Monday, November 29, 2010
The World Trade Organization (WTO) Appellate Body (AB) issued its ruling today in Australia - Measures Affecting Importation of Apples from New Zealand (DS367) in which it upheld most of the panel's findings that Australia had violated its obligations under the Sanitary and Phytosanitary (SPS) Agreement. More specifically, the WTO AB found that Australia's measures regarding fire blight and pests violated 5.1 and 5.2, but not 5.6, of the SPS Agreement. The Appellate Body recommends that the WTO Dispute Settlement Body request that Australia brings its measures into conformity with its obligations under the SPS Agreement. More information and a copy of the decision may be found here.