WT/DS580/1, G/L/1299  
G/AG/GEN/152, G/ SCM/D124/1  
 
7 March  2019 
(19-1343) Page: 1/17 
  Original: English  
 
INDIA – MEASURES CON CERNING SUGAR AND SU GARCANE  
REQUEST FOR CONSULTA TIONS BY AUSTRALIA  
The following communication, dated 1 March 2019, from the delegation of Australia to the delegation 
of India, is circulated to the Dispute Settlement Body in accordance with Article 4.4 of the DSU.  
 
_______________  
 
 
1. My authorities have instructed me to request consultations with the Government of the 
Republic of India ( "India") pursuant to Articles 1 and 4  of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes , Article XXII:1 of the General Agreement on Tariffs and Trade 
1994, Article 19 of the Agreement on Agriculture  and Articles 4 and 30 of the Agreement on Subsidies 
and Counte rvailing Measures  with respect to support India provides in favour of producers of 
sugarcane and sugar and export subsidies India provides for sugar and sugarcane.  
I.  Background  
2. India maintains a series of measures and programs that support Indian producers of 
sugarcane and sugar. These measures and programs comprise domestic support, including price 
support, and export subsidies.  
3. India provides domestic support  in favour of producers of sugarcane and sugar through a 
series of measures that include,  but are not limited to, the legal instruments, policies and other 
official documents identified in Section II of this request for consultations, whether operating 
separately or collectively. Australia recalls that India did not schedule a domestic support  reduction 
commitment level in Section I of Part IV of its Schedule XII. Accordingly, under Article 6.4 of the 
Agreement on Agriculture , India 's product -specific domestic support for sugarcane is limited to a de 
minimis  level at or below 10 per cent of the  value of production. Australia considers that the 
measures listed in Section II of this request for consultations are inconsistent with India 's obligations 
under Articles 3.2, 6.3 and 7.2(b) of the  Agreement on Agriculture  because they provide domestic 
support for sugarcane in excess of India 's de minimis entitlement.  
4. India provides export subsidies  for sugar or sugarcane through measures that include, but 
are not limited to, the legal instruments, policies and other official documents identified in Sectio n 
III of this request for consultations, whether operating separately or collectively. Australia recalls 
that India has not scheduled export subsidy reduction commitments under Section II of Part IV of 
its Schedule XII pertaining to sugar or sugarcane that  would permit it to use export subsidies. 
Accordingly, India may not provide export subsidies pertaining to sugar or sugarcane. Australia 
considers that the measures listed in Section III of this request for consultations provide export 
subsidies pertainin g to sugar or sugarcane.  Accordingly, these measures are inconsistent with India 's 
export subsidy obligations under Articles 3.3, 8, 9.1 and 10.1 of the Agreement on Agriculture . 
Furthermore, Australia considers these subsides are inconsistent with India 's obligations under 
Article 3 of the Agreement on Subsidies and Countervailing Measures.  
II.  Domestic Support Measures for Sugarcane and Sugar   
5. Federal -level domestic support for sugarcane  in the form of a mandatory minimum set price 
(the "Fair and Remunerative Price " (FRP)) that sugar mills in India are required to pay producers WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  of sugarcane for any sugarcane delivered to the mill as a result of, but not limited to, the following 
instruments:  
a) Sections 3 and 7 of the Essential Commodities Act, 1955, as amended;  
b) Sections 3, 3A, 4, 4A, and 5 of the Sugarcane (Control) Order, 1966, as amended;  
c) Communications fixing the FRP for sugarcane, including but not limited to:  
o Any communication by the Ministry of Consumer Affairs, Food & Public 
Distribution, Depa rtment of Food & Public Distribution or other agency of the 
Government of India that announces the FRP for sugarcane to be paid by sugar 
mills for the 2018 -19 season;  
o Ministry of Consumer Affairs, Food & Public Distribution communication 
"Cabinet approves determination of Fair and Remunerative Price payable by 
Sugar Mills for 2018 -19 sugar season " of 18 July 2018, announcing a base 
FRP of Indian Rupee (INR) 2,750/ton (INR 275/quintal (qtl)) of sugarcane to 
be paid by sugar mills for the 2018 -19 season;  
o Communication No. 3(3)/2016 -SP.II by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 1  June 2017, 
announcing a base FRP of INR 2,550/ton (INR 255/qtl) of sugarcane to be 
paid by sugar mills for the 2017-18 season;  
o Communication No. 3(7)/2015 -SP.I by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 12 April 
2016, announcing a base FRP of INR 2,300/ton (INR 230/qtl) of sugarcane to 
be paid by sug ar mills for the 2016 -17 season;  
o Communication  No. 3(1)/2014 -SP.II by the Ministry of Consumer Affairs, 
Food & Public Distribution, Department of Food & Public Distribution of 
2 February 2015, announcing a base FRP of INR 2,300/ton (INR 230/qtl) of 
sugar cane to be paid by sugar mills for the 2015 -16 season;  
o Communication No. 3(3)/2013 -SP.II by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 14 February 
2014, announcing a base FRP of INR 2,200/ton ( INR 220/qtl) of sugarcane to 
be paid by sugar mills for the 2014 -15 season;  
o All other federal government communications, instruments, successor 
instruments and any amendments thereto that provide for a FRP for sugarcane 
for the 2014 -15, 2015 -16, 2016 -17, 2 017-18, 2018 -19 seasons and 
subsequent seasons;  
d) All Notifications fixing the FRP to be paid for sugarcane on a mill -specific basis, 
including but not limited to:  
o Notification G.S.R. 1205(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, D epartment of Food & Public Distribution of 27  September  2017 
fixing the FRP for the 2016 -17 season;  
o Notification G.S.R. 1204(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 27 September 2017, 
fixing the FRP for the 2015 -16 season;  
o Notification G.S.R. 142(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 17 February 2017, 
fixing the FRP for the 2015 -16 season;  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o Notification G.S.R. 932( E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 30 September 2016, 
fixing the FRP for the 2015 -16 season;  
o Notification G.S.R. 195(E) of the Ministry of Consumer Affairs, Food & Public 
Distribu tion, Department of Food & Public Distribution of 28 February 2018, 
fixing the FRP for the 2014 -15 season;  
o Notification G.S.R. 752(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 1 October 201 5, 
fixing the FRP for the 2014 -15 season;  
o All other notifications similar to the one above that a mill -specific FRP to be 
paid for sugarcane for the 2014 -15, 2015 -16, 2016 -17, 2017 -18, 2018 -19 
seasons and subsequent seasons;  
o All other federal government co mmunications, instruments, successor 
instruments and any amendments thereto that provide for a mill -specific FRP 
for sugarcane for the 2014 -15, 2015 -16, 2016 -17, 2017 -18, 2018 -19 seasons 
and subsequent seasons;  
6. State -level domestic support for sugarcane  in the form of a mandatory minimum set price 
(the "State Advised Price " (SAP)) that sugar mills located in the respective Indian states are 
required to pay producers of sugarcane in that state for any sugarcane delivered to the mill, as a 
result of, but not limited to, the following instruments:  
a) Andhra Pradesh:  
o The State Advised Price for Andhra Pradesh for the 2016 -17 season;1 
o The State Advised Price for Andhra Pradesh for the 2015 -16 season;2 
o The State Advised Price for Andhra Pradesh for the 2014 -15 season;3 
b) Bihar:  
o The Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, as 
amended;  
o The State Advised Price in Bihar for the 2017 -18 season;4 
o The State Advised Price in Bihar for the 2016 -17 season;5 
o The State Advised Price in Bihar for the 2015 -16 season;6 
                                                
