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European Communities - Measures Affecting the Approval and Marketing of Biotech Products
On 13 May 2003 the United States requested consultations with the EC concerning certain measures taken by the EC and its member States affecting imports of agricultural and food imports from the United States. Regarding EC-level measures the United States asserted that the moratorium applied by the EC since October 1998 on the approval of biotech products has restricted imports of agricultural and food products from the United States. Regarding member State-level measures the United States asserted that a number of EC member States maintain national marketing and import bans on biotech products even though those products have already been approved by the EC for import and marketing in the EC.
Non-Reciprocal Preference Erosion Arising from MFN Liberalitzation in Agriculture
This paper estimates the risk of preference erosion for non-reciprocal preference recipients in the agricultural sector as a consequence of MFN tariff cuts. It is based on a simulation of a single tariff-cutting scenario. The measure of preference erosion risk is the difference in preference margins enjoyed by individual suppliers to the QUAD (Canada EU Japan United States) markets before and after a MFN tariff reduction multiplied by the associated trade flow. The paper does not attempt to determine how losses in preference margins translate into trade outcomes but it does highlight which products and which non-reciprocal preference beneficiaries are the most vulnerable to erosion effects in the major developed country markets. Overall the paper finds that the risk of preference erosion is small but some countries are strongly affected in particular product lines (notably sugar and bananas).
Japan - Import Quotas on Dried Laver and Seasoned Laver
On 1 December 2004 Korea requested consultations with Japan concerning Japan’s import quotas on dried laver and seasoned laver. According to the request for consultations Korea believes that Japan’s extremely restrictive import quotas on dried laver and seasoned laver are inconsistenté.
Japan - Measures Affecting the Importation of Apples - Recourse 1
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
European Communities - Export Subsidies on Sugar - Complaint by Brazil
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Thailand
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Australia
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
Korea - Measures Affecting Trade in Commercial Vessels
On 21 October 2002 the European Communities requested consultations with Korea on certain measures establishing subsidies to its shipbuilding industry which according to the European Communities are inconsistent with Korea’s obligations under the SCM Agreement. These measures are as follows: - Corporate restructuring subsidies in the form of debt forgiveness debt and interest relief and debt-to-equity swaps provided through government-owned and government-controlled banks; - Special taxation on in-kind contribution and the special taxation on spin-off scheme provided in the Special Tax Treatment Control Law which establishes two tax programmes limited to companies under corporate restructuring and provided tax concessions to Daewoo; - Pre-shipment loans and advance payment refund guarantees provided by the state-owned Export-Import Bank of Korea (“KEXIM”) to all Korean shipyards
United States - Subsidies on Upland Cotton
On 27 September 2002 Brazil requested consultations with the United States regarding prohibited and actionable subsidies provided to US producers users and/or exporters of upland cotton as well as legislation regulations statutory instruments and amendments thereto providing such subsidies (including export credits) grants and any other assistance to the US producers users and exporters of upland cotton (“US upland cotton industry”). Brazil contended that these measures were inconsistent with the obligations of the United States under the following provisions: Articles 5(c) 6.3(b) (c) and (d) 3.1(a) (including item (j) of the Illustrative List of Export Subsidies in Annex I) 3.1(b) and 3.2 of the SCM Agreement; Articles 3.3 7.1 8 9.1 and 10.1 of the Agreement on Agriculture; and Article III:4 of GATT 1994. Brazil was of the view that the US statutes regulations and administrative procedures listed above were inconsistent with these provisions as such and as applied. On 9 October and 11 October 2002 Zimbabwe and India respectively requested to join the consultations. On 14 October 2002 Argentina and Canada requested to join the consultations. The United States informed the DSB that it had accepted the requests of Argentina and India to join the consultations.
European Communities - Export Subsidies on Sugar - Complaint by Thailand
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Australia
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
European Communities - Export Subsidies on Sugar - Complaint by Brazil
On 27 September 2002 Australia and Brazil requested consultations with the European Communities concerning the export subsidies provided by the EC in the framework of its Common Organisation of the Market for the sugar sector. The requests concerned Council Regulation (EC) No. 1260/2001 of 19 June 2001 on the EC’s common organization of the markets in the sugar sector and all other legislation regulations administrative policies and other instruments relating to the EC regime for sugar and sugar containing products including the rules adopted pursuant to the procedure referred to in Article 42(2) of Council Regulation (EC) No. 1260/2001 and any other provision related thereto. On 14 March 2003 Thailand requested consultations with the European Communities on the same matter.
