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
7 January 2022, addressed to the Chairperson of the Dispute Settlement Body
(DSB), is circulated in accordance with Article 21.5 of the Dispute
Settlement Understanding (DSU).
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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.
On 31 August 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 November 2021.
On 17 September 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 January 2022.
On 8 November 2021, the Panel accepted a further joint request from the
parties to delay the issuance of its Final Report until March 2022. Prior to
the Panel's informing the DSB of this delay, the parties again jointly
requested the Panel, on 6 January 2022, to delay the issuance of its Report for
a further two months. The Panel has accepted this request, and accordingly
wishes to inform the DSB that it now expects to issue its Final Report by the
end of May 2022.
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.
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