Summary of Australia's involvement in disputes currently before the World Trade Organization
Australia — Measures Affecting the Importation of Apples from New Zealand
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.
On 12 March 2008, the panel was composed of the following three individuals: Mr Attie Swart (Chair), Mr William Ehlers and Ms Kirsten Hillman.
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 complied 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.
Australia lodged its first written submission in Geneva on 18 July 2008, in response to New Zealand's complainant submission.
Both parties participated in the first panel hearing in Geneva on 2-3 September 2008.
On 19 December 2008, Australia and New Zealand jointly advised the panel that New Zealand would no longer pursue its claim against one of the measures at issue, based on Australia's advice that it does not impose such a measure. See: Joint letter to the Panel. (also available in pdf).
In the first quarter of 2009, the panel consulted independent experts on the scientific and technical issues in this dispute, and both parties commented on the experts' replies.
Australia then lodged its rebuttal submission with the panel on 21 April 2009.
The meeting with the experts and the second oral hearing took place in Geneva on 30 June - 2 July 2009.
The panel issued its interim report to the parties, on a confidential basis, on 31 March 2010. In April, both Australia and New Zealand requested the panel to review certain aspects of its report before its finalisation. The panel then issued its final report to the parties on 27 May 2010, again on a confidential basis. The Panel report was then translated into the other two WTO languages (French and Spanish) and officially circulated to the WTO membership on 9 August 2010. The report can be viewed on the WTO website. On 10 August, the Australian Government announced that it would appeal the Panel's decision to the WTO Appellate Body (see media release: Australia to appeal WTO apples decision).
Australia lodged its notice of appeal and its Appellant Submission in Geneva on 31 August and 7 September 2010 respectively.
On 14 September 2010, the Appellate Body granted Australia and New Zealand's joint request that the oral hearing in the appellate proceedings be open to the public, agreeing that the modalities for the hearing suggested by Australia and New Zealand would operate to protect confidential information.
On 15 September 2010, New Zealand filed a cross appeal to the Appellate Body on certain issues of law covered in the panel report and certain legal interpretations developed by the panel. Australia lodged an appellee submission in Geneva on 27 September 2010, which responds to the New Zealand's cross-appeal on the limited issue of whether New Zealand's claim of ‘undue delay' was within the Panel's term of reference.
The Appellate Body hearing took place in Geneva on 11-12 October 2010.
In accordance with Appellate Body procedures, the Appellate Body Report is expected to be circulated to WTO Members within ninety days from the lodging of the Notice of Appeal (29 November 2010).
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 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.
Philippines — Taxes on Distilled Spirits (DS396/DS403)
On 19 January 2010 the DSB established a panel to examine the European Union's complaint (DS396) concerning the Philippines' current excise tax regime on distilled spirits, which has been in place since 1997. Australia has joined the dispute as a third party along with China, Chinese Taipei, Mexico, Thailand and the United States. On 20 April 2010, the DSB also agreed to refer the United States' complaint over the same measures to the panel established in relation to the European Union's complaint. Those third parties (including Australia) who had reserved their rights in relation to the European Union dispute were automatically accorded third party status in respect of the United States dispute. In addition, the European Union and India reserved their third party rights in respect of the United States dispute. On 5 July 2010, the Director-General composed the panel.
Australia lodged its first third party written submission in Geneva on 25 October 2010 and an executive summary of the submission on 1 November 2010.
The panel's first meeting with the parties is scheduled to be held on 17 and 18 November 2010.
European Communities — Measures Concerning Meat and Meat Products (Hormones): Recourse to Article 21.5 by the European Communities (DS26, DS48)
On 8 January 2009, the European Communities requested consultations with the United States and Canada (DS26 and DS48 respectively) under Article 21.5 of the DSU. 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 SPS Agreement. Australia's request to join the consultations as a third party was accepted, and consultations took place on 10 February 2009 but failed to resolve the dispute. To date, none of the parties have requested the establishment of a panel.
At the regular meeting of the DSB 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 Hormones dispute between the European Communities and the United States. On 20 January 2010, Australia was granted access to this quota.
For more information see:
European Communities — Certain Measures Affecting Poultry Meat and Poultry Meat Products from the United States (DS389)
On 20 January 2009, the United States requested consultations with the European Communities in respect of its prohibition on the import of poultry treated with certain pathogen reduction treatments (PRTs) designed to reduce the amount of microbes on meat. Australia's request to join the consultations as a third party was accepted, and consultations took place on 11 February 2009 but failed to resolve the dispute. A panel was established in November 2009. Australia has joined this dispute as a third party.
European Union — Anti-Dumping Measures on Certain Footwear from China (DS405)
A panel was established in May 2010 to consider the European Union's anti-dumping investigation into Chinese footwear imports. Australia joined this dispute as a third party, along with Vietnam, the United States, Turkey, Japan and Brazil. On 5 July 2010, the Director-General composed the panel.
