dean22029/WTO_Docs huggingface dataset:
EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING TO THE ENERGY SECTOR COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 22 August 2016
Document codes: WT/DS476/4
Complainant: Russia
Respondent: EU
Third parties: Brazil, China, India, Japan, Ukraine, U.S., Colombia, South Korea, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. XVI:1, XVII  Services (GATS)Art. III:4  GATT 1994Art. II:1, VI:1, VI:5(a)  Services (GATS)Art. I:1, XI:1, X:3(a)  GATT 1994Art. XVI  Services (GATS)

EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING
TO THE ENERGY SECTOR
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 18 August 2016, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the period in which a panel shal l conduct its examination, from the date that
the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and indicate
the reasons, together with an estimate of the period within which it will issue its report.

The Panel on European Union and its Member States – Certain Measures Relating to the Energy
Sector (DS476) was established by the DSB on 20 July 2015 and composed on 7 March 2016.

The Panel expects to issue its final report to the parties in May 2017 , in accordance with the
timetable adopted after consultation with the parties.

I would be grateful if you would circulate this letter to the Members of the DSB.
EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING TO THE ENERGY SECTOR COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
Document: COMMUNICATION FROM
Date: 7 April 2017
Document codes: WT/DS476/5
Complainant: Russia
Respondent: EU
Third parties: Brazil, China, India, Japan, Ukraine, U.S., Colombia, South Korea, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. XVI:1, XVII  Services (GATS)Art. III:4  GATT 1994Art. II:1, VI:1, VI:5(a)  Services (GATS)Art. I:1, XI:1, X:3(a)  GATT 1994Art. XVI  Services (GATS)

EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING
TO THE ENERGY SECTOR
COMMUNICATION FROM THE CHAIRPERSON OF THE PANEL
The following communication, dated 4 April 2017, addressed to the Chairperson of the Dispute
Settlement Body (DSB), is ci rculated in accordance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a panel shall conduct its examination, from the
date that the composition and terms of reference of the panel have been agreed upon until the
date the final report is issued to the parties to the dispute, shall, as a general rule, not exceed
six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settlement Body (DSB) in writing accordingly and
indicate the reasons, together with an estimate of the period within which it will issue its report.

 The Panel on European Union and its Member States – Certain Measures Relating to the
Energy Sector (DS476) was established by the DSB on 20 July 2015 and composed on
7 March 2016. In its communication to the DSB of 18 August 2016 (WT /DS476/4), the Panel
indicated that it expected to issue its final report to the parties in May 2017. However, it will not
be possible for the Panel to issue its final report to the parties by that time, due to the complexity
of the dispute and the large volume of evidence.

 The Panel expects to issue its final report to the parties no later than the end of 2017 , in
accordance with the revised timetable adopted after consultation with the parties.

 I would be grateful if you would circulate this letter to the Members of the DSB.
EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING TO THE ENERGY SECTOR COMMUNICATION FROM THE APPELLATE BODY
Document: Panel Report
Date: 21 November 2018
Document codes: WT/DS476/8
Complainant: Russia
Respondent: EU
Third parties: Brazil, China, India, Japan, Ukraine, U.S., Colombia, South Korea, Saudi Arabia
Dispute stage: Panel
Agreements cited: Art. XVI:1, XVII  Services (GATS)Art. III:4  GATT 1994Art. II:1, VI:1, VI:5(a)  Services (GATS)Art. I:1, XI:1, X:3(a)  GATT 1994Art. XVI  Services (GATS)

EUROPEAN UNION AND ITS MEMBER STATES – CERTAIN MEASURES RELATING
TO THE ENERGY SECTOR
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 20 November 2018, from the Chair of the Appellate Body to the
Chair of the Dispute Settlement Body, is being circulated to Members.

I am writing pursuant to Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), which states that, as a general rule, the Appellate Body will circulate its
Report no later than 60 days after the appellant has formally notified the Dispute Settlement Body
(DSB) of its decision to appeal. Article 17.5 further states that when the Appellate Body considers that
it cannot provide its Report within 60 days, "it shall inform the DSB in writing of the reasons for the
delay together with an estimate of the period within which it will submit its Report. In no case shall
the proceedings exceed 90 days."

The European Union notified the DSB on 21 September 2018 of its decision to appeal certain issues of
law covered in the Panel Report and legal interpretations developed by the Panel in this case. As
a result, the 60-day period expires on 20 November 2018. The Appellate Body is not able to circulate
its Report by that date.

