   
  
WT/DS579/7  
 
12 July 2019  
(19-4702) Page: 1/17 
  Original: English  
 
INDIA – MEASURES CON CERNING SUGAR AND SU GARCANE  
 
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY BRAZIL  
The following communication, dated  11 July 2019 , from the delegation of Brazil  to the Chairperson 
of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
1.  On 27  February 2019, the Government of Brazil ("Brazil") requested consultations with the 
Government of India ("India") pursuant to Articles 1 and 4 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes  ("DSU"), Article 19 of the Agreement on 
Agriculture , and Article XXII:1 of the General Agreement on Tariffs and Trade 1994  ("GATT 1994")  
with respect to all domestic support India provides in favour of agricultural producers of sugarcane 
and sugar, as well as all export subsidies India  provides for sugar and sugarcane.  Consultations 
were held on 15 April 2019. Unfortunately, those consultations did not resolve the dispute.   
2. Accordingly, Brazil respectfully requests that the Dispute Settlement Body ( "DSB") establish 
a panel pursuant to  Article 6 of the DSU, Article XXIII:2 of the GATT 1994 and Article 19 of the 
Agreement on Agriculture .  Brazil further requests that this panel have standard terms of reference 
as set out in Article 7.1 of the DSU.  
I. Background  
3. In recent years, India has  massively increased the level of domestic support under its support 
regime for sugarcane and sugar.  For example, India has almost doubled the Fair and Remunerative 
Price for sugarcane from INR 1391.2 per tonne in 2010/11 to INR 2750 per tonne in 2018/19.  That 
Fair and Remunerative Price is the minimum price that, under Indian Federal law, Indian sugar mills 
must pay Indian sugarcane producers. It constitutes one of India 's most important support measures 
for sugarcane producers.  In addition, some of Indi a's States provide for higher minimum prices for 
sugarcane that local sugar mills must pay local sugarcane producers.  Moreover, India has recently 
reintroduced a minimum price for sugar, pursuant to which sugar producers shall not sell white sugar 
or refi ned sugar in the domestic market at a price below the price fixed by the government.  
4. Minimum prices for sugarcane and sugar, along with further support measures, incentivise 
Indian sugarcane farmers to grow large amounts of sugarcane.  Specifically, India 's domestic support 
regime for sugarcane and sugar has led to increased domestic production of sugarcane and sugar in 
India.  With production exceeding domestic sugar demand, and resulting increases in sugar stocks, 
the Government of India further, and regu larly, intervenes in the market. For the 2018/19 season 
alone, the Government of India has approved dozens of assistance programs, worth over INR 55 
billion, to support the sugar industry.1 
5. Moreover, sugar mills in India are assigned a mill -specific Minimu m Indicative Export Quota 
("MIEQ ").2  Under the MIEQ, sugar mills must export an allocated amount of sugar by the end of 
                                                
1 Press Information Bureau of the Government of India, Cabinet Committee on Economic Affairs, 
"Cabinet approves comprehensive policy to deal with excess sugar production in the country ", 26 September 
2018, available at  http://pib.nic.in/newsite/PrintRelease.aspx?relid=183700  (last visited 10 July  2019).  
2 See, e.g., Ministry of Consumer Affairs, Food and Public Distribution Notification No.1(4)/2018 -SP-I of 
28 September 2018; Ministry of Consumer Affairs, Food and Public Distribution Notification No.1(4)/2018 -SP-I 
of 9 May 2018, and the related measures identified i n Section III, below.  WT/DS579/7  
 
