India loses WTO dispute over sugar subsidies; set to file an appeal

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What is the news?

India has lost the dispute over subsidies of sugar exports at the World Trade Organization (WTO).

The dispute settlement panel has ruled against India on a complaint filed by Brazil, Australia, and Guatemala.

What is the issue?

In 2019, Brazil, Australia and Guatemala had filed parallel complaints at the WTO alleging that India has exceeded its WTO commitments on domestic support and export subsidies to sugar.

Under WTO Agreement on Agriculture, India can provide product and non-product specific domestic support to its sugarcane growers up to 10% of the total value of production (the de minimis obligation).

The countries have also argued that India has exceeded its de minimis obligations on numerous occasions over the past number of years. One program alone, the Fair & Remunerative Price (FRP) provides up to 93% support. 

Moreover, India also provides prohibited export subsidies by incentivizing sugar exports through financial support to the sector.

What did the WTO Dispute Panel rule?

The WTO Dispute Panel ruled in favour of Brazil, Australia and Guatemala. It has asked India to withdraw its prohibited subsidies within 120 days from the adoption of its report.

How has India responded?

India has said that the support was largely given to small and marginal farmers and was in accordance with its commitments at the WTO.

Will this ruling impact India?

There would be no immediate impact of WTO Panel’s findings on Sugar on any of India’s existing and ongoing policy measures in the sugar sector.

This is because India is set to file an appeal against the WTO Dispute panel decision at the WTO Appellate Body, and lack of a functional appellate body at the WTO means a final decision on the matter is unlikely anytime soon.

Source: This post is based on the following articles 

“India loses WTO dispute over sugar subsidies; set to file an appeal” published in Business Standard on 15th Dec 2021.

“No impact of WTO Panel’s findings on Sugar on any of India’s existing and ongoing policy measures in the sugar sectorpublished in PIB on 14th Dec 2021.

“India to challenge ‘erroneous’ WTO ruling on sugar subsidy” published in Livemint on 14th Dec 2021.

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