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WT/DS246 - European Communities - Conditions for the granting of tariff preferences to developing countries

WTO dispute settlement case - Complaint against the EU

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Dispute settlement
Dispute settlement
WTO - Complaint against the EU

Summary of the case

  • Complaint by: India
  • Complaint against: EU
  • Third parties: Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mauritius, Nicaragua, Pakistan, Panama, Paraguay, Peru, Sri Lanka, United States, Venezuela

India considers that the drugs and special labour and environment incentives part of the EC GSP are incompatible with GATT Art. I and the Enabling Clause.

Relevant WTO provision: GATT (I); Enabling Clause


Consultations took place on 25 March 2002. Panel requested on 6 Dec. 2002. Establishment of panel approved by the DSB on 27 Jan. 2003. Through a letter dated 3 March 2003 India informed the EC of its decision to withdraw its claims related to the EC GSP's special incentive arrangements for labour and the environment and limit its complaint to the GSP concessions as applied by the EC to drug arrangements. Panel composed on 6 March 2003. First substantive meeting held on 14-16 May 2003. Second substantive meeting held on 8 and 9 July 2003. Final report issued to the parties on 28 Oct. 2003 and circulated to all WTO members on 1 Dec. 2003. The EC appealed on 8 Jan. 2004. The AB hearing was held 19 and 20 Feb. 2004. The AB report was circulated to WTO members on 7 Apr. 2004. Panel and AB report were adopted on 20 Apr. 2004. Parties are holding bilateral consultations on the implementation deadline pursuant to Art. 21.3(b). On 16 July India requested arbitration under Art. 21.3(c) of the DSU.

  • Consultations requested: 05 March 2002
  • Panel requested: 06 December 2002
  • Panel established: 27 January 2003
  • Panel report circulated: 01 December 2003
  • Appeal requested: 08 January 2004
  • Appeal report circulated: 07 April 2004
  • Panel/Appellate Body report adopted: 20 April 2004


EU submissions and other related documents

Full case details and WTO documents on the WTO website

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