India – Measures Concerning the Importation
of Certain Agricultural Products
Recourse to Article 21.5 of the DSU by INDIA
Communication from the Panel
The following communication, dated 31 August 2021, addressed
to the Chairperson of the Dispute Settlement Body (DSB), is circulated in
accordance with Article 21.5 of the Dispute Settlement Understanding (DSU).
_______________
Article 21.5 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU) provides that the panel
shall circulate its report within 90 days after the date of referral of the
matter to it.
Article 21.5 of the DSU further provides that,
when a panel considers that it cannot provide its report within this time
frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its
report.
The Panel in this dispute was established on 22
May 2017 and composed, with the three original panelists, on 29 June 2017.[1]
On 23 November 2017, the Panel informed the DSB
that, due to the complexity of the issues in dispute, it expected to issue its
Final Report to the parties by the end of May 2018.
On 22 May 2018, the Panel informed the DSB that
it had accepted a joint request from the parties to delay the issuance of its
Final Report until September 2018.
On 20 August 2018, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until December 2018.
On 29 October 2018, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until March 2019.
On 11 February 2019, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until June 2019.
On 22 May 2019, the Panel informed the DSB that
it had accepted a further joint request from the parties to delay the issuance
of its Final Report until September 2019.
On 26 July 2019, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until December 2019.
On 4 November 2019, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until March 2020.
On 3 February 2020, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until June 2020.
On 26 May 2020, the Panel informed the DSB that
it had accepted a further joint request from the parties to delay the issuance
of its Final Report until September 2020.
On 24 August 2020, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until March 2021.
On 12 April 2021, the Panel informed the DSB
that it had accepted a further joint request from the parties to delay the
issuance of its Final Report until September 2021.
The Panel now wishes to inform the DSB that the
parties have again jointly requested the Panel to delay the issuance of its
Report. The Panel has accepted the parties' request, and accordingly now expects
to issue its Final Report by the end of November 2021.
The report will only be available to the public
once it is circulated to the Members in all three official languages of the
WTO. The date of circulation depends on completion of translation and the Panel
is not in a position to provide an estimated circulation date at this time.
I would be grateful if you would circulate this
letter to the Members of the DSB.
__________