SICE Dispute Settlement WTO Report WT/DS76/AB/R /A

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World Trade
Organization

WT/DS76/AB/R
22 February 1999
(99-0668)
Original: English

Japan - Measures Affecting Agricultural Products

Report of the Appellate Body

I. Introduction
II. Arguments of the Participants

A. Claims of Error by Japan - Appellant 1. Article 2.2 of the SPS Agreement
2. Article 5.7 of the SPS Agreemen
3. Article 7 and Paragraph 1 of Annex B, of the SPS Agreement
4. Burden of Proof
5. Article 11 of the DSU
B. Arguments of the United States - Appellee 1. Article 2.2 of the SPS Agreement
2. Article 5.7 of the SPS Agreemen
3. Article 7 and Paragraph 1 of Annex B, of the SPS Agreement
4. Burden of Proof
5. Article 11 of the DSU
C. Claims of Error by the United States - Appellant 1. Article 5.7 of the SPS Agreement
2. Article 5.6 of the SPS Agreemen
3. Findings on Apricots, Pears, Plums and Quince
4. Article 5.1 of the SPS Agreement
5. Article 8 and Paragraph 1(c) of Annex C, of the SPS Agreement
D. Arguments of Japan - Appellee 1. Article 5.7 of the SPS Agreement
2. Article 5.6 of the SPS Agreemen
3. Findings on Apricots, Pears, Plums and Quince
4. Article 5.1 of the SPS Agreement
5. Article 8 and Paragraph 1(c) of Annex C, of the SPS Agreement
III. Arguments of the Third Participants A. Brazil
B. European Communities
IV. Issues Raised in this Appeal
V. The SPS Agreement A. Article 2.2
B. Article 5.7
C. Article 5.6
D. Article 7 and Paragraph 1 of Annex B
E. Article 5.1
F. Article 8 and Paragraph 1(c) of Annex C
VI. General Issues A. Burden of Proof
B. Findings on Apricots, Pears, Plums and Quince
C. Article 11 of the DSU
VII. Findings and Conclusions

World Trade Organization
Appellate Body

Japan - Measures Affecting
Agricultural Products
Japan, Appellant/Appellee
United States, Appellant/Appellee
Brazil and the European Communities,
Third Participants
AB-1998-8
Present:
Beeby, Presiding Member
Lacarte-Mur�, Member
Matsushita, Member

To continue with Introduction