- 2 - 
 
  each season.  The total amount that the mills are mandated to export has increased from 2 million 
tons in 2017/18 to 5 million tons in 2018/19, leading to substantial pricing pressures on world market 
prices. Certain of India 's support measures are dependent on compliance with the MIEQ, or otherwise 
dependent on export performance.  
6. The specific measures that are the subject of this reques t for the establishment of a Panel are 
domestic support measures for sugarcane and sugar, as well as export subsidies for sugar and 
sugarcane, as specifically identified in Sections II and III, respectively.  
II. Domestic Support Measures for Sugarcane and Sugar  
7. The domestic support measures and programs for sugarcane and sugar include, but are not 
limited to, the following:  
8. Federal -level domestic support for sugarcane  in the form of a mandatory minimum "Fair and 
Remunerative Price " that Indian sugar mills are required to pay sugarcane producers for any 
production delivered to the mill.  This domestic support is provided under, including but not limited 
to, the following legal instruments:  
a. Sections 3 and 7 of the Essential Commoditi es Act, 1955, as amended;  
b. Sections 3, 3A, 4, 4A, and 5 of the Sugarcane (Control) Order, 1966, as amended;  
c. Annual communications fixing the Fair and Remunerative Price for sugarcane, including 
but not limited to the following:  
o Communication No. 3(3)/2013 -SP.II by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 14 February 
2014 that announces the Fair and Remunerative Price for sugarcane to be paid 
by sugar mills for the 2014/15 season;  
o Communication   No. 3(1)/2014 -SP.II by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 2 February 
2015 that announces the Fair and Remunerative Price for sugarcane to be paid 
by sugar mills for the 2015/16 season ; 
o Communication No. 3(7)/2015 -SP.I by the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 12 April 2016 
that announces the Fair and Remunerative Price for sugarcane to be paid by 
sugar mills for the 201 6/17 season;  
o Communication No. 3(3)/2016 -SP-II by the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 1 June 2017 
that announces the Fair and Remunerative Price for sugarcane to be paid by 
sugar mills for the 2017/18 season;  
o Communication by the Ministry of Consumer Affairs, Food & Public Distribution, 
Department of Food & Public Distribution that announces the Fair and 
Remunerative Price for sugarcane to be paid by sugar mills for the 2018/19 
season;3 and, 
o All other Federal government Communications, and other instruments, including 
successor instruments, and any amendments thereto, that provide for a Fair and 
Remunerative Price for sugarcane for the 2014/15, 2015/16, 2016/17, 2017/18, 
2018/19 seasons and subsequent seasons.  
                                                
3 See Press Release, Press Information Bureau, Ministry of Consumer Affairs, Food & Public Distribution 
entitled "Cabinet approves determination of Fair and Remunerative Price payable by Sugar Mills for 2018 -19 
sugar season ", dated 18  July 2018, available at  http://www.pib.nic.in/PressReleseDetail.aspx?PRID=1539077  
(last visited 10 July  2019).  WT/DS579/7  
 
- 3 - 
 
  d. All Notifications fixing the "Fair and Remunerative Price " to be paid for sugarcane on a 
mill-specific basis, including but not limited to the following:  
o Notification G.S.R. 752(E) of the Ministry of Consumer Affairs, Food & Public  
Distribution, Department of Food & Public Distribution of 1 October 2015, fixing 
the fair and remunerative price for the 2014/15 season;  
o Notification G.S.R. 195(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Publi c Distribution of 28 February 2018, 
fixing the fair and remunerative price for the 2014/15 season;  
o Notification G.S.R. 932(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 30 September 2016, 
fixing the fair and remunerative price for the 2015/16 season;  
o Notification G.S.R. 142(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 17 February 2017, 
fixing the fair and remunerative price fo r the 2015/16 season;  
o Notification G.S.R. 1204(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 27 September 2017, 
fixing the fair and remunerative price for the 2015/16 season;  
o Notification G. S.R. 1205(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 27 September 2017, 
fixing the fair and remunerative price for the 2016/17 season; and,  
o All other Notifications and other instruments, including successor instruments, 
and any amendments thereto, that fix a mill -specific Fair and Remunerative Price 
to be paid for sugarcane for the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 
seasons and subsequent seasons.  
9. State -level domestic support for sugarcane  in the form of a mandatory minimum "State 
Advised Price " that sugar mills located in the respective Indian State are required to pay sugarcane 
producers in that State for any production delivered to the mill.  For each of the identified States, 
this domestic support is provided under, including but not limited to, the following legal instruments:  
a. Andhra Pradesh:  
o Any and all State -level legal instruments in the State of Andhra Pradesh that 
provide for a mandatory minimum price for sugarcane that is  higher than the 
"Fair and Remunerative Price " during the 2014/15, 2015/16, 2016/17, 2017/18, 
2018/19 seasons and subsequent seasons;  
b. Bihar:  
o The Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981, as 
amended;  
o The State Advised Price in Bihar for  the 2014/15 season;4 
o The State Advised Price in Bihar for the 2015/16 season;5 
                                                