1 Reflected in Commission for Agricultural Costs and Prices, Department of Agriculture, Cooperation and 
Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India, Price Policy for Sugarcane 
(2018 -19 sugar season)  accessible at  
<http://cacp.dacnet. nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622>, p. 57  
2 Ibid. 
3 Ibid. 
4 Referred to in 'Mills to buy sugar cane at higher prices this season', Times of India , 14 November 
2018, accessible at <https://timesofindia.indiatimes.com/city/patna /mills -to-buy-sugar -cane-at-higher -prices -
this-season/articleshow/61632790.cms>.  
5 Reflected in Commission for Agricultural Costs and Prices, Department of Agriculture, Cooperation and 
Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Governmen t of India, Price Policy for Sugarcane 
(2018 -19 sugar season)  accessible at  
<http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622>, p. 57.  
6 Ibid. WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o The State Advised Price in Bihar for the 2014 -15 season;7 
c) Haryana:  
o The Punjab Sugarcane (Regulation of Purchase and Supply) Haryana 
Amendment Act, 2004, as amended;  
o The Haryana Sugarcane (Regulation of Supply and Purchase Rules, 1992, as 
amend ed; 
o The State Advised Price in Haryana for the 2016 -17 season;8 
o The State Advised Price in Haryana for the 2015 -16 season;9 
o The State Advised Price in Haryana for the 2014 -15 season;10  
d) Karnataka:  
o The Karnataka Sugarcane (Regulation of Purchase and Supply) Act, 2013, as 
amended;  
e) Maharashtra:  
o The Essential Commodities (Maharashtra Amendment) Act, 1975, as 
amended;  
o The Maharashtra Regulation of Sugarcane Price (Supplied to Factories) Act, 
2013, as amended;  
f) Punjab:  
o The Punjab Sugarcane (Regulation of Purchase a nd Supply) Act, 1953, as 
amended;  
o The Punjab Sugarcane (Regulation of Purchase and Supply) Rules, 1958, as 
amended;  
o The State Advised Price in Punjab for the 2016 -17 season;11 
o The State Advised Price in Punjab for the 2015 -16 season;12 
o The State Advised Price in Punjab for the 2014 -15 season;13 
g) Tamil Nadu:  
o The Tamil Nadu Sugarcane (Regulation of Purchase Price) Act, 2018;14  
o Notification G.O.(Ms).No.228 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 11 September 2018 that provides the  date of 
entry into force of the Tamil Nadu Sugarcane (Regulation of Purchase Price) 
Act, 2018;  
                                                
7 Ibid. 
8 Ibid. 
9 Ibid. 
10 Ibid. 
11 Ibid. 
12 Ibid. 
13 Ibid. 
14 Reflected in Tamil Na du Government Gazette Extraordinary No. 249, 12 July 2018.  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o Notification G.O.(Ms).No.20 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 5 January 2017 that announces the State 
Advised Price for suga rcane to be paid by sugar mills in Tamil Nadu for the 
2016-17 season;  
o Notification G.O.(Ms).No.20 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 11 January 2016 that announces the State 
Advised Price for sugarcane to be paid by sugar  mills in Tamil Nadu for the 
2015-16 season;  
o Notification G.O.(Ms).No.15 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 14 January 2015 that announces the State 
Advised Price for sugarcane to be paid by sugar mills in Tamil Nadu for  the 
2014-15 season;  
h) Uttrarakhand:  
o The State Advised Price in Uttarakhand for the 2016 -17 season;15 
o The State Advised Price in Uttarakhand for the 2015 -16 season;16 
o The State Advised Price in Uttarakhand for the 2014 -15 season;17  
i) Uttar Pradesh:  
o The Uttar Pradesh (Regulation of Supply and Purchase) Act, 1953, as 
amended;  
o The State Advised Price in Uttar Pradesh for the 2018 -19 season;18 
o Notification No. 2489/46 -3-17-3(48)/98 -99 issued by Sugar Industry Section -
3, Government of Uttar Pradesh, dated 26 October  2017, that establishes a 
State Advised Price for the 2017 -18 season;  
o The State Advised Price in Uttar Pradesh for the 2016 -17 season;19 
o The State Advised Price in Uttar Pradesh for the 2015 -16 season;20 
o The State Advised Price in Uttar Pradesh for the 2014 -15 season;21 
j) Any and all other state level orders, acts or otherwise that regulate the purchase price 
for sugarcane, including announcements that fix the price of sugarcane in any of the 
above -mentioned states, and in the states of Gujarat, Madhya Pradesh, and 
                                                
