiesels that relate to compliance with the mandatory targets for biofuels. Australia and Indonesia requested joining the consultations, and both requests were accepted by the European Union. On 17 December 2013 the European Union rejected Argentina’s first request to establish a panel at the meeting of the Dispute Settlement Body.

Argentina — Measures Affecting the Importation of Goods (DS444, DS445, DS446 and DS438)

On 25 May 2012, the European Union requested consultations with Argentina concerning certain measures imposed by Argentina on the importation of goods (DS438). On 21 August 2012, the United States and Japan requested consultations with Argentina regarding the same measures (DS444 and DS445, respectively). Mexico also requested consultations with Argentina on 24 August 2012 (DS446). Australia, as well as a number of other WTO Members including Canada, China and India, requested to join consultations in each of the disputes. Mexico requested the establishment of a panel on 21 November 2012, but subsequently withdrew its request and remains in consultations. At the meeting of the Dispute Settlement Body on 28 January 2013 a panel was established.  The panel was composed on 27 May 2013.

Australia submitted its third party written submission on 28 August 2013 and delivered its third party oral statement during the hearing on 25 September 2013.

On 22 August 2014, the panel report was circulated to Members.

On 26 September 2014, Argentina notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretation in the panel report.

Australia did not submit a written third party submission to the Appellate Body, however it did deliver a third party oral statement during the hearing on 3-4 November 2014.

On 15 January 2015, the Appellate Body issued its Reports in DS438, DS444 and DS445 in the form of a single document constituting three separate Appellate Body Reports.

United States — Countervailing Duty Measures on Certain Products from China (DS437)

On 25 May 2012, China requested consultations with the United States concerning the imposition of countervailing duty measures by the United States on certain products from China. At its meeting on 28 September 2012, the WTO Dispute Settlement Body established a panel. Australia, Brazil, Canada, the European Union, India, Japan, Republic of Korea, Norway, Russian Federation, Turkey and Vietnam reserved their third party rights. The panel was composed on 26 November 2012.

Australia submitted its third party submission on 22 March 2013 and delivered its third party oral statement during the hearing on 30 April 2013.

On 22 August 2014, China filed an appeal covering most of the issue on which the Panel did not rule in its favour. On 27 August, the United States filed a cross-appeal of the Panel’s preliminary determination relating to the consistency of one section of China’s panel request with Article 6.2 of the DSU.

Australia did not submit a written third party submission to the Appellate Body in DS437, however it did deliver a third party oral statement during the hearing on 16 October 2014.

The Appellate Body circulated its report on 18 December 2014. The report was adopted by the Dispute Settlement Body at its meeting of 16 January 2015. In response to the Appellate Body’s report, Australia made the following statement at the meeting of the Dispute Settlement Body:

United States — Countervailing Measures on Certain Hot-Rolled Carbon Steel Flat Products from India (DS436)

On 24 April 2012, India requested consultations with the United States with regard to the imposition of countervailing duties by the United States on certain hot rolled carbon steel flat products from India. The WTO Dispute Settlement Body established a panel on 31 August 2012. Australia, Canada, China, the European Union, Saudi Arabia and Turkey have reserved their third party rights. The panel was composed on 18 February 2013.

Australia submitted its written third party submission on 13 May 2013 and delivered its third party oral statement during the hearing on 10 July 2013.

On July 2014, the panel report was circulated to Members. On 8 August 2014, India notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretation in the panel report. On 13 August, the United States filed another appeal in the same dispute.

Australia submitted its written third party submission on 3 September 2014 and delivered its third party oral statement during the hearing on 24 September 2014.

The Appellate Body released its report on 8 December 2014, and the report was adopted by the Dispute Settlement Body on 19 December 2014. In response to the Appellate Body's report, Australia made the following statement at the meeting of the Dispute Settlement Body.