4 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57 , available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
5 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57 ,  available  at WT/DS579/7  
 
- 4 - 
 
  o Notification dated 24.11.2016 issued by Cane Development & Sugar Industry, 
Government of Bihar that announces the State Advised Price for sugarcane to 
be paid by sugar mills in Bihar for the 2016/17 season;  
o The State Advised Price in Bihar for the 2017/18  season;6 
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Price " in the State of Bihar during 
the 2 014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and subsequent 
seasons;  
c. Gujarat:  
o Any and all State -level legal instruments in the State of Gujarat that provide for 
a mandatory minimum price for sugarcane that is higher than the "Fair and 
Remunerative P rice" during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 
seasons and subsequent seasons;  
d. Haryana:  
o The Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953, as 
amended, as it applies to the State of Haryana;  
o The Haryana Sugarcane (Regulation o f Supply and Purchase) Rules, 1992, as 
amended;  
o The State Advised Price in Haryana for the 2014/15 season;7 
o The State Advised Price in Haryana for the 2015/16 season;8 
o The State Advised Price in Haryana for the 2016/17 season;9 
o The State Advised Price in H aryana for the 2017/18 season;10 
o The State Advised Price in Haryana for the 2018/19 season;11 
                                                
http://cacp.dacnet.nic.i n/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
6 See "Mills to buy sugar cane at higher prices this season ", Times of India, 14 November 2018, 
available at  https://timesofindia.indiatimes.com/city/patna/mills -to-buy-sugar -cane-at-higher -prices -this-
season/articleshow/61632790.cms  (last visited 10 July 2019) . 
7 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
8 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agri cultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
9 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available at 
http://cacp.dacnet.nic.in/ ViewQuestion are.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) .  
10 See "Sugar mills start crushing sugarcane ", Haryanaabtak 3 November 2017, available at  
http://haryanaabtak.com/featured/palwal -haryana -03-november -report/  (last visited 10 July 2019).  
11 See "Haryana Government raises the price by ten rupees per quintal on all varieties of sugarcane ", 
Patrika, 28 December 2018, available at  https://www.patrika.com/bhiwani -news/raised -the-price-per-quintal -
on-all-varieties -of-sugarcane -in-haryana -3896824/  (last visited 10 July 2019). WT/DS579/7  
 
- 5 - 
 
  o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that i s higher than the "Fair and Remunerative Price " in the State of Haryana 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;  
e. Karnataka:  
o The Karnataka Sugarcane (Regulation of Purchase and Supply) Act, 2013, as 
amended;  
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Price " in the State of Karnataka 
during the 2014/15, 2 015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;  
f. Madhya Pradesh:  
o Any and all State -level legal instruments in the State of Madhya Pradesh that 
provide for a mandatory minimum price for sugarcane that is higher than the 
"Fair and Remunerat ive Price " during the 2014/15, 2015/16, 2016/17, 2017/18, 
2018/19 seasons and subsequent seasons;  
g. Maharashtra:  
o The Essential Commodities (Maharashtra Amendment) Act, 1975, as amended;  
o The Maharashtra Regulation of Sugarcane Price (Supplied to Factories) Ac t, 
2013, as amended;  
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Price " in the State of Maharas htra 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;12 
h. Punjab:  
o The Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953, as 
amended;  
o The Punjab Sugarcane (Regulation of Purchase and Supply) Rules, 1958, as 
amended;  
o The State Advised Price in Punjab for the 2014/15 season;13 
o The State Advised Price in Punjab for the 2015/16 season;14 
                                                