United States - Subsidies on Upland Cotton
On 27 September 2002 Brazil requested consultations with the United States regarding prohibited and actionable subsidies provided to US producers users and/or exporters of upland cotton as well as legislation regulations statutory instruments and amendments thereto providing such subsidies (including export credits) grants and any other assistance to the US producers users and exporters of upland cotton (“US upland cotton industry”). Brazil contended that these measures were inconsistent with the obligations of the United States under the following provisions: Articles 5(c) 6.3(b) (c) and (d) 3.1(a) (including item (j) of the Illustrative List of Export Subsidies in Annex I) 3.1(b) and 3.2 of the SCM Agreement; Articles 3.3 7.1 8 9.1 and 10.1 of the Agreement on Agriculture; and Article III:4 of GATT 1994. Brazil was of the view that the US statutes regulations and administrative procedures listed above were inconsistent with these provisions as such and as applied. On 9 October and 11 October 2002 Zimbabwe and India respectively requested to join the consultations. On 14 October 2002 Argentina and Canada requested to join the consultations. The United States informed the DSB that it had accepted the requests of Argentina and India to join the consultations.
Japan - Measures Affecting the Importation of Apples
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
Japan - Measures Affecting the Importation of Apples
On 1 March 2002 the United States requested consultations with Japan regarding restrictions allegedly imposed by Japan on imports of apples from the United States. The United States’ complaint arose from the maintenance by Japan of quarantine restrictions on apples imported into Japan which restrictions were said to be necessary to protect against introduction of fire blight. Among the measures the United States complained of were the prohibition of imported apples from orchards in which any fire blight was detected the requirement that export orchards be inspected three times yearly for the presence of fire blight and the disqualification of any orchard from exporting to Japan should fire blight be detected within a 500 meter buffer zone surrounding such orchard. The United States claimed that these measures might be inconsistent with the obligations of Japan under:
United States - Tax Treatment for "Foreign Sales Corporations"
On 30 August 2002 the WTO issued the dispute panel reports in the case "United States - Tax treatment for "foreign sales corporations"".
Chile - Price Band System and Safeguard Measures Relating to Certain Agricultural Products
On 5 October 2000 Argentina requested consultations with Chile concerning: the price band system established by Law 18.525 (as subsequently amended by Law 18.591 and Law 19.546) as well as implementing regulations and complementary and/or amending provisions; and the provisional safeguard measures adopted on 19 November 1999 by Decree No. 339 of the Ministry of Economy and the definitive safeguard measures imposed on 20 January 2000 by Decree No. 9 of the Ministry of Economy on the importation of various products including wheat wheat flour and edible vegetal oils. Argentina considered that these measures raised questions concerning the obligations of Chile under various agreements. According to Argentina the provisions with which the measures relating to the said price band system are inconsistent include but are not limited to the following: Article II of the GATT 1994 and Article 4 of the Agreement on Agriculture. According to Argentina the provisions with which the safeguard measures are inconsistent include but are not limited to the following: Articles 2 3 4 5 6 and 12 of the Safeguards Agreement and Article XIX:1(a) of the GATT 1994
United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.
Canada - Measures Affecting the Importation of Milk and the Exportation of Dairy Products - Recourse 1
On 8 October 1997 the United States requested consultations with Canada in respect of export subsidies allegedly granted by Canada on dairy products and the administration by Canada of the tariff-rate quota on milk. The United States contended that these export subsidies by Canada distort markets for dairy products and adversely affect US sales of dairy products. The United States alleged violations of Articles II X and X1 of the GATT 1994 Articles 3 4 8 9 and 10 of the Agreement on Agriculture Article 3 of the SCM Agreement and Articles 1 2 and 3 of the Import Licensing Agreement.
United States - Tax Treatment for "Foreign Sales Corporations" - Recourse 1
On 18 November 1997 the European Communities requested consultations with the United States in respect of Sections 921-927 of the US Internal Revenue Code and related measures establishing special tax treatment for “Foreign Sales Corporations” (FSC). The European Communities contended that these provisions were inconsistent with the United States' obligations under Articles III:4 and XVI of the GATT 1994 Articles 3.1(a) and (b) of the SCM Agreement and Articles 3 and 8 of the Agreement on Agriculture.