China — Measures Related to the Exportation of Rare Earths, Tungsten and Molybdenum (DS431, DS432 and DS433)

On 13 March 2012, the United States, the European Union and Japan separately requested consultations with China with respect to China's restrictions on the export of various forms of rare earths, tungsten and molybdenum (DS431, DS432 and DS433, respectively). At its meeting on 23 July 2012, the WTO Dispute Settlement Body established a single panel to examine these disputes. Australia, Argentina, Brazil, Canada, Chinese Taipei, Colombia, the European Union, India, Indonesia, Japan, Republic of Korea, Norway, Oman, Peru, Russian Federation, Saudi Arabia, Turkey, the United States and Vietnam reserved their third party rights. The panel was composed on 24 September 2012. Australia submitted its third party submission on 17 January 2013 and delivered its third party oral statement during the hearing on 27 February 2013.

India — Measures Concerning the Importation of Certain Agricultural Products from the United States (DS430)

On 6 March 2012, the United States requested WTO dispute settlement consultations with India with respect to prohibitions imposed by India on the importation of various agricultural products from the United States because of concerns related to avian influenza. At its meeting on 25 June 2012, the WTO Dispute Settlement Body established a panel. Australia, Argentina, Brazil, China, Colombia, Ecuador, the European Union, Guatemala, Japan and Vietnam reserved their third party rights. The panel was composed on 18 February 2013.

Australia submitted its third party written submission on 14 June 2013 and delivered its third party oral statement during the hearing on 24 July 2013. 

On 14 October 2014, the panel report was circulated to Members. On 26 January 2015, India notified the DSB of its decision to appeal to the Appellate Body certain issues of law and legal interpretation in the panel report. The Appellate Body’s report was handed down on 4 June 2015.

Canada — Certain Measures Affecting the Renewable Energy Generation Sector (DS412) and Canada — Measures Relating to the Feed-in Tariff Program (DS426)

On 13 September 2010, Japan requested consultations with Canada regarding Canada's feed-in tariff program for the renewable energy generation sector (DS412). On 11 August 2011 the European Union requested consultations with Canada regarding the same measures (DS426). A panel was established at the meeting of the WTO Dispute Settlement Body on 20 July 2011 for DS412 and on 20 January 2012 for DS426. The panel for DS412 was composed on 6 October 2011. On 23 January 2012, the panel for DS426 was composed with the same members as the DS412 panel. The timetable for both disputes was harmonized. Australia, Brazil, China, El Salvador, India, Japan, Republic of Korea, Mexico, Norway, Saudi Arabia, Chinese Taipei, Turkey and the United States reserved their third party rights in each of the disputes.

On 19 December 2012, the panel report was circulated to Members. On 5 February 2013, Canada filed a Notice of Appeal, and on 11 February 2013 Japan and the European Union also filed Notices of Appeal. The Appellate Body hearing took place from 14 to 15 March 2013. Australia made the following submissions and statements during the appeal process:

The Appellate Body released its report on 6 May 2013, and the report was adopted by the Dispute Settlement Body on 24 May 2013.  In response to the Appellate Body's Report, Australia made the following statement at the meeting of the Dispute Settlement Body.

United States – Certain Country of Origin Labelling (COOL) Requirements (DS384, DS386)

On 1 December 2008, Canada requested consultations with the United States regarding the mandatory country of original labelling (COOL) provisions in the United States Agricultural Marketing Act of 1946. On 17 December 2008, Mexico requested consultations with the United States. A panel was established on 19 November 2009. Argentina, Australia, China, Colombia, India, Japan, Republic of Korea, Mexico, Peru and New Zealand reserved their third-party rights. Subsequently, Brazil, the European Communities, Guatemala and Chinese Taipei reserved their third-party rights.

On 18 November 2011, the panel report was released.  Both the European Union and the United States appealed aspects of the panel's findings. Australia lodged its third participant written submission with the Appellate Body on 13 April 2012. The oral hearing was held in Geneva from 2 to 3 May 2012.

On 23 July 2012 the Dispute Settlement Body adopted the Appellate Body reports.