12 Brazil notes that the Maharashtra Sugarcane Price Control Board is mandated to "decide Sugarcane 
price payable to the farmers, which shall be in addition to the Fair and Remunerative Price ".  See 
http://mahasugar.co.in/index.html  (last visited 10 July 2019).  
13 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
14 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available  at WT/DS579/7  
 
- 6 - 
 
  o The State Advised Price in Punjab for the 2016/17 season;15 
o The State Advised Price in Punjab for the 2017/18 season;16 
o The State Advised Price in Punjab for the 2018/19 season;17 
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Pr ice" in the State of Punjab 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;  
i. Tamil Nadu:  
o The Tamil Nadu Sugarcane (Regulation of Purchase Price) Act, 2018;  
o Order G.O.(Ms).No.15 of the Agriculture (S1) Department of th e Government of 
Tamil Nadu of 14 January 2015 that announces the State Advised Price for 
sugarcane to be paid by sugar mills in Tamil Nadu for the 2014/15 season;  
o Order G.O.(Ms).No.20 of the Agriculture (S1) Department of the Government of 
Tamil Nadu of 1 1 January 2016 that announces the State Advised Price for 
sugarcane to be paid by sugar mills in Tamil Nadu for the 2015/16 season;  
o Order G.O.(Ms).No.5 of the Agriculture (S1) Department of the Government of 
Tamil Nadu of 5 January 2017 that announces the  State Advised Price for 
sugarcane to be paid by sugar mills in Tamil Nadu for the 2016/17 season;  
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcan e 
that is higher than the "Fair and Remunerative Price " in the State of Tamil Nadu 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;  
j. Telangana:  
o Any and all State -level legal instruments in the State of Telangana that pr ovide 
for a mandatory minimum price for sugarcane that is higher than the "Fair and 
Remunerative Price " during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 
seasons and subsequent seasons;  
k. Uttarakhand:  
o The State Advised Price in Uttarakhand for the 2014/ 15 season;18 
                                                
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
15 "Price Policy for Sugarcane (2018 -19 Sugar Se ason) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 57, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
16 See "Punjab cabinet hikes sugarcane price by Rs 10 per quintal ", Hindustantimes, 27 November 2017, 
available at  https://www.hindustantimes.com/punjab/punjab -cabinet -hikes-sugarcane -price-by-rs-10-
quintal/story -szw0mT3IQMc90cZSvPzTcM.html  (last visited 10 July  2019).  
17 See "Punjab govt to pay Rs 25 per quintal directly to cane farmers ", The Tribune, 6 December 2018, 
available at  https://www.tribuneindia.com/news/punjab/punjab -govt-to-pay-rs-25-per-quintal -directly -to-
cane-farmers/693812.html  (last visite d 10 July 2019).  
18 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available at WT/DS579/7  
 
- 7 - 
 
  o The State Advised Price in Uttarakhand for the 2015/16 season;19 
o The State Advised Price in Uttarakhand for the 2016/17 season;20 
o The State Advised Price in Uttarakhand for the 2017/18 season;21 
o The State Advised Price in Uttarakhand for the 2018/ 19 season;22 
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Price " in the State of Uttarakhand 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons;  
l. Uttar Pradesh:  
o The Uttar Pradesh Sugarcane (Regulation of Supply & Purchase) Act, 1953, as 
amended;  
o The State Advised Price in Uttar Pradesh for the 2014/15 season;23 
o The Sta te Advised Price in Uttar Pradesh for the 2015/16 season;24 
o The State Advised Price in Uttar Pradesh for the 2016/17 season;25 
o Notification No. 2489/46 -3-17-3(48)/98 -99 issued by the Sugar Industry 
Section -3, Government of Uttar Pradesh, dated 26 October 201 7, that 
establishes a State Advised Price for the 2017/18 season;  
                                                
