Costa Rica – Measures concerning the importation of
fresh avocados from Mexico

Request for the establishment of a panel by Mexico

The following communication, dated 22 November 2018, from the delegation of Mexico to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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On 8 March 2017, Mexico requested consultations with Costa Rica pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), and Article 11.1 of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), concerning certain measures adopted by Costa Rica with respect to the importation of fresh avocados for consumption from Mexico.^[1]

The consultations between the two countries were held on 26 and 27 April 2017. Unfortunately, these consultations failed to settle the dispute.

Accordingly, Mexico respectfully requests the establishment of a panel pursuant to Articles 4.7 and 6 of the DSU, Article XXIII of the GATT 1994, and Article 11.1 of the SPS Agreement, concerning certain measures that prohibit or restrict the importation of fresh avocados from Mexico. Mexico further requests that the panel to be established examine this matter on the basis of the standard terms of reference as set out in Article 7.1 of the DSU.