DS537: Canada — Measures Governing the Sale of Wine

DS537: Canada — Measures Governing the Sale of Wine

The Latest News:

The Panel has set the following timetable:

Description Date
Organizational meeting Tuesday, 9 April 2019
a.  Article 6.2 Request

i.  Request filed by Canada

ii.  Response filed by Australia

 

Friday, 12 April 2019

Tuesday, 23 April 2019

b.  First written submissions
i.  Australia Friday, 10 May 2019
ii.  Canada Friday, 14 June 2019
c.  Third parties’ written submissions (Argentina, Chile, China, the European Union, India, Israel, the Republic of Korea, Mexico, New Zealand, the Russian Federation, South Africa, Chinese Taipei, Ukraine, Uruguay, and the United States)  

Friday, 28 June 2019

d.  [Advance questions from the Panel to the parties and third parties] [TBD]
e.  First substantive meeting with the parties Thursday, 18 and Friday, 19 July 2019
 Third-party session Friday, 19 July 2019
f.  Responses from the parties and third parties to written questions [Monday, 5 August 2019]
g.  Integrated executive summaries of third parties’ arguments [Monday, 12 August 2019]
h.  First integrated executive summaries of the parties [Monday, 12 August 2019]
i.  Second written submissions of the parties [Monday, 23 September 2019]
j.  [Advance questions from the Panel to the parties] [TBD]
k.  Second substantive meeting with the parties [Tuesday, 12 and Wednesday, 13 November 2019]
l.  Responses to written questions [Monday, 2 December 2019]
m.  Comments on responses to questions [Monday, 16 December 2019]
n.  Second integrated executive summaries of the parties [Monday, 13 January 2020]
o.  Issuance of descriptive part of the report to the parties [TBD]
p.  Comments by the parties on the descriptive part of the report [TBD]
q.  Issuance of the interim report, including findings and conclusions, to the parties [TBD]
r.  Deadline for parties to request review of part(s) of the report and to request an interim review meeting [TBD]
s.  Interim review meeting or, if no meeting is requested, deadline for comments on requests for review [TBD]
t.  Issuance of the final report to the parties [TBD]
u.  Circulation of the final report to Members Following translation

The Dispute:

On January 12, 2018, Australia requested consultations with Canada concerning measures maintained by the Canadian Government and the Canadian provinces of British Columbia, Ontario, Quebec, and Nova Scotia governing the sale of wine.  This request for consultations follows earlier requests for consultations submitted by the United States (DS520 and DS531) pertaining to measures maintained by the Canadian province of British Columbia governing the sale of wine in grocery stores.

Australia claims that the measures appear to be inconsistent with Articles III:1, III:2, III:4, XVII:1 and XXIV:12 of the GATT 1994.

Argentina, Chile, the European Union, New Zealand and the United States requested to join the consultations. Subsequently, Canada informed the Dispute Settlement Board that it had accepted the requests of Argentina, Chile, the European Union, New Zealand and the United States to join the consultations.

For the full list of documents filed with the WTO, click here.

The Proceedings:

On August 13, 2018, Australia requested the establishment of a panel. At its meeting on August 27, 2018, the DSB deferred the establishment of a panel.

At its meeting on September 26, 2018, the DSB established a panel. Argentina, Chile, China, the European Union, India, Israel, Korea, Mexico, New Zealand, the Russian Federation, South Africa, Chinese Taipei, Ukraine, the United States and Uruguay reserved their third-party rights.

Stay Tuned…

We will provide updates on this blog as the dispute develops.

John Reiterowski, DS Lawyers Canada, LLP

jreiterowski@dsavocats.ca

DS Customs & Trade team located in Paris, Brussels, Montreal, Toronto, Lima, Singapore, Vietnam, Beijing, Guangzhou, Dakar and Cotonou is at your disposal to provide you with additional information.

CONTACT US:

dscustomsdouane@dsavocats.com

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