The Appellate Body is also not able to circulate its report within the 90-day timeframe provided for
in the last sentence of Article 17.5 of the DSU. In this respect, we refer to the size of the Panel record
and the complex issues appealed. We further note that in view of the backlog of appeals pending with
the Appellate Body at present, the overlap in the composition of all divisions resulting in part from the
reduced number of Appellate Body Members, together with the shortage of staff in the Appellate Body
Secretariat, Division Members can currently spend only very little time preparing for this appeal. It will
not be possible for the Division to focus on the consideration of this appeal and for it to be fully staffed
for some time.

As soon as we know more precisely when the division can schedule the hearing in this appeal, we will
inform the participants and DSB Members.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the United States
Date: 22 May 2014
Document codes: WT/DS477/2; WT/DS477/1
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from the United States
The following communication, dated 20 May 2014, from the delegation of the United States to the
delegation of Indonesia, the delegation of Ne w Zealand and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

This concerns the request for consultations by New Zealand on Indonesia – Importation of
Horticultural Products, Animals, and Animal Products , circulated to Members on 15 May 2014
(). My authorities have instructed me to notify the consulting Members and the
Dispute Settlement Body of the desire of the Unit ed States to be joined in these consultations
pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.

The United States has a substantial trade interest in these consultations. They concern measures
related to the importation of horticultural products, animals, and animal products into Indonesia on
which the United States has also requested co nsultations (). US exports of the
affected horticultural, animals, and animal products totaled $152.8 million in 2013.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Thailand
Date: 26 May 2014
Document codes: WT/DS477/3; WT/DS477/1; G/L/1068; G/AG/GEN/118; G/LIC/D/47; G/PSI/D/3
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Thailand
The following communication, dated 22 May 2014, from the delegation of Thailand to the
delegation of Indonesia, the delegation of Ne w Zealand and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

On 15 May 2014, in a communication circulated to WTO Members as document ,
, , , , New Zealand requested consultations with
Indonesia on measures affecting the importation of certain horticultural products. Pursuant to
Article XXII of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") and Article 4.11 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"), the
Kingdom of Thailand hereby notifies the consulting Members and the Dispute Settlement Body of
its desire to be joined in these consultations.

As one of the largest exporters to Indonesia of the horticultural products at issue in this dispute,
Thailand has also been affected by Indonesia’s measures. Thailand, therefore, has a substantial
trade interest in the consultations.

Thailand looks forward to receiving confirmation of acceptance of this request, as well as advice
regarding the time and venue for these consultations.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from the European Union
Date: 26 May 2014
Document codes: WT/DS477/4
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from the European Union
The following communication, dated 23 May 2014, from the delegation of the European Union to
the delegation of Indonesia, the delegation of New Zealand and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the European Union hereby notifi es the Government of New Zealand, the
Government of Indonesia, and the Dispute Settlem ent Body that, in the light of the substantial
trade interest of the European Union, it desires to be joined in the consultations requested by
New Zealand in a communication circulated to WTO Members on 15 May 2014 (,
, , , ) entitled Indonesia – Importation of
horticultural products, animals and animal products.

The European Union is a major exporter of agricultural products (including horticultural products)
and maintains important trade relations with Indo nesia. In 2013, the European Union exported
agricultural goods valuing approximately €615m to Indonesia. The Indonesian import licensing
requirements may have a substantial impact on future trade flows between the European Union
and Indonesia. Accordingly, the European Union has a substantial trade interest in this dispute.

The European Union looks forward to being informed of the date and venue of the consultations.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Canada
Date: 27 May 2014
Document codes: WT/DS477/5
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Canada
The following communication, dated 23 May 2014, from the delegation of Canada to the delegation
of Indonesia, the delegation of New Zealand an d to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of Canada hereby notifies its desire to join in the consultations
requested by New Zealand pursuant to Articl es 1 and 4 of the DSU, Article XXII of the General
Agreement on Tariffs and Trade 1994 , Article 19 of the Agreement on Agriculture, Article 6 of the
Agreement on Import Licensing Procedures and Articles 7 and 8 of the Agreement on Preshipment
Inspection, concerning certain measures imposed by Indonesia on the importation of horticultural
products, animals and animal products.