15 Reflected in Commission for Agricultural Costs and Prices, Department of Agriculture, Cooperation and 
Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India,  Price Poli cy for Sugarcane 
(2018 -19 sugar season)  August 2017, p. 58, available at  
<http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622>.  
16 Ibid. 
17 Ibid. 
18 Referred to in  'UP govt decides not to raise cane price; SAP stays at Rs 315 a quintal', Business 
Standard , 30 November 2018, available at <https://www.business -standard.com/article/economy -policy/up -
govt-decides -not-to-raise-cane-price-sap-stays-at-rs-315-a-quintal -118113000853_1.html>.   
19 Reflected in Commission for Agricultural Costs and Prices, Department of Agriculture, Cooperation and 
Farmers Welfare, Ministry of Agriculture and Farmers Welfare, Government of India,  Price Policy for Sugarcane 
(2018 -19 sugar season) , August 2017, p. 58, available at  
<http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622>.  
20 Ibid. 
21 Ibid. WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  Telangana, including for the 2014 -15, 2015 -16, 2016 -17, 2017 -18, 2018 -19 season 
and subsequent seasons.22 
7. Federal -level domestic support for sugarcane and sugar  further includes the mandatory 
minimum price for sugar that Indian sugar mills are required to charge for sugar sold into the 
domestic Indian market (the "Minimum Selling Price " or "Minimum Sales Price " (MSP)), as a result 
of, but not limited to, the following instruments:  
a) Section 3 of the Essential Commodities Act 1955;  
b) Sugar (Control) Order, 19 66, as amended;23 
c) Sugar Price (Control) Order, 2018, as amended;24 
d) All other instruments, successor instruments and any amendments thereto, that set, 
restate, reaffirm or otherwise provide for a minimum price for domestic sugar sales in 
India from 2016 onwar ds, including but not limited to:  
o Order S.O. 874 (E), Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution of 14 February 2019 fixing the 
minimum selling price at INR 31/kilo;  
o Order S.O. 2346 (E), Ministry of C onsumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution Order of 7 June 2018 fixing the 
minimum selling price at INR 29/kilo;25  
e) All other instruments, successor instruments and any amendments thereto providing 
for a minimum pr ice for sugar for the 2014 -15, 2015 -16, 2016 -17, 2017 -18, 2018 -19 
seasons and subsequent seasons.  
8. Federal -level domestic support for sugarcane, in the form of production -based assistance to 
offset cane price arrears , involving budgetary outlays to support the production of, and the set prices 
for, sugarcane and sugar, as a result of, but not limited to, the following instruments:  
a) "Scheme for Assistance to Sugar Mills " for the 2018 -19 sugar season, Notification 
No. 1(14)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution of 5 October 2018;  
b) "Scheme for Assistance to Sugar Mills " for the 2017 -18 sugar season (INR 55/ton (INR 
5.5/qtl), Notification No. 1(5)/2018 -S.P.-I of the Ministry of Co nsumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 9 May 2018, and 
Notification No. 1(5)/2018 -S.P.-I of 16 August 2018;26 
c) Production Subsidy for the 2016 -17 sugar season to sugar mills to offset cost of cane 
and support cane price;27 
                                                
22 Ibid. 
23 Reflected in Gazette of India Extraordinary, Part II, Section 3, Sub -section (i), Ministry of Food, 
Agricultur e, Community Development and Cooperation Order, G.S.R. 912/Ess.Com./Sugar, (No. 1 -9/66-SPY), 
10 June 1966.  
24 Reflected in Gazette of India Extraordinary, Part II, Section 3, Sub -section (ii), Ministry of Consumer 
Affairs, Food & Public Distribution, Depart ment of Food & Public Distribution Order, S.O. 2345 (E), F. No. 
1(6)/2018 -SP-I, 7 June 2018.  
25 Providing that "(a) no producer of sugar shall sell or agree to sell or otherwise dispose off [sic] or 
deliver or agree to deliver white sugar or refined sugar i n the domestic market or remove white sugar or 
refined sugar from the godowns of the factory in which it is produced for sale in the domestic market, at a rate 
below rupees twenty -nine per kilogram till further orders;"  
26 Reflected in Ministry of Consumer Affairs Press Release, 'Sugar Industry', 31 July 2018: "Provided 
Assistance to sugar mills @Rs.5.50/quintal of cane crushed for sugar season 2017 -18 to offset the cost of cane 
amounting to about Rs.1540 crore".  
27 Reflected in Ministry of Consumer Affairs, Food and Public Distribution, Budget allocation to 31 March 
2016, "Production Subsidy to Sugar Mills to offset cost of cane and facilitate timely payment of cane price dues WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  d) Production Subsidy Scheme for the 2015 -16 sugar season, Notification No. 
20(43)/2015 -S.P.-1 of the Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution, of 2 December 2015, providing cash grants 
of INR 45/ton (INR 4.5/qtl) of cane crushed to pay farmers, via the Sugar 
Development Fund (SDF);28 
e) Production Subsidy for the 2014 -15 sugar season, providing cash grants to pay 
farmers paid directly to farmers on behalf of mills;  
f) All other instruments, succe ssor instruments and any amendments thereto providing 
for production -based assistance to sugar or sugarcane for the 2014 -15, 2015 -16, 
2016-17, 2017 -18, 2018 -19 seasons and subsequent seasons.  
9. Federal -level programs and measures making available subsidised loans to offset cane price 
arrears,  to support the production of, and the set prices for, sugarcane and sugar, as a result of, but 
not limited to, the following instruments:  
a) Federal -level Soft Loan for 2014 -15, making loans available to sugar mills to faci litate 
clearance of cane price arrears and support the cane price, with subvention of interest 
by the Government of India up to 10 per cent, with a 1 -year moratorium29, including 
through:  
o Notification No. 1(5)/2015 -S.P.-I of the Ministry of Consumer Affairs , Food & 
Public Distribution, Department of Food & Public Distribution of 23 June 2015;  
o Notification No. 1(7)/2015 -S.P.-I. of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 1 August 2015;  
o Notificat ion No. 1(7)/2015 -S.P.-I. of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 5 October 
2015;  
b) "Scheme for Extending Financial Assistance to Sugar Undertakings " 2014, Notification 
No. 20 -90/2013 -SP.-II of the Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution of 3 January 2014;   
c) Any loans granted at subsidised interest rates under Sections 4 and 5 of the Sugar 
Development Fund Act 1982, as amended, and th e Sugar Development Fund Rules 
1983, as amended;  
                                                
