WORLD TRADE
ORGANIZATIONWT/DS270/1
G/L/575G/SPS/GEN/345
G/LIC/D/34
23 October 2002
(02-5813)
Original:  English
AUSTRALIA – CERTAIN MEASURES AFFECTING THE IMPORTATION
OF FRESH FRUIT AND VEGETABLES
Request for Consultations by the Philippines
The following communication, dated 18 October 2002, from the Permanent Mission of the
Philippines to the Permanent Mission of Australi a and to the Chairman of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.
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My authorities have instructed me to request consultations with the Government of Australia
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement ofDisputes ("DSU"), Article XXII of the General Agreement on Tariffs and Trade 1994
("GATT 1994"), Article 11 of the Agreement on the Application of Sanitary or Phytosanitary
Measures ("SPS Agreement"), and Article 6 of the Agreement on Import Licensing Procedures
regarding certain measures affecting the importation of fresh fruit and vegetables, including bananas.
These measures include, but are not limited to:  (i) Section 64 of Quarantine Proclamation
1998  promulgated under the Quarantine Act 1908 , (ii) regulations, requirements and procedures
issued pursuant thereto, (iii) amendments to any of the foregoing, and (iv) their application.
It appears to the Government of the Philippines that these measures may be inconsistent with
the obligations of Australia under the GATT 1994, the SPS Agreement, and the Agreement on Import
Licensing Procedures.  The relevant provisions of these agreements include, but are not limited to:
1. Articles XI and XIII of the GATT 1994;2. Should Australia assert that the measures are sanitary or phytosanitary measures as defined in
the SPS Agreement, Articles 2, 3, 4, 5, 6 and 10 of the SPS Agreement; and
3. Articles 1 and 3 of the Agreement on Import Licensing Procedures.
In accordance with Article 4 of the DSU, the Government of the Philippines requests
consultations with the Government of Australia to discuss this matter with a view to reaching amutually satisfactory solution.  The Government of  the Philippines looks forward to receiving your
reply to this request.
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