The relevant communication was circulated to WTO Members on May 15, 2014, as Indonesia –
Importation of Horticultural Products, Animals and Animal Products (, ,

Canada has a substantial trade interest in these proceedings, as Indonesia is a priority export
market for Canadian agricultural products. As many of these products could be subject to non-
automatic import licensing and quotas in Indonesia, Canada is concerned that the measures at
issue may restrict trade and, therefore, negati vely affect Canadian exports to Indonesia.
Accordingly, Canada requests to join in these consultations.

A copy of this letter is being sent to the Chairman of the Dispute Settlement Body, with a request
that it be circulated to Members.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Chinese Taipei
Date: 27 May 2014
Document codes: WT/DS477/6; WT/DS477/1; G/L/1068; G/AG/GEN/118; G/LIC/D/47; G/PSI/D/3
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Chinese Taipei
The following communication, dated 23 May 2014, fr om the delegation of Chinese Taipei to the
delegation of Indonesia, the delegation of Ne w Zealand and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I wish to refer to the consultations requested by the Government of New Zealand in the
communication circulated to WTO Members on 15 May 2014 (, ,
, , ) titled Indonesia – Importation of Horticultural Products,
Animals and Animal Products.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, the Government of the Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu notifies the consulting Members and the Dispute Settlement Body of its desire to be joined
in these consultations.

The exportation of relevant horticultural products from the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu to the Republic of In donesia has been negatively affected by the
measures referred to in the request for consultations. Therefore, the Separate Customs Territory
of Taiwan, Penghu, Kinmen and Matsu has a substantial trade interest in these consultations.

The Separate Customs Territory of Taiwan, Penghu , Kinmen and Matsu looks forward to receiving
confirmation of acceptance of this request, as well as advice regarding the time and venue for
these consultations.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS REQUEST TO JOIN CONSULTATIONS
Document: Communication from Australia
Date: 28 May 2014
Document codes: WT/DS477/7
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
REQUEST TO JOIN CONSULTATIONS
Communication from Australia
The following communication, dated 26 May 2014, from the delegation of Australia to the
delegation of Indonesia, the delegation of Ne w Zealand and to the Chairperson of the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Australia notifies the Government of the Republic of Indonesia that, in light of
the substantial trade interest of Australia, it desires to be joined in Indonesia's consultations with
the New Zealand pursuant to the communication entitled Indonesia – Importation of Horticultural
Products, Animals and Animal Products circulated to WTO Members on 15 May 2014

Australia appreciated the opportunity to participate as a third party in the previous consultations
(for DS466) held in Jakarta on 23 September 2013. Australia has substantial trade and
commercial interests in this matter as a significant exporter of horticultural products, animals and
animal products to Indonesia. In 2013, Indonesia was estimated to be Australia's third largest
agricultural market, with exports totalling A$2.7 billion. In that year, Australia was Indonesia's
main source of live cattle (A$361 million), its largest supplier of beef imports (A$169 million) and
its fourth largest supplier of horticultural products (A$75 million).

Mindful of the rights and obligations of WTO Me mbers under Article 4.11 of the DSU, Australia
looks forward to receiving your reply, and advice of the date and venue of the consultations.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS ACCEPTANCE BY INDONESIA OF THE REQUESTS TO JOIN CONSULTATIONS
Document: ACCEPTANCE BY INDONESIA OF THE REQUESTS TO JOIN CONSULTATIONS
Date: 13 June 2014
Document codes: WT/DS477/8
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
ACCEPTANCE BY INDONESIA OF THE REQUESTS TO JOIN CONSULTATIONS
Australia, Canada, the European Union, Chinese Taipei, Thailand and the United States notified the
Dispute Settlement Body (DSB) of their desire to be joined in the consultations requested by New
Zealand, pursuant to Article 4.11 of the DSU.

The delegation of Indonesia informed the DSB that it had accepted the requests of Australia,
Canada, the European Union, Chinese Taipei and Thailand to join the consultations.

INDONÉSIE – IMPORTATION DE PRODUITS HORTICOLES,
D'ANIMAUX ET DE PRODUITS D'ORIGINE ANIMALE
DE PARTICIPATION AUX CONSULTATIONS
informé l'Organe de règlement des différends (ORD) qu'ils désiraient être admis à participer aux

La délégation de l'Indonésie a informé l'ORD qu'elle avait accepté les demandes de participation
européenne.