of farmers. (Subsidy) (New Scheme) Financial Year 2016 -17: Budget Estimates [INR] 9 50.01 [in crores]"; 
Ministry of Consumer Affairs, Food and Public Distribution, Notes on Demands for Grants 2016 -17, Demand No. 
17, Budget 2016 -17, "Production Subsidy to Sugar Mills to offset cost of cane and facilitate timely payment of 
cane price dues o f farmers, Plan: 950.01 [in crores of Rupees]", under Major Head 2408; and Outcome Budget 
2016-17, Department of Food and Public Distribution, 6.10 "Production Subsidy to Sugar Mills to offset cost of 
cane and facilitate timely payment of cane price dues o f farmers, [INR] 950.01 [crore], "The production 
subsidy @ [INR] 4.5 per quintal of cane crushed will be provided for estimated 255 million MT of cane. This will 
help sugar mills to reduce the financial burden and help farmers to clear the cane dues in tim e", pp. 21, 110.  
28 Including disbursements made to September 2016 and beyond, referred to on Department of Food & 
Public Distribution web site, "Production subsidy: Since the production subsidy scheme was withdrawn before 
time, the Central Government has d ecided to disburse the performance based production subsidy for cane 
crushed during 2015 -16 sugar season till the tenancy of the scheme vide notification dated 12.09.2016. Under 
the scheme, so far Rs. 520 crores have been disbursed as production subsidy to  213 sugar mills…", available at 
<https://dfpd.gov.in/sugar.htm >. See also Notification 20(43)/2015 -S.P.-1 of the Ministry of Consumer 
Affairs, Food & Public Distribution, Department of Food & Public Distributi on, of 19 May 2016.  
29 Reflected in 'Direct subsidy to sugarcane growers', Cabinet Committee on Economic Affairs (CCEA ) 
Press Release, 18 November 2015, "To further help the industry clear cane dues arrears, the Government has 
disbursed soft loans to the extent of Rs. 4,047 crore. To ensure that farmers are paid their dues expeditiously, 
the financial assistance has been passed on directly to the cane growers by the banks after obtaining the list 
from the mills. Furthermore, the Government has provided one year moratorium on this loan, and will bear the 
interest subvention cost to the extent of Rs. 600 crore for the said p eriod."  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  d) All other instruments, successor instruments and any amendment thereto at the 
federal level that provide for loans to sugar or sugarcane producers at subsidised 
interest rates to offset cane price arrears, f or the 2014 -15, 2015 -16, 2016 -17, 2017 -
18, 2018 -19 seasons and subsequent seasons.  
10. Federal and state -level measures providing financial assistance towards the maintenance of 
stocks for sugar,  including budgetary outlays to offset cost of cane and support c ane price, including 
but not limited to, through:  
a) Sugar (Control) Order 1966, clause 5, directing quantities that may be held by dealers 
of sugar;  
b) "Scheme for Creation and Maintenance of Buffer Stock ", notified in:  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 31 January 2019;  
o Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 
31 December  2018 notifying a change to  the Scheme for Creation and 
Maintenance of Buffer Stock;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 28 December 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 30 November 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 31 October 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 28 September 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 31 August 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 30 July 2018;  
o Order of Ministry of Consumer Affairs, Food & Public Distribution of 29 June 
2018, allocating of 30 Lakh MT (3 million metric tons) of buffer stock;  
o Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 15 June 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of Ministry of Consumer Affairs, Food & 
Public Distribution of 7 June 2018;  
o Order F. No. 1(2)/2018 -S.P.-1 Ministry of Consumer Affairs, Food & Public 
Distribution of 8 February 2018 ;  
o Order G.S.R.1069(E)., F. No. 1(6)/2016 -S.P.-1 of Ministry of Consumer 
Affairs, Food & Public Distribution of 28 August 2017;  
o Order S.O.3348(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 2 8 October 2016;  
o Order F. No. 1(6)/2016 -S.P.-1 of Ministry of Consumer Affairs, Food & Public 
Distribution of 8  September 2016;  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o Order G.S.R. 471(E) of Ministry of Consumer Affairs, Food & Public Distribution 
of 29 April 2016;  
c) Various forms of assistance sub sidies, subsidised loans and other subsidies specifically 
provided to producers of sugarcane and sugar for the maintenance of buffer stocks by 
the Indian states of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Madhya 
Pradesh, Maharashtra, Punjab, Tam il Nadu, Telangana, Uttar Pradesh, and 
Uttarakhand; and  
d) All other instruments, including all successor instruments and any amendments 
thereto, providing product -specific domestic support for sugarcane through non -
exempt direct payments or any other subsidy  not exempted from reduction 
commitments whether provided by the federal government or any of the individual 
states, for the 2014 -15, 2015 -16, 2016 -17, 2017 -18, 2018 -19 seasons and 
subsequent seasons.  
11. State -level support  such as cash grants, production -based cash grants, interest waivers, share 
capital contributions, loans extended from state treasuries, default guarantees on loans, deferral of 
purchase taxes, low -interest loans (including to pay the difference between the FRP and the SAP), 
debt restructuri ng and exemptions of sugar from local taxes and fees, including but not limited to:  
a) Bihar:  
o The Chief Ministers Sugarcane Development Scheme in the State of Bihar 
which provides subsidies for the purchase and transportation of registered 
seed of sugarcane for the 2017 -18 season;  
o Notification dated 2 August 2017 issued by Department of Industrial Unit, 
Government of Bihar, which reduces the rate of commission to be paid by 
sugar mills on the purchase of sugarcane for the 2016 -17 season;  
o Notification dated 17  May 2018 issued by Department of Industrial Unit, 
Government of Bihar, which reduces the rate of commission to be paid by 
sugar mills on the purchase of sugarcane for the 2017 -18 season;  
o Notification dated 17 May 2018 issued by Department of Industrial Un it, 
Government of Bihar, which exempts sugar mills from payments of certain 
taxes for the 2017 -18 season;  
b) Gujarat:  
o Scheme -1-180618 of the Sugar Regulatory Authority, Government of Gujarat, 
providing for liquidity support to sugar cooperatives for the 2018 -19 season;  
o Scheme -3-180618 of the Sugar Regulatory Authority, Government of Gujarat, 
providing funds to sugar mills for the 2018 -19 season;  
o Scheme -4-180618 of the Sugar Regulatory Authority, Government of Gujarat, 
providing for a liquidity support loan to sugar mills for the 2018 -19 season;  
c) Haryana:  
o Haryana financial assistance (subsidy and soft loans) of INR 16/qtl;30 
                                                