On 23 May 2013, the ‘reasonable period of time’ for the United States to implement the Appellate Body’s rulings expired. On 25 September 2013, the Dispute Settlement Body agreed at the request of Canada and Mexico to refer the case to a compliance panel to determine whether the United States brought its measure into compliance with the Appellate Body’s rulings. Australia, Brazil, China, the European Union, India, Japan, Republic of Korea, New Zealand and Guatemala have reserved their third party rights.

Canada and Mexico requested that a compliance panel be established. On 25 September 2013 the Dispute Settlement Body referred these requests to the original panel. On 20 October 2014 the compliance panel report was circulated.

On 28 November 2014 the United States made an appeal to the Appellate Body. On 18 May 2015 the compliance Appellate Body report was circulated. The Dispute Settlement Body adopted the Appellate and panel compliance reports.

Following objection by the US to the level of suspension of concessions proposed by Canada and Mexico, arbitration about the level of remedies was undertaken by the original panel. On 7 December 2015 the decision of the arbitrator was circulated. On 18 December 2015 the United States repealed its COOL legislation. On 21 December the Dispute Settlement Body authorised Canada to suspend certain tariff concessions and related obligations in the order of CDN$1,054,729 million on an annual basis, and US$227, 758 million annually for Mexico.

United States – Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381)

On 24 October 2008, Mexico requested consultations with the US in relation to the US’ requirement for producers to obtain and place a ‘dolphin-safe’ label on tuna products by providing documentary evidence of certain criteria.  On 20 April 2009, the Dispute Settlement Body established a panel.  Argentina, Australia, China, Ecuador, the European Communities, Guatemala, Japan, Republic of Korea, New Zealand, Chinese Taipei, Turkey, Brazil, Canada, Thailand and Venezuela reserved their third-party rights.

On 15 September 2011, the panel report was circulated to Members. Both the United States and Mexico appealed aspects of the panel’s findings. Australia participated in the Appellate Body third party hearing in Geneva on 10 February 2012.

On 13 June 2012 the Dispute Settlement Body adopted the Appellate Body report.

On 13 July 2013, the reasonable period of time for the US to comply with the Appellate Body’s report expired. On 2 August 2013, the US and Mexico agreed to measures under Articles 21 and 22 of the Dispute Settlement Understanding.

On 14 November 2013, Mexico requested the establishment of a compliance panel. On 27 January 2014, the compliance panel was composed. On 14 April 2015, the compliance panel report was circulated to Members.

On 5 June 2015, the United States notified the DSB of its decision to appeal certain issues of law and legal interpretations developed by the compliance panel. On 10 June 2015, Mexico notified the DSB of its decision to appeal certain issues of law and legal interpretations developed by the compliance panel.  On 3 December 2015, the DSB adopted the Article 21.5 Appellate Body reports and panel reports, as modified by the Appellate Body reports.

On 23 March 2016, the DSB referred the authorization of suspension of concessions or other obligations to arbitration pursuant to Article 22.6 of the DSU.

On 9 May 2016 the DSB established a compliance panel under Article 21.5 of the DSU at the request of the United States. Australia, Brazil, Canada, China, Ecuador, the European Union, Guatemala, India, Japan, Korea, New Zealand and Norway reserved their third party rights.

On 22 June 2016 the DSB established a compliance panel under Article 21.5 of the DSU at the request of Mexico.  Australia, Brazil, Canada, China, Ecuador, the European Union, Guatemala, Japan, Korea, New Zealand and Norway reserved their third party rights.

Australia lodged it third participant submission in the compliance panel hearing on 16 December 2016.

The compliance panel oral hearing was held in Geneva from 24 to 26 January 2017. Australia appeared at the third party session.

Australia filed its Executive Summary of the written submission and oral statement on 24 February 2017.