INDONESIA – IMPORTACIÓN DE PRODUCTOS HORTÍCOLAS,
ANIMALES Y PRODUCTOS DEL REINO ANIMAL
ESD, su deseo de ser asociados a las consultas solicitadas por Nueva Zelandia.

La delegación de Indonesia ha informado al OSD de que ha aceptado las solicitudes de asociación
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS APPELLATE BODY REPORTS AND PANEL REPORTS
Document: Action by the Dispute Settlement Body
Date: 23 November 2017
Document codes: WT/DS477/15; WT/DS478/15; WT/DS477/AB/R; WT/DS478/AB/R; WT/DS478/AB/R/Add.1; WT/DS477/R; WT/DS478/R; WT/DS478/R/Add.1
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
APPELLATE BODY REPORTS AND PANEL REPORTS
Action by the Dispute Settlement Body
At its meeting on 22 November 2017 , the Dispute Settlement Body adopted the Appellate Body
reports on Indonesia – Importation of Horticultural Products, Animals and Animal Products
( and WT/DS 477/AB/R/Add.1, and ) and
the Panel report s ( and WT/DS 477/R/Add.1, and ),
as modified by the Appellate Body report s. The Panel report s should be read in conjunction with
the Appellate Body reports.

INDONÉSIE – IMPORTATIONS DE PRODUITS HORTICOLES, D'ANIMAUX ET
DE PRODUITS D'ORIGINE ANIMALE
RAPPORTS DE L'ORGANE D'APPEL ET RAPPORTS DU GROUPE SPÉCIAL
À sa réunion du 22 novembre 2017, l'Organe de règlement des différends a adopté le s rapports de
l'Organe d'appel sur l'affaire Indonésie – Importations de produits hort icoles, d'animaux et de
produits d'origine animale ( et , et
du Groupe spécial doivent être lus conjointement avec ceux de l'Organe d'appel.

INDONESIA - IMPORTACIÓN DE PRODUCTOS HORTÍCOLAS,
ANIMALES Y PRODUCTOS DEL REINO ANIMAL
Actuación del Órgano de Solución de Diferencias
En su reunión de 22 de noviembre de 2017, el Órgano de Solución de Diferencias adoptó los
animales y productos del reino animal ( y ,
Órgano de Apelación.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS COMMUNICATION FROM INDONESIA, NEW ZEALAND AND THE UNITED STATES CONCERNING ARTICLE 21.3(C) OF THE DSU
Document: COMMUNICATION FROM
Date: 16 January 2018
Document codes: WT/DS477/17; WT/DS478/17
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
COMMUNICATION FROM INDONESIA, NEW ZEALAND AND THE UNITED STATES
 CONCERNING ARTICLE 21.3(C) OF THE DSU
The following communication, dated 11 January 2018 , from the delegation of Indonesia, the
delegation of New Zealand and the delegation of the United States to the Chairperson of the
Dispute Settlement Body, is circulated at the request of these delegations.

At its meeting on 22 November 2017, the Dispute Settlement Body ( "DSB") adopted its
recommendations and rulings in the disputes Indonesia — Importation of Horticultural Products,
Animals and Animal Products (DS477 / DS478). In its letter of 18 December 2017, Indonesia
stated that it w ould need a reasonable period of time to implement the DSB 's recommendations
and rulings in these disputes.

Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") provides that, in the absence of an agreement between the parties on a period of
time, the reasonable period of time shall be determined "through binding arbitration within 90
days after the date of adoption of the recommendations and rulings."

In order to allow sufficient time for Indonesia, New Zealand, and the United States (the parties) to
discuss a mutually agreed period or for an arbitration to be completed, the parties (i) confirm their
common understanding that, in the event an arbitration under Article 21.3(c) of the DSU is
requested, it shall be completed no later than 60 days after the date of the appointment of an
arbitrator, unless the arbitrator, following consultation with the parties, considers that additional
time is required; and (ii) he reby confirm that any award of the arbitrator (including an award not
made within 90 days after the date of adoption of the DSB recommendations and rulings) shall be
deemed to be an award of the arbitrator for the purposes of Article 21.3(c) of the DSU in
determining the reasonable period of time for Indonesia to implement the recommendations and
rulings of the DSB.