30 'State subsidies for farmers to improve mills' liquidity, clear cane dues', Business Standard, 19 
October 2018, available at <https://www.business -standard.com/article/economy -policy/state -subsidies -to-
improve -mills-liquidity -clear-cane-dues-118101900698_1.html>, and 'State subsidies to improve mills' 
liquidity & clear cane dues: Report', Daily Pioneer , 20 October 2018, available at 
<https://www.dailypioneer.com/2018/business/state -subsidies -to-improve -mills----liquidity ---clear-cane-dues-
report.html>  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  d) Maharashtra:  
o Notification No. SCPT -1117/CR -03/Taxation -3 of the Finance Department, 
Government of Maharashtra of 19 April 2017, which exempt s sugar factories 
from payments of certain taxes for the 2016 -17 season;  
o Notification dated 16 November 2016 issued by the Department of Agriculture, 
Government of Maharashtra providing for a soft loan scheme for sugarcane 
farmers in the State of Maharasht ra; 
o Funds provided by the State of Maharashtra in connection with drip and micro 
irrigation of sugarcane, including but not limited to:  
▪ Notification dated 31 July 2018 issued by the Department of Agriculture, 
Government of Maharashtra;  
▪ Notification dated 1 2 September 2018 issued by the Department of 
Agriculture, Government of Maharashtra;  
▪ Notification dated 24 July 2017 issued by the Department of Agriculture, 
Government of Maharashtra;  
▪ Notification dated 6 October 2016 issued by the Department of Agricultu re, 
Government of Maharashtra;  
e) Tamil Nadu:  
o Order G.O.(Ms). No.230 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 17 September 2018 that provides for payments 
to offset the difference between the SAP and the federal FRP  for the 2017 -18 
season;  
o Order G.O.(Ms). No.191 of the Agriculture (S1) Department of the 
Government of Tamil Nadu of 24 July 2018 that provides for payments to 
offset the difference between the SAP and the federal FRP for the 2017 -18 
season;  
f) Uttar Pradesh : 
o Notification dated 24 September 2015 issued by Sugar Industrial Unit, 
Government of Uttar Pradesh, providing for a scheme for easing dues on 
sugarcane farmers for the 2014 -15 season;  
o Notification dated 21 March 2018 issued by Sugar Industrial Unit, Gover nment 
of Uttar Pradesh, providing for funds for drip irrigation during the 2016 -17 
season;  
o Notification dated 15 November 2017 issued by Cane Development & Sugar 
Industry, Government of Uttar Pradesh, waiving the guarantee fee payable by 
certain sugar mill s on government guarantees;  
o Uttar Pradesh subsidy of INR 45/ton (4.5/qtl);31 
                                                
31 Referred to in 'Sweet & Sour: UP offers Rs 4000 crore loan, subsidy to clear cane dues', Financial 
Express , 26 September 2018: "the s oft loans will be provided through banks and other financial institutions on 
an interest rate of 5% for five years to all those sugar mills that have paid at least 30% of their total cane 
dues." available at  <https://www.financialexpress.com/industry/sweet -sour-up-offers -rs-4000-crore-loan-
subsidy -to-clear-cane-dues/1326772/>.  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o Uttar Pradesh below -market loans to farmers;32 
o Waiver of interest and/or penalties on late payment by millers to farmers for 
sugarcane;33 
g) Various other forms of assistance subsidies,  subsidised loans and other subsidies 
specifically provided to producers of sugarcane and sugar by any of the above -
mentioned states as well as the states of Andhra Pradesh, Gujarat, Karnataka, Madhya 
Pradesh, Punjab, Telangana and Uttarakhand, for the 201 4-15, 2015 -16, 2016 -17, 
2017-18, 2018 -19 seasons and subsequent seasons.34 
h) In addition to the measures identified in paragraphs 8 to 11, the measures covered 
by this request for consultations include any amendments to any of the measures 
listed in paragraph s 8 to 11 above, or  related, successor, replacement or 
implementing measures thereto.  
III.  Export Subsidies for Sugar  
12. Federal -level measures which provide subsidies to sugarcane and sugar producers contingent 
upon export performance , including, but not limited to, the following:  
a) Minimum Indicative Export Quotas ( "MIEQ ") that operate in conjunction with the other 
measures identified in this paragraph to require mills to export certain quantities of 
sugar as a condition for the grant or maintenance of a su bsidy. The instruments 
establishing the MIEQ arrangements require that sugar mills which fail to export the 
MIEQ allocated to them shall be deemed to be violating the directives of the 
Government issued under clause 5 of the Sugar (Control) Order, 1966. In struments 
establishing or evidencing MIEQ arrangements include, but are not limited to, the 
following:  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food and 
Public Distribution, Department of Food and Public Distribution, 
communicat ion to sugar mills of 12  October  2018;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 28  September 
2018, which allocates factory -wise minimum indicative export qu otas for the 
2018-19 season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 23 September 
2018 concerning the allocation of minimum indicative export quotas for th e 
2018-19 season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 
                                                
