India – measures concerning the importation

of certain agricultural products

Recourse to Article 21.5 of the DSU by india

Request for the Establishment of a Panel

The following communication, dated 6 April 2017, from the delegation of India to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.5 of the DSU.

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        India hereby requests the establishment of a panel pursuant to Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), and Article 11 of the Agreement on Sanitary and Phytosanitary Measures ("SPS Agreement") with respect to the issues identified below.

1.         BACKGROUND TO THIS REQUEST

On 19 June 2015, the Dispute Settlement Body ("DSB") adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report, in India – Measures Concerning the Importation of Certain Agricultural Products (DS430).^[1] These reports concluded that India's Avian Influenza measures, reflected in S.O. 1663(E), were inconsistent with Article 2.3; Article 3.1; Article 5.1; Article 5.2; Article 5.6 and consequentially inconsistent with Article 2.2; Article 6.1; Article 6.2; Article 7; as well as Annex B(2) and Annex B(5)(a), (b) and (d) of the SPS Agreement. In accordance with these reports, the DSB recommended that India bring its measures, found to be inconsistent with the SPS Agreement, into conformity with its obligations under that Agreement.

On 15 July 2015, India informed the DSB that it intended to implement the recommendations and rulings of the DSB in a manner that respects its WTO obligations within a reasonable period of time.^[2] On 8 December 2015, India and the United States informed the DSB that they had agreed on a reasonable period of time up to 19 June 2016 for India to implement the recommendations and rulings of the DSB.^[3] On 10 June 2016, India provided a status report to the DSB on its progress in implementation, pursuant to Article 21.6 of the DSU.^[4]

India requested the United States to enter into a sequencing agreement to sequence any possible recourse to Article 21.5 or Article 22.2 of the DSU, which India considers to be the general practice followed in good faith by WTO Members. Till date, the United States has not agreed to India's request, and, as a result, there is no sequencing agreement between India and the United States in this dispute.