We respectfully request that you circulate this notification to the Members of the DSB.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
Document: AGREEMENT UNDER ARTICLE 21.3
Date: 19 June 2018
Document codes: WT/DS477/18; WT/DS478/18
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
AGREEMENT UNDER ARTICLE 21.3(B) OF THE DSU
The following communication, dated 14 June 2018 , from the delegation of Indonesia, the
delegation of New Zealand and the delegation of the United States to the Chairperson of the
Dispute Settlement Body, is circulated in accordance with Article 21.3(b) of the DSU.

On 22 November 2017, the Dispute Settlement Body ( "DSB") adopted its recommendations and
rulings in the dispute Indonesia – Importation of Horticultural Products, Animals and Animal
Products (DS477/DS478).

In a DSB meeting on 28 February 2018, Indonesia informed the DSB that it intended to implement
the DSB recommendations and rulings in this dispute and would need a reasonable period of time
to do so.

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Gov erning the
Settlement of Disputes, Indonesia, the United States, and New Zealand have mutually agreed that
the reasonable period of time for Indonesia to comply with the recommendations and rulings of
the DSB shall be 8 months. Accordingly, the reasonable period of time expires on 22 July 2018.

We request that you circulate this notification to the Members of the DSB.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS COMMUNICATION FROM NEW ZEALAND AND THE UNITED STATES
Document: COMMUNICATION FROM
Date: 19 June 2018
Document codes: WT/DS477/19; WT/DS478/19
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
COMMUNICATION FROM NEW ZEALAND AND THE UNITED STATES
The following communication, dated 14 June 2018 , was received from the delegation of New
Zealand and the delegation of the United States, with the request that it be circulated to the
Dispute Settlement Body (DSB).

On 22 November 2017, the Dispute Settlement Body ( "DSB") adopted its recommendations and
rulings in the dispute Indonesia – Importation of Horti cultural Products, Animals and Animal
Products (DS477/DS478).

In a DSB meeting on 28 February 2018, Indonesia informed the DSB that it intended to implement
the DSB recommendations and rulings in this dispute and would need a reasonable period of time
to do so.

Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Gove rning the
Settlement of Disputes, Indonesia, the United States, and New Zealand have mutually agreed that
the reasonable period of time for Indonesia to comply with the recommendations and rulings of
the DSB shall be 8 months. Accordingly, the reasonable period of time expires on 22 July 2018.

Nevertheless, Indonesia, the United States, and New Zealand have mutually agreed that Indonesia
will have more time to make the statutory changes to comply with the DSB recommendations and
rulings in this dispute. Therefore, with respect to the DSB 's recommendations and rulings
concerning Measure 18, reflected in paragraphs 8.1(b)(iii), 8.1(c)(vi), 8.6 and 8.7 of the Panel
Report (, ), the United States and New Zealand will not initiate further
proceedings until at least 19 months have elapsed from the date the reports in this dispute were
adopted.

Accordingly, the United States and New Zealand will not initiate further proceedings concerning
Measure 18 until at least 22 June 2019.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 15 February 2019
Document codes: WT/DS477/21/Add.1; WT/DS478/22/Add.1
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 14 February 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia is submitting this report pursuant to Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).

On 22 November 2017, the Dispute Settlement Body (DSB) adopted the recommendations and
rulings in respect of the panel and Appellate Body reports in "Indonesia – Importation of Horticultural
Products, Animals and Animal Products " (). In the DSB meeting of 28 February
2018, Indonesia informed the DSB that it intended to implement the DSB recommendations and
rulings in these disputes, but that it would need reasonable period of time to do so.

Pursuant to Article 21.3 (b) of the DSU, Indonesia, the United States and New Zealand have mutually
agreed on the reasonable period of time to implement the DSB recommendations and rulings that
expired on 22 July 2018. Nevertheless, with regard to DSB’s recommendations and rulings for
Measure 18, Indonesia, the United States and New Zealand also have mutually agreed that Indonesia
will have more time to make statutory changes to comply with the DSB recommendations and rulings
in these dispute s. Accordingly, the United States and New Zealand will not initiate further
proceedings concerning Measure 18 until at least 22 June 2019.

From the previous DSB meeting, Indonesia noted that the United States and New Zealand
underscored some measures includi ng requirements on harvest period, import realization,
warehouse capacity, application windows, validity period and fixed licensed terms. Indonesia with
the United States and New Zealand have intensively conducted bilateral consultations to discuss
implementation progress in order to pursue full compliance.