32 Referred to in 'Sweet & Sour: UP offers Rs 4000 crore loan, subsidy to clear cane dues', Financial 
Express , 26 September 2018 at  <https://www.financialexpress.com/industry/sweet -sour-up-offers -rs-4000-
crore-loan-subsidy -to-clear-cane-dues/1326772/>.  
33 Referred to in 'Akhilesh Yadav government waives sugarcane mill owners' dues', The Indian Express , 
4 October 2016, at <https://indianexpress.com/article/india/india -news-india/akhilesh -yadav -government -
waives -sugarcane -mill-owners -dues-3064292/>.  
34 Including support referred to in 'UP govt announces sops for sugar mills to clear farmers' dues' by 
Nov 30', United News of India , 25 September 2018, available at http://www.uniindia.com/~/up -govt-
announces -sops-for-sugar -mills-to-clear-farmers -dues-by-nov-30/States/news/1360778.html; 'Supplementary 
budget tabled by Yogi govt', The Pioneer , 28 August 2018, available at 
https://www.dailypioneer.com/2018/state -editions/supplementary -budget -tabled -by-yogi-govt.html; The 
Hindu, Punjab govt. to pay sugarcane farmers, 5 December 2018 at 
https://www.thehindu.com/news/national/other -states/punjab -govt-to-pay-sugarcane -
farmers/article25674269.ece.  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  23 August  2018, which makes certain amendments to Notification No. 
1(4)/2018 -SP-I of 9 May 2018;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 9 May 2018, 
which revises the allocation of minimum indicative export quotas for the 2017 -
18 season;  
o Notification N o. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 
28 March  2018, which allocates factory -wise minimum indicative export 
quotas for the 2017 -18 season;  
o Cabinet Committee on Economi c Affairs (CCEA) Press Release of 18 November 
2015;  
o Order F. No. 1(10)/2015 -SP-1 of Ministry of Consumer Affairs, Food and Public 
Distribution, Department of Food and Public Distribution, communication to 
sugar mills, of 18 September 2015;  
b) "Scheme for Assi stance to Sugar Mills " reflected in:  
o for the sugar season 2018 -19, Notification No. 1(14)/2018 -S.P.-I of the 
Ministry of Consumer Affairs, Food & Public Distribution, Department of Food 
& Public Distribution of 5 October 2018;  
o Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 16 August 
2018;  
o for the season 2017 -18, Notification No. 1(5)/2018 -S.P.-I of the Ministry of 
Consumer Affairs, Food & Public Distribution, De partment of Food & Public 
Distribution of 9 May 2018;  
c) Production Subsidy Scheme for the sugar season 2015/16, Notification No. 1(5)/2018 -
S.P.-I of the Ministry of Consumer Affairs, Food & Public Distribution, Department of 
Food & Public Distribution, provi ding cash grants of INR 45/ton (INR 4.5/qtl) of cane 
crushed to pay farmers, via the Sugar Development Fund (SDF), of 2 December 
201535; 
d) "Scheme for Creation and Maintenance of Buffer Stock ", reflected in:  
o Notification No. 1(6)/2018 -SP-I of the Ministry of  Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 31  December 
2018 notifying a change to the Scheme for Creation and Maintenance of Buffer 
Stock so that sugar mills must fully comply with directives, (including rela ting 
to the MIEQ);  
o Order No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution, of 29 June 2018 
allocating 30 Lakh MT (3 million metric tons) of buffer stock;  
                                                
35 Reflected in Gazette of India Extraordinary Part -1, sec tion-1, Notification No. 20(43)/2015 -S.P.-1 
Ministry of Consumer Affairs, Food & Public Distribution, Department of Food & Public Distribution dated 
2 December 2015; and including disbursements made to September 2016 and beyond, referred to on 
Department o f Food & Public Distribution web site, "Production subsidy: Since the production subsidy scheme 
was withdrawn before time, the Central Government has decided to disburse the performance based 
production subsidy for cane crushed during 2015 -16 sugar season till the tenancy of the scheme vide 
notification dated 12.09.2016. Under the scheme, so far Rs. 520 crores have been disbursed as production 
subsidy to 213 sugar mills…", available at < https://dfpd.gov.in/sugar .htm>. WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  o Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 15  June 2018;  
e) Duty-free Import Authorisation (DFIA) for raw sugar imported in the 2019 –20 and 
2020–21 sugar seasons, for mills which  have exported white/refined sugar during the 
2017–18 sugar season,36 reflected in:  
o Notification No. 57/2015 -2020 of the Ministry of Commerce and Industry, 
Department of Commerce, Directorate General of Foreign Trade of 28 March 
2018;  
f) Circular No. TM/A/15 -22/33 of the Mumbai Port Trust of 18 December 2018 notifying 
concessional rates for demurrage on exports of sugar;  
g) Low interest loans and grants to mills to pay the difference between the FRP and the 
SAP;  
h) All other instruments, including all successor inst ruments and any amendments 
thereto, providing federal -level subsidies contingent on export performance to sugar 
mills.   
13. State -level export subsidies for sugar  which make the provision of financial support to sugar 
mills contingent upon export performance including, but not limited to, instruments which provide 
for: 
a) Any subsidies contingent on export provided to producers of sugarcane and sugar by 
the Indian states of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Madhya 
Pradesh, Maharashtra, Punjab, Tamil Nadu, Telangana, Uttar Pradesh, and 
Uttarakhand; including production -based cash grants, interest waivers, share capital 
contribution, loans extended from state exchequer, default guarantee on loans, and 
deferral of purchase tax, debt restructuring a nd exemption of exported sugar from 
local taxes and fees;37 
b) All other instruments, including all successor instruments and any amendments 
thereto, providing state -level subsidies contingent on export performance to sugar 
mills.  
14. Federal -level assistance and export incentives , including under Sugar Rules / Sugar 
Development Fund (SDF) Rules rule 20B38 as amended (also referred to as the Raw Sugar Export 
Incentive Scheme),39 including, but not limited to:  
a) Sugar Development Fund (Amendment) Rules, 2015, Notificat ion GSR 127 (E)., F. No. 
20(90)/2013 -SP-I, Ministry of Consumer Affairs, Food & Public Distribution, of 27 
February 2015, amending Rule 20B of the Sugar Development Fund Rules 1983;40 
                                                