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
19 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
20 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural C osts and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019) . 
21 See "Good news for farmers, sugarcane can be sold at Rs 327 per quintal in 2018 -19", Amarujala, 
21 December 2018, available at  https://www.amarujala.com/dehradun/sugarcane -purchase -price-increased -
in-uttarakhand -for-farmers  (last visited 10 July 2019).  
22 See "Good news fo r farmers, sugarcane can be sold at Rs 327 per quintal in 2018 -19", Amarujala, 
21 December 2018, available at  https://www.amarujala.com/dehradu n/sugarcane -purchase -price-increased -
in-uttarakhand -for-farmers  (last visited 10 July 2019).  
23 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Mi nistry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41& KeyId=622  (last visited 
10 July 2019).  
24 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available  at 
http://cacp.dacnet.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019).  
25 "Price Policy for Sugarcane (2018 -19 Sugar Season) ", Commission for Agricultural Costs and Prices, 
Depart ment of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, 
Government of India, p. 58, available  at 
http://cacp.dacne t.nic.in/ViewQuestionare.aspx?Input=2&DocId=1&PageId=41&KeyId=622  (last visited 
10 July 2019).  WT/DS579/7  
 
- 8 - 
 
  o Notification of the Government of Uttar Pradesh of 1 December 2018, notifying 
the State Advised Price for the 2018/19 season;  
o All other State -level legal instruments, including successor instruments, and any 
amendments thereto that provide for a mandatory minimum price for sugarcane 
that is higher than the "Fair and Remunerative Price " in the State of Uttar 
Pradesh during the 201 4/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons; and,  
m. All other State -level acts, orders, or other legal instruments that regulate the purchase 
price for sugarcane, including mandatory minimum "State Advised Prices " that sugar 
mills located in the respective Indian State are required to pay sugarcane producers, in 
any of the above -mentioned States during the 2014/15, 2015/16, 2016/17, 2017/18, 
2018/19 seasons and subsequent seasons.  
10. Federal -level domestic support for  sugarcane and sugar  further includes the mandatory 
minimum price for sugar that Indian sugar mills are required to charge for sugar sold into the 
domestic Indian market under, including but not limited to, the following legal instruments:  
a. Section 3 of th e Essential Commodities Act, 1955, as amended;  
b. Section 3 of the Sugar Price (Control) Order, 2018, as amended;  
c. All notifications that fix a minimum price for domestic sugar sales, including, but not 
limited to:  
o Order S.O.2346(E) of 7 June 2018 of the Minis try of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution, fixing a minimum 
sales price for sugar;  
o Order S.O.874(E) of 14 February 2019 of the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution, fixing a minimum 
sales price for sugar;  
d. All other instruments, successor instruments, and any amendments thereto that provide 
for a minimum price for sugar for the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 
seasons and subsequent se asons.  
11. Federal -level and State -level domestic support for sugarcane and sugar  in the form of various 
measures by the Federal and State governments in India to support the production of sugarcane 
and sugar under, including but not limited to, the following  legal instruments:  
a. Federal -level subsidies paid for the production of sugarcane or sugar including, but not 
limited to:  
o Production Subsidy Scheme for the sugar season 2014/15 providing cash grants 
to pay farmers paid directly to farmers on behalf of mill s. 
o Notification No. 20(43)/2015 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 2 December 
2015, providing for a "Scheme for Extending Production Subsidy " for the 
2015/16 season;  
o A product ion subsidy for sugarcane for the 2016/17 season;26  
                                                
26 Reflected in Ministry of Consumer Affairs, Food & Public Distribution, Budget allocation to 31 March 
2016, "Production Subsidy to Sugar Mills to offset cost of  cane and facilitate timely payment of cane price dues 
of farmers. (Subsidy) (New Scheme) Financial Year 2016 -17: Budget Estimates [INR] 950.01 [in crores] "; 
Ministry of Consumer Affairs, Food & Public Distribution, Notes on Demands  for Grants 2016 -17, Dem and 
No. 17, Budget 2016 -17, "Production Subsidy to Sugar Mills to offset cost of cane and facilitate timely payment WT/DS579/7  
 