In general, Indonesia has been improving its system of importation to address concerns raised by
the United States and New Zealand. Indonesia will continue to hold such consultations with the
United States and New Zealand to provide further detailed explanation on these matters.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 16 April 2019
Document codes: WT/DS477/21/Add.3; WT/DS478/22/Add.3
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 15 April 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to Article 21.6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).

On 22 November 2017, the Dispute Settlement Body (DSB) adopted the recommendations and
rulings in respect of the panel and Appellate Body reports in "Indonesia – Importation of Horticultural
Products, Animals and Animal Products" ().

In the DSB meeting on 28 February 2018, Indonesia informed the DSB that it intended to implement
the DSB recommendations and rulings in these disputes, but that it would need reasonable period
of time to do so.

Pursuant to Article 21.3 (b) of the DSU, Indonesia, New Zealand and the United States have mutually
agreed on the reasonable period of time to implement the DSB recommendations and rulings that
expired on 22 July 2018. Nevertheless, with rega rd to the DSB 's recommendations and rulings
concerning Measure 18, Indonesia, New Zealand and the United States also have mutually agreed
that Indonesia will have more time to make statutory changes to comply with the DSB
recommendations and rulings in these dispute s. Accordingly, New Zealand and the United States
will not initiate further proceedings concerning Measure 18 until at least 22 June 2019.

Indonesia noted continued concerns by New Zealand and the United States on Indonesia's progress
in complying with the WTO decisions. Against this backdrop, Indonesia wishes to inform the DSB
that bilateral engagement has taken place between Indonesia and New Zealand and the United
States. During this engagement, Indonesia has presented in great detail concrete steps that
Indonesia has taken to adjust its regulations to be in line with the WTO decisions, i.e. to improve
the importation system towards attaining full compliance status. Indonesia will continue the
aforementioned process.

With respect to measure 18, Government of Indonesia is convening consultation with all relevant
stakeholders in view of the implementation of the WTO decisions.

Indonesia thanks New Zealand and the United States for having bilateral engagement. Indonesia
will continue this effort and engagement to resolve these disputes.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 17 May 2019
Document codes: WT/DS477/21/Add.4; WT/DS478/22/Add.4
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 1 6 May 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to Article 21.6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).
On 22 November 2017, the Dispute Settlement Body (DSB) adopted the recommendations and
rulings in respect of the panel and Appellate Body reports in "Indonesia – Importation of Horticultural
Products, Animal s and Animal Products " (). In the DSB meeting on
28 February 2018, Indonesia informed the DSB that it intended to implement the
DSB recommendations and rulings in these disputes, but that it would need reasonable period of
time to do so.
Pursuant to Article 21.3 (b) of the DSU, Indonesia, New Zealand and the United States have
mutually agreed on the reasonable period of time to implement the DSB recommendations and
rulings that e xpired on 22 July 2018. Nevertheless, with regard to the DSB’ s recommendations
and rulings concerning Measure 18, Indonesia, New Zealand and the United States
also have mutually agreed that Indonesia will have more time to make statutory changes
to comply with the DSB recommendations and rulings in these dispute s. Accordingly,
New Zealand and the United States will not initiate further proceedings concerning Measure 18 until
at least 22 June 2019.
In order to comply with the recommendations and rulings of t he DSB, Indonesia is continuing its
efforts to improve the importation system as well as to adjust the relevant regulations and the laws.
These efforts include intensive discussions and meetings with relevant stakeholders aimed to gather
inputs that contribute to meet the full compliance in these disputes.
Indonesia thanks New Zealand and the United States for having bilateral engagement. Indonesia
will continue this effort and engagement to resolve these disputes.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 14 June 2019
Document codes: WT/DS477/21/Add.5; WT/DS478/22/Add.5
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 1 3 June 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to Article 21.6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).
On 22 November 2017, the Dispute Settlement Body (DSB) adopted the recommendations and
rulings in respect of the panel and Appellate Body reports in "Indonesia – Importation of Horticultural
Products, Animals and Animal Products " (). In the DSB meeting on 28 February
2018, Indonesia informed the DSB that it intended to implement the DSB recommendations and
rulings in these disputes, but that it would need reasonable period of time to do so.
Pursuant to Article 21.3 (b) of the DSU, Indonesia, New Zealand and the United States have mutually
agreed on the reasonable period of time to implement the DSB recommendations and rulings that
expired on 22 July 2018. Nevertheless, with regard to the DSB’s recommendations and rulings
concerning Measure 18, Indonesia, New Zealand and the United States also have mutually agreed
that Indonesia will have more time to make statutory changes to comply with the DSB
recommendations and rulings in these dispute s. Accordingly, New Zealand and the United States
will not initiate further proceedings concerning Measure 18 until at least 22 June 2019.
Indonesia is committed to improve its importation system through adjusting the relevant regulations
in order to attain full compliance with the recommendations and rulings of the DSB in these disputes.
As of this moment, Indonesia would like to inform the DSB that further adjustment which aims to
address measures 1-17, is under intensive discussion and almost concluded.
With regard to measure 18, the government has prepared the documents required for the statutory
changes including the draft amendments and their respective academic drafts. Th ese documents
have been intensively discussed and consulted with all related ministries and agencies.
Indonesia thanks New Zealand and the United States for having bilateral engagement. Indonesia
will continue this effort and engagement to resolve these disputes.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 5 August 2019
Document codes: WT/DS477/21/Add.7; WT/DS478/22/Add.7
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, received on 1 August 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to Article 21.6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).
As reported in the last DSB meeting, Indonesia has made further amendment to the existing
regulations by issuing the Minister of Trade Regulation No. 29/2019 concerning Provisions for Import
and Export of Animals and Animal Products and Minister of Trade Regulation No. 44/2019 concerning
the Import Provision on Horticultural Products. In the meantime, the draft of Minister of Agriculture
regulations are still under enactment process.
With regard to measure 18, the drafts of amendment along with its academic drafts will be discussed
in the meeting at ministerial level.
Indonesia will continue to engage with New Zealand and the United States regarding matters related
to the recommendations and rulings of the DSB.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 20 September 2019
Document codes: WT/DS477/21/Add.8; WT/DS478/22/Add.8
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 19 September 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to the Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU).