United States — Measures Concerning the Importation, Marketing and Sale of Tuna and Tuna Products (DS381)
On 24 October 2008, Mexico requested consultations with the United States in relation to certain measures taken by the latter concerning the importation, marketing and sale of tuna and tuna products. The consultations, to which Australia was a third party, failed to resolve the dispute. At its meeting on 20 April 2009, the DSB established a panel. Australia joined the dispute as a third party along with Argentina, China, Ecuador, the European Communities, Guatemala, Japan, Korea, New Zealand, Chinese Taipei and Turkey. Brazil, Canada, Thailand and Venezuela subsequently reserved their third-party rights. On 14 December 2009, the Director-General composed the panel.
Australia lodged its first written third party submission in Geneva on 28 April 2010.
The panel's first meeting with the parties was held on 19 and 20 October 2010.
Autralia lodged its responses to questions from the panel on 4 November 2010.
European Communities — Tariff Treatment of Certain Information Technology Products (DS375, DS376 & DS377)
On 23 September 2008 the DSB established a panel to examine the complaints of the United States, Japan and Chinese Taipei (DS375, DS376 & DS377 respectively) concerning the European Communities' tariff treatment of flat panel displays, set-top boxes with a communication function and multifunctional digital machines. Australia has joined the dispute as a third party along with Brazil, China, Costa Rica, Hong Kong, India, Korea, the Philippines, Singapore, Thailand, Turkey and Vietnam. The panel conducted its first meeting with the parties between 12 and14 May 2009, and the second meeting on 9 July 2009. Australia delivered an oral statement at the third party session on 13 May 2009. The panel released its report 0n 16 August 2010. The report can be viewed on the WTO website
The Dispute Settlement Body adopted the un-appealed panel report at its meeting on 21 September 2010.
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 Agreement on Subsidies and Countervailing Measures and GATT 1994 commitments. A panel was established on 20 July 2005. 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 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 decision. Australia will participate in the appeal.
Australia lodged a third participant submission and executive summary of the Submission in Geneva on 30 September 2010.
Thailand — Customs and Fiscal Measures on Cigarettes from the Philippines (DS371)
A panel was established on 17 November 2008 and later composed on 16 February 2009 to consider Thai customs duties and other fiscal measures imposed on imported Philippine cigarettes. Australia joined the dispute as a third party on the basis of systemic legal interests in the matters at issue. Australia is a third party along with the European Communities, Chinese Taipei, the United States, China and India. The first meeting with the parties and the panel was held on 10-12 June 2009 and Australia delivered an oral statement at the third party session on 11 June 2009.
United States — Certain Country of Origin Labelling (COOL) Requirements (DS384 & DS386)
At the request of Canada (DS384) and Mexico (DS386), a panel was established at the meeting of the DSB on 19 November 2009 concerning US regulations requiring the mandatory country of origin labelling of certain ‘covered' agricultural products. Covered commodities are beef, pork, lamb, chicken, goat meat, perishable agricultural commodities, peanuts, pecans, ginseng and macadamia nuts. On 10 May 2010, the Director-General composed the panel. Of interest, the parties to the dispute have requested that the panel proceedings be open to the public.
Australia has joined the dispute as a third party on the basis of commercial and systemic legal interests. Argentina, Brazil, China, Chinese Taipei, Colombia, the European Union, Guatemala, India, Japan, Korea, New Zealand and Peru have also joined as third parties. In response to Australia's request, enhanced third party rights were granted to all third parties.
Australia lodged its first written third party submission in Geneva on 18 August 2010; and an executive summary of the submission on 7 September 2010.
The first panel hearing was held in Geneva on 14-15 September 2010.
The panel's formal questions to parties and third parties were communicated on 20 September 2010 and Australia lodged its responses on 4 October 2010.
The second and final panel hearing is scheduled for early December.
United States — Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (DS379)
On 19 September 2008, China requested consultations with the United States regarding the anti-dumping and countervailing duties imposed by the United States. Consultations were held on 14 November 2008 but failed to resolve the dispute. On 12 December 2008, China requested that a panel be established to examine the matter. A panel was established following China's second request on 20 January 2009. China contends that the US measures are inconsistent with the Agreement on Subsidies and Countervailing Measures, the Anti-Dumping Agreement, China's Accession Protocol and GATT 1994 commitments of the United States. The panel was composed on 4 March 2009.
Australia has joined as a third party along with Argentina, Bahrain, Brazil, Canada, Chinese Taipei, the European Communities, India, Kuwait, Japan, Mexico, Norway, Saudi Arabia and Turkey.
Australia lodged its first written thirdparty submission in Geneva on 5 June 2009.
The first substantive meeting with the parties and third parties was held on 7-8 July 2009:
The Panel report was released on 22 October 2010.
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 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 in the second half of 2010.
United States — Domestic Support and Export Credit Guarantees for Agricultural Products (DS357 and 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. To date no request for panel composition has been made.
Meetings of the Dispute Settlement Body (DSB)
The next regular meeting of the DSB will be held on 23 November 2010.
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.