Australia - Measures Affecting the Importation of Apples from New Zealand (WT/DS367/AB/R), Appellate Body Report issued on 29 November 2010, adopted on 17 December 2010

In November 2006, Biosecurity Australia issued its Final Import Risk Analysis Report for Apples from New Zealand (the ‘IRA’). When the ‘unrestricted risk’ associated with a specific pest [i.e. the risk associated with the importation of apples from New Zealand in the absence of any risk management measures] was determined to exceed Australia's appropriate level of protection (‘ALOP’), then possible risk management measures that could be adopted to mitigate the risk were evaluated, and recommendations made accordingly. Australia's appropriate level of protection is ‘providing a high level of sanitary or phytosanitary protection aimed at reducing risk to a very low level, but not to zero’. The IRA recommended a number of risk management measures to the Director of Animal and Plant Quarantine. The Director subsequently determined that the importation of apples from New Zealand can be permitted subject to, inter alia, the application of the phytosanitary measures specified in the IRA. New Zealand attacked the SPS Australian measures concerning apples. The WTO Appellate Body conclu