In this meeting, Indonesia would like to inform the DSB that it has completed the enactment process
of the new Minister of Agriculture Regulations which relevant to these disputes, namely the MoA
Regulation No. 39/2019 concerning Recommendations for Importation of Horticultural Products and
the MoA Regulation No. 42/2019 concerning the Importation of Carcass, Meat, Edible Offal and/or
Its Processed Products for Consumption into the Territory of the Republic of Indonesia.

Regarding measure 18, ministerial level meeting to discuss the drafts of amendment of the relevant
laws along with its academic drafts has been done. The drafts will be brought to, and discussed with,
the President for further process.

Indonesia will continue to engage with New Zealand and the United States regarding matters related
to the recommendations and rulings of the DSB.
INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS, ANIMALS AND ANIMAL PRODUCTS STATUS REPORT REGARDING IMPLEMENTATION OF THE DSB RECOMMENDATIONS AND RULINGS BY INDONESIA
Document: BY INDONESIA Addendum
Date: 18 October 2019
Document codes: WT/DS477/21/Add.9; WT/DS478/22/Add.9
Complainant: New Zealand
Respondent: Indonesia
Third parties: Australia, Brazil, Canada, China, EU, India, Japan, Norway, Paraguay, Singapore, Taiwan, Argentina, South Korea, Thailand
Dispute stage: Appellate Body
Agreements cited: Art. XI:1  GATT 1994Art. 4.2  AgricultureArt. 3.2, 2.2(a)  Import LicensingArt. III:4  GATT 1994

INDONESIA – IMPORTATION OF HORTICULTURAL PRODUCTS,
ANIMALS AND ANIMAL PRODUCTS
STATUS REPORT REGARDING IMPLEMENTATION OF THE
DSB RECOMMENDATIONS AND RULINGS
BY INDONESIA
Addendum
The following communication, dated 17 October 2019, from the delegation of Indonesia to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Indonesia submits this report pursuant to Article 21.6 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU).
Indonesia would like to refer its status report at the previous DSB meeting s that it has completed
the enactment process of the new Minister of Agriculture and Minister of Trade regulations regarding
importation of horticultural products, animals and animal products which relevant to these disputes.
The drafts of amendment of the relevant laws along with its academic drafts , relating to measure
18, will be discussed by the President. However, Indonesia is currently in the process of transitioning
the new parliament as well as the new government administration.
Indonesia will continue to engage with New Zealand and the United States regarding matters related
to the recommendations and rulings of the DSB.