AUSTRALIA – MEASURES AFFECTING THE IMPORTATION OF APPLES FROM NEW ZEALAND
Document: Status Report by Australia
Date: 23 August 2011
Document codes: WT/DS367/20
Complainant: New Zealand
Respondent: Australia
Third parties: Chile, EU, Japan, Pakistan, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 2.2, 2.3, 5.1, 5.2, 5.5, 5.6, 8, Annex C  Sanitary and Phytosanitary Measures (SPS)

AUSTRALIA – MEASURES AFFECTING THE IMPORTATION OF APPLES
FROM NEW ZEALAND

Status Report by Australia

 The following communication, dated 22 August 2011, from the delegation of the Australia to
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute

(WT/DS367)

 Australia submits this report in accordance with Article 21.6 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes.

 At its meeting on 17 December 2010, the DSB adopted the Panel and A ppellate Body reports
in Australia – Measures Affecting the Importa tion of Apples from New Zealand (WT/DS367) . On
13 January 2011, Australia notified the DSB of its intention to implement the recommendations and
rulings in this dispute. On 30 November 2010, the Australian Government had foreshadowed its
intention to implement the recommendations and rulings by undertaking a science-based review of
Australia's import risk analysis for New Zealand apples. On 31 January 2011, Australia and New
Zealand informed the DSB that they had agreed on a reasonable period of time for implementation,
expiring on 17 August 2011. The agreed reasonabl e period of time for implementation was to allow
Australia to be in a position to issue import permits for New Zealand apples from 17 August 2011,
based on any conditions arising out of the review.

 As notified to the DSB on 13 January 20 11, Australia decided to implement the
recommendations and rulings of the DSB through a scien tific review of the pre-existing import policy
for New Zealand apples with respect to the three pest s at issue in the dispute (fire blight, European
canker, and apple leaf curling midge). The revi ew was a non-regulated an alysis under Australia's
import risk analysis process and was conducted by the Australian Department of Agriculture,
Fisheries and Forestry, through Biosecurity Australia. A draft of the review was released for a 60 day
public comment period on 4 May 2011. The Govern ments of New Zealand and the United States, as
well as other stakeholders, made submissions on the draft review during the comment period. Their
submissions, along with those of the other stakehol ders, were taken into account in finalising the
review. The Final report for the non-regulated analysis of existing policy for apples from New
Zealand was issued on 17 August 2011.

 On 17 August, the Australian Government announ ced that Australia's Director of Animal and
Plant Quarantine had determined a policy for the im port of apples from New Zealand. The policy has
the following requirements:

 phytosanitary measures as specified in the Fi nal report for the non-regulated analysis of
existing policy for apples from New Zealand and those measures applying from the 2006
Final import risk analysis report for apples from New Zealand that were not challenged
by New Zealand in the dispute
 a supply chain trace-back system for apples from orchard to arrival in Australia
 an Australian managed audit and verification syst em to ensure the phytosanitary status of
consignments and the maintenance of the production systems used in New Zealand to
produce apples for export.
On 17 August, Australia commenced issuing im port permits for apples from New Zealand on the
basis of this policy, consistent with the joint no tification of the agreed reasonable period of time by
Australia and New Zealand to the DSB on 31 January 2011.

On this basis, Australia has fully implemented th e recommendations and rulings of the DSB in this
dispute.