- 9 - 
 
  o Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 9 May 2018, 
providing for a "Scheme for Assistance to Sugar M ills" for the 2017/18 season, 
as amended;  
o Notification No. 1(14)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 5 October 2018, 
providing for a "Scheme for Assistance to Sugar Mills " for the 2018/19 season;  
o Notification No. G.S.R. 128(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 28 February 2014, 
Sugar Development Fund (Amendment) Rules, 2014, inserting Section 20 B. i nto 
the Sugar Development Fund Rules, 1983;  
o Notification G.S.R. 326(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 7 May 2014, declaring 
the incentive towards marketing and promotion services  for raw sugar 
production for the period from 1 April 2014 to 31 May 2014;  
o Notification G.S.R. 572(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 8 August 2014, 
declaring the incentive toward s marketing and promotion services for raw sugar 
production for the period from 1 August 2014 to 30 December 2014;  
o Notification G.S.R. 127(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 27 Fe bruary 2015, 
Sugar Development Fund (Amendment) Rules, 2015;  
o Notification No. 1(14)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 5 October 2018, 
providing for a scheme for defrayin g expenditure towards internal transport;  
b. Federal -level subsidized loans for the production of sugarcane or sugar including, but 
not limited to:  
o Notification No. 1(5)/2015 -S.P.-I. of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 23 June 2015, 
providing for a "Scheme for Extending Soft Loan " for the payment of cane 
arrears for the 2014/15 s eason, as amended;  
o Notification No. 20 -90/2013 -SP.-II of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 3 January 2014, 
providing for a "Scheme for Extending Financial Assistance to Sugar 
Undertaki ngs, 2014 "; 
o Notification No. 1(4)/2019 -S.P.-I. of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 2 March 2019, 
providing for a "scheme for extending soft loan to sugar mills " for the payment 
of can e price arrears for the sugar season 2018/19, as amended;27 
                                                
of cane price dues of farmers, Plan: 950.01 [in crores of Rupees] ", under Major Head 2408; and Outcome 
Budget 2016 -17, Department of Food & Public Distribution, 6.10 "Production Subsidy to Sugar Mills to offset 
cost of cane and facilitate timely payment of cane price dues of farmers, [INR] 950.01 [crore], "The production 
subsidy @ [INR] 4.5 per quintal of cane crushed will be provided for estimated 255 million MT of cane. This will 
help sugar mills to reduce the financial burden and help farmers to clear the cane dues in time ", pp. 21, 110.  
27 This measure was amended by Notification 1(4)/2019 -S.P.-I. of the Ministry of Consumer Affairs, 
Food & Public Distribution, Department of Food & Public Distribution of 13 March 2019, and Notification 
1(4)/2019 -S.P.-I. of the Ministry of Consumer Affairs, Food & Public Distribution, Department of Food & Public 
Distribution of 3 June 2019.  WT/DS579/7  
 