United States — Measures Affecting Trade in Large Civil Aircraft (Second Complaint) (DS353)

The European Communities requested consultations with the United States in June 2005 regarding subsidies provided to the US large civil aircraft industry. A panel was established on 17 February 2006. Australia, Brazil, Canada, China, Japan and Republic of 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 report was released on 31 March 2011. Both the European Union and the United States appealed aspects of the panel's findings.

Australia lodged its third participant submission in the Appellate Body hearing on 23 June 2011.

The first session of the Appellate Body oral hearing was held in Geneva from 16 to 19 August 2011. Australia appeared at the hearing.

Australia's Oral Statement for the first session of the hearing

The second session of the oral hearing was held in Geneva from 11 to 14 October 2011. Australia also appeared at the second hearing.

Australia's oral statement for the second session of the hearing in DS353

The Appellate Body circulated its report on 12 March 2012, which was adopted by the Dispute Settlement Body on 23 March 2012.

On 25 September 2012, the European Union requested consultations with the United States regarding alleged non-compliance with the recommendations and rulings in the Appellate Body report. At its meeting on 23 October 2012, the WTO Dispute Settlement Body agreed to refer the matter to the original panel. Australia, Canada, China, Japan, Korea, Brazil and the Russian Federation reserved their third party rights. On 30 October 2012, the compliance panel was composed. Due to the scale and complexity of the dispute, the panel does not expect that it will be in a position to complete its work before mid-2016.

European Communities — Measures Concerning Meat and Meat Products (Hormones): Recourse to Article 21.5 by the European Communities (DS26 and DS48)

On 22 December 2008, the European Communities requested consultations with the United States and Canada (DS26 and DS48 respectively) under Article 21.5 of the Dispute Settlement Understanding. This phase of the dispute concerns whether the European Communities has complied with the panel and Appellate Body rulings in the original EC - Hormones dispute (1998), in which its ban on hormone-treated beef was found to be inconsistent with various provisions of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures. Australia's request to join the consultations as a third party was accepted, and consultations took place on 10 February 2009. To date, none of the parties have requested the establishment of a panel.

At the regular meeting of the WTO Dispute Settlement Body on 19 June 2009 and 23 October 2009, Australia made a statement on the European Communities' new tariff rate quota (TRQ) for high quality beef. This TRQ was established as part of an understanding to reduce the level of sanctions in the ongoing EC - Hormones dispute between the European Communities and the United States. On 20 January 2010, Australia was granted access to this TRQ.

For more information see:

European Communities and Certain Member States — Measures Affecting Trade in Large Civil Aircraft (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 WTO Agreement on Subsidies and Countervailing Measures and GATT 1994 commitments. A panel was established on 20 July 2005. Australia, Brazil, Canada, China, Japan and Republic of 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 released its report on 30 June 2010. The report can be viewed on the WTO website.

Both the European Union and the United States appealed aspects of the panel's report.

Australia appeared at both hearings in the appeal, which was held from 11 to 17 November 2010 and 9 to 14 December 2010, in Geneva. Australia made the following submissions during the hearings.

The Appellate Body released its report on 18 May 2011, and the report was adopted by the Dispute Settlement Body on 1 June 2011.

On 30 March 2012, the United States requested the establishment of a compliance panel (under Article 21.5 of the WTO Dispute Settlement Understanding). At its meeting on 13 April 2012, the WTO Dispute Settlement Body agreed to refer the issues raised by the United States to the original panel. Australia, Brazil, Canada, China, and Japan reserved their third party rights. The compliance Panel was composed on 17 April 2012.

Australia made the following oral statement at the compliance hearing on 17 April 2013.

The compliance Panel report was circulated on 22 September 2016. The European Union appealed aspects of the compliance Panel's report on 13 October 2016.

Archive

Read archived WTO dispute settlement bulletins and details of former disputes involving Australia. Please note, the Department of Foreign Affairs and Trade no longer produces monthly WTO dispute settlement bulletins.

Australia and WTO dispute settlement bulletin archive


Last Updated: 28 February 2017