36 Notification No. 57/2015 -2020 of the Ministry of Commerce and Industry, Department of Commerce, 
Directorate General of Foreign Trade of 28 March 2018, referring to SION SI.No -E52. 
37 Similar to exported sugar exemption from local taxes and fees imp osed on domestic sugar to value of 
INR 950 per ton (2006 – 2008),  
38 Sugar Development Fund (Amendment) Rules, 2014, rule 20B, inserted 28 February 2014.  
39 Reflected in Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Publi c 
Distribution 'Sugar and Sugarcane Policy', "Provided financial assistance through 'raw sugar export incentive 
scheme'. Rs. 425 crore was disbursed under the scheme", available at < https://dfp d.gov.in/sugar -sugarcane -
policy.htm >.  
40 Providing at sub -rule (4): "the incentive shall be at the rate of rupees three thousand three hundred 
per metric tonne for April -May,2014, rupee three thousand three hundred per metric tonne for June -July,2014, 
and rupees three thousand three hundred seventy one per metric tonne for August -September,2014 and the 
incentive shall be rupees four thousand per metric tonne for the current sugar season 2014 -15(October, 2014 -
September, 2015)."  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  b) Export Incentive of INR 4,000 per ton (approximately 21 per cent of the w orld raw 
sugar price) for an additional 1.4 million tons above earlier seasons (19 February 
2015);41 
c) Export Incentive of INR 3,371 per ton (August – September 2014);  
d) Export Incentive of INR 2,277 per ton (April – May 2014);  
e) Export Incentive of INR 3,300 per  ton (3 March – 31 July 2014) (indicating eligibility 
would be contingent on production and export of sugar);42 
f) Sugar Development Fund (Amendment) Rules, 2014, Notification GSR 128 (E)., F.  No. 
20(90)/2013 -SP-I, Ministry of Consumer Affairs, Food & Public D istribution, of 28 
February 2014, inserting rule 20B of the Sugar Development Fund Rules 1983.43 
g) All other instruments, including all successor instruments and any amendments 
thereto, providing for export incentives for sugar.  
15. Freight assistance , including under the Sugar Development Fund (SDF) Rules rule 20A,44 as 
well as but not limited to:  
a) Federal -level freight assistance, including the "Scheme for defraying expenditure 
towards internal transport, freight, handling and other charges on export ", reflected 
in: 
o Notification F. No. 1(14)/2018 -SP-I of Ministry of Consumer Affairs, Food and 
Public Distribution, Department of Food and Public Distribution of 5 October 
2018, providing INR 1,000/ton for mills located within 100 kilometers (km) 
from ports; INR 2,500/ ton for mills beyond 100km from the port in coastal 
states; and INR 3,000/ton for mills in other than coastal states or actual 
expenditure, whichever is lower. It appears this is to be credited directly to 
the farmers on behalf of mills, to support the can e price.45 
o Communication F. No. 1 -3/2018 -Trade of the Ministry of Consumer Affairs, 
Food and Public Distribution, Department of Food and Public Distribution of 19 
November 2018, clarifying notification F. No. 1(14)/2018 -SP-I of 
5 October  2018;  
b) State -level f reight assistance, including state transportation payments for internal or 
international transport or freight, and measures in addition to federal SDF subsidy.46 
16. In addition to the measures identified in paragraphs 12 to 15, the measures covered by this 
request for consultations include any amendments, related, successor, replacement or implementing 
measures to any of the measures listed in paragraphs 12 to 15 above.  
                                                
41 Cabinet Committee on Economi c Affairs (CCEA) Press Release, 18 November 2015.  
42 Cabinet Committee on Economic Affairs (CCEA) Press Release, 18 November 2015, "To improve 
liquidity of sugar mills and facilitate payment of cane dues arrears, the Government had increased the export 
incentive on raw sugar from Rs 3300/MT to Rs. 4000/MT in the sugar season 2014 -15." 
43 Providing "the incentive shall be at the rate of Rupees three thousand three hundred per metric tonne 
for February and March, 2014 and, thereafter, be recalculated every two months after taking into account the 
average exchange rate of Rupee vis -à-vis USD…".  
44 Reflected in Sugar Development Fund (Second Amendment) Rules 2007, Notification G.S.R. 697(E) of 
the Ministry of Consumer Affairs, Food and Public Distribution, Departme nt of Food & Public Distribution, of 7 
November 2007.  
45 Referred to in 'Cabinet approves comprehensive policy to deal with excess sugar production in the 
country', Cabinet Committee of Economic Affairs (CCEA) Press Release, 26 September 2018.  
46 Similar to  Government of Maharashtra Resolution No. SSK1007/C.R.194/25 -C, 27 July 2007.  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  IV. Failure to Notify  
17. Failure to notify domestic support  for sugarcane and sugar, or inadequate notification of such 
domestic support, subsequent to 1995 -96. 
V.  Legal Basis for Australia 's Complaint  
18. Australia considers that India 's measures are inconsistent with India 's obligations under the 
covered agreements , in particular:  
a) Articles 3.2, 3.3, 6.3, 7.2(b), 8, 9.1, 10, 18.2 and 18.3 of the Agreement on 
Agriculture ; 
b) Articles 3 and 25 of the Agreement on Subsidies and Countervailing Measures ; and  
c) Article XVI of the General Agreement on Tariffs and Trade 1994 . 
19. Australia considers the measures identified in paragraphs 5 – 11 are inconsistent with Articles 
3.2, 6.3, and 7.2(b) of the Agreement on Agriculture. India did not schedule a domestic support 
reduction commitment level in Section I of Part IV of its Schedu le XII, and the amount of support to 
agricultural producers is in excess of India’s product -specific de minimis lev el of 10 per cent for 
sugarcane . 
20. Australia considers the measures identified in paragraphs 12 – 15 are inconsistent with Articles 
3.3 and 8 o f the Agreement on Agriculture because those measures appear to be export subsidies. 
India has not scheduled export subsidy reduction commitments in Section II of Part IV of its Schedule 
XII. These measures appear to be inconsistent with Article 10.1 of th e Agreement on Agriculture. 
India also appears to be in breach of Articles 18.2 and 18.3 of the Agreement on Agriculture because 
India has not included sugarcane in any of its annual domestic support noti fications subsequent to 
1995–96. 
21. Australia considers  the measures identified in paragraphs 12 – 15 are inconsistent with India 's 
obligations under Article 3 of the Agreement on Subsidies and Countervailing Measures  because they 
are prohibited subsidies. For the avoidance of doubt, Australia considers that I ndia cannot rely on 
the provisions of Article 27 of the Agreement on Subsidies and Countervailing Measures  with respect 
to its obligations under Article 3 . Australia also considers that India has acted inconsistently with 
Article 25 of the Agreement on Sub sidies and Countervailing Measures  because India has failed to 
notify its subsidies for sugarcane and sugar, including with respect to the measures identified in this 
request.  
22. Australia considers that India has acted inconsistently with Article XVI of the General 
Agreement on Tariffs and Trade 1994  because India has granted and maintained subsidies, including 
price support, which operate directly or indirectly to increase exports of sugar from India, and India 
has not complied with the requirement to notify  the Member States in writing.  
23. In accordance with Article 4.2 of the Agreement on Subsidies and Countervailing Measures , a 
statement of available evidence is annexed to this request.  
VI. Concluding Remarks  
24. We look forward to receiving your reply to this re quest and to fixing a mutually convenient 
date for consultations, with a view toward resolving this dispute.   
 
  WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  Statement of Available Evidence under Article 4.2  
This statement of evidence available to Australia at the time of filing relates to the nature and 
existence of measures adopted or maintained by India that appear to be prohibited subsidies 
contingent upon export performance inconsistent with Article 3 of the Agreement on Subsides and 
Countervailing Measures . 
1) Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food and Public 
Distribution, Department of Food and Public Distribution, communication to sugar mills, of 
12 October  2018.  
2) Notifica tion No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 28  September 2018, which 
allocates factory -wise minimum indicative export quotas for the season 2018/19.  
3) ‘Cabinet approves comprehensive policy to deal with excess sugar production in the country ', 
Cabinet Committee of Economic Affairs (CCEA) Press Release, 26 September 2018.  
4) Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 23 September 2018 concerning the 
allocation of minimum indicative export quotas for the season 2018/19.  
5) Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 23  August  2018, which makes 
certain amendments to Notification No. 1(4)/2018 -SP-I of 9 May 2018.  
6) Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public D istribution of 9 May 2018, which revises the 
allocation of minimum indicative export quotas for the season 2017/18.  
7) Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of  28 March  2018, which allocates 
factory -wise minimum indicative export quotas for the season 2017/18.  
8) ‘Direct subsidy to sugarcane growers ', Cabinet Committee on Economic Affairs (CCEA) Press 
Release of 18 November 2015.  
9) Order F. No. 1(10)/2015 -SP-1 of Min istry of Consumer Affairs, Food and Public Distribution, 
Department of Food and Public Distribution, communication to sugar mills of 18 September 
2015.  
10) Notification No. 1(14)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Depa rtment of Food & Public Distribution of 5 October 2018.  
11) Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 16 August 2018.  
12) Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 9 May 2018.  
13) Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution, o f 2 December 2015.  
14) Website of the Government of India Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution, at https://dfpd.gov.in.  
15) Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Pu blic 
Distribution, Department of Food & Public Distribution of 31  December 2018 notifying a 
change to the Scheme for Creation and Maintenance of Buffer Stock so that sugar mills must 
fully comply with directives, (including relating to the MIEQ).  
16) Order No.  1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution, of 29 June 2018 allocating 30 Lakh MT (3 million 
metric tons) of buffer stock.  
17) Notification No. 1(6)/2018 -SP-I of the Ministry of Con sumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 15  June 2018.  
18) Notification No. 57/2015 -2020 of the Ministry of Commerce and Industry, Department of 
Commerce, Directorate General of Foreign Trade of 28 March 2018, noti fying a Duty -free WT/DS580/1 • G/L/1299 • G/AG/GEN/152 • G/SCM/D124/1  
 
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  Import Authorisation (DFIA) scheme for raw sugar imported in the 2019 –20 and 2020 –21 
sugar seasons, for mills which have exported white/refined sugar during the 2017 –18 sugar 
season.  
19) Notification F. No. 1(14)/2018 -SP-I of Ministry of Cons umer Affairs, Food and Public 
Distribution, Department of Food and Public Distribution of 5 October 2018.  
20) Circular No. TM/A/15 -22/33 of the Mumbai Port Trust of 18 December 2018 notifying 
concessional rates for demurrage on exports of sugar.  
21) Sugar Developm ent Fund (Amendment) Rules, 2015, No tification GSR 127 (E)., F. 
No. 20(90)/2013 -SP-I, Ministry of Consumer Affairs, Food & Public Distribution, of 27 
February 2015, amending Rule 20B of the Sugar Development Fund Rules 1983.  
22) Sugar Development Fund (Second Amendment) Rules 2007, Notification G.S.R. 697(E) of 
the Ministry of Consumer Affairs, Food and Public Distribution, Department of Food & Public 
Distribution, of 7 November 2007, inserting Rule 20A of the Sugar Development Fund Rules 
1983.  
23) Notification F. No. 1(14)/2018 -SP-I of Ministry of Consumer Affairs, Food and Public 
Distribution, Department of Food and Public Distribution of 5 October 2018.  
24) Ministry of Consumer Affairs, Food and Public Distribution, Department of Food and Public 
Distribution ‘Sugar a nd Sugarcane Policy ', at https://dfpd.gov.in/sugar -sugarcane -
policy.htm.  
25) ‘Price Policy for Sugarcane (2018 -19 sugar season) ', Commission for Agricultural Costs and 
Prices, Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture 
and Farmers Welfare, Government of India, August 2017, at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=62
2. 
26) ‘Price Policy for Sugarcane (2017 -18 sugar season) ', Commission for Agricultural Costs and 
Prices, Department of A griculture, Cooperation and Farmers Welfare, Ministry of Agriculture 
and Farmers Welfare, Government of India, August 2016, at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=59
5. 
27) ‘Price Policy for Sugarcane (2016 -17 sugar se ason) ', Commission for Agricultural Costs and 
Prices, Department of Agriculture and Cooperation, Ministry of Agriculture, Government of 
India, August 2015, at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=57
6. 
__________