- 10 - 
 
  o Any loans granted at subsidised interest rates under Sections 4 and 5 of the 
Sugar Development Fund Act, 1982, as amended, and the Sugar Development 
Fund Rules, 1983, as amended;  
c. Federal -level supp ort for the maintenance of stocks for sugar including, but not limited 
to:  
o Sugar (Control) Order 1966, clause 5, directing quantities that may be held by 
dealers of sugar;  
o Order G.S.R. 471(E) of Ministry of Consumer Affairs, Food & Public Distribution 
of 29 April 2016;  
o Order G.S.R.871(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 8 September 2016, 
specifying quantities of sugar to be held by sugar mills;  
o Order S.O.3348(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 28 October 2016, 
specifying quantities of sugar to be held by sugar mills;  
o Order G.S.R.1069(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Depart ment of Food & Public Distribution of 28 August 2017, 
specifying quantities of sugar to be held by sugar mills;  
o Order G.S.R. 149(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 8 February 2018 , 
specifying minimum quantities of sugar to be held by sugar mills;  
o Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 15 June 2018, 
providing for a "Scheme for Creation and Maintenance of Buffer Stock ", as 
amended by, including but not limited to:   
▪ Ministry of Consumer Affairs, Food & Public Distribution, Department of 
Food & Public Distribution Order of 29 June 2018, allocating  30 Lakh MT 
for the creation and maintenance of buffer stock;  
▪ Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food 
& Public Distribution, Department of Food & Public Distribution of 31 
December 2018, providing for a change to the "Scheme for Creation and 
Maintenance o f Buffer Stock " 
o Order S.O.2347(E) of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 7 June 2018 enabling 
the central government to specify quantities of sugar to be held in stock by sugar 
mills;  
▪ Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 7 June 2018, directing sugar mills to hold 
sugar stock pursuant to the designated amount;  
▪ Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer A ffairs, 
Food & Public Distribution of 29 June 2018, directing sugar mills to hold 
sugar stock pursuant to the designated amount ; 
▪ Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 30 July 2018, directing sugar mills to hold 
sugar stock pursuant to the designated amount;  WT/DS579/7  
 
- 11 - 
 
  ▪ Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 31 August 
2018, directing sugar mills to hold sugar stock pursuant to the 
designated amount;  
▪ Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 28 September 2018, directing sugar mills 
to hold sugar stock pursuant to the designated amount;  
▪ Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 31 October 2018, directing sugar mills to 
hold sugar stock pursuant to the designated amount;  
▪ Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribu tion, Department of Food & Public Distribution of 30 November 
2018, directing sugar mills to hold sugar stock pursuant to the 
designated amount;  
▪ Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 28 December 
2018, directing sugar mills to hold sugar stock pursuant to the 
designated amount;  
▪ Order F. No. 5 -1/2019 -Sugar C ontrol of the Ministry of Consumer Affairs, 
Food & Public Distribution of 31 January 2019, directing sugar mills to 
hold sugar stock pursuant to the designated amount;  
▪ Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public D istribution of 28 February 2019, directing sugar mills to 
hold sugar stock pursuant to the designated amount; and  
▪ Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 25 March 2019, directing sugar mills to  hold 
sugar stock pursuant to the designated amount;  
▪ Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 30 April 2019, directing sugar mills to hold 
sugar stock pursuant to the designated amount;  
▪ Order F.  No. 5-1/2019 -Sugar Control of the Ministry of Consumer Affairs, 
Food & Public Distribution of 31 May 2019, directing sugar mills to hold 
sugar stock pursuant to the designated amount;  
d. State -level domestic support in the form of assistance subsidies, subsi dised loans, and 
other subsidies for the production of sugarcane and sugar including, but not limited to:  
o Letter dated 4 April 2019 from the Special Secretary of the Government of Uttar 
Pradesh to Sugar Commissioner of Uttar Pradesh, Lucknow, relating to t he 
release of 250 million Indian rupees for the payment of outstanding sugarcane 
value of certain sugar mills;   
o Assistance to cooperative sugar factories towards reimbursement of purchase 
tax incentives granted by the State of Andhra Pradesh;28 
                                                
28 The State of Andhra Pradesh 's Budget Estimates for Industries and Commerce Department 2015 -16, 
2016-17, 2017 -18. WT/DS579/7  
 
- 12 - 
 
  o Loans to co operative sugar factories for payment of Fair and Remunerative Price 
granted or subsidised by the State of Andhra Pradesh;29 
o Notification dated 2 August 2017 issued by Department of Industrial Unit, 
Government of Bihar, reducing the rate of commission to be  paid by sugar mills 
on the purchase of sugarcane for the 2016/17 season;  
o Notification dated 17 May 2018 issued by Department of Industrial Unit, 
Government of Bihar, reducing the rate of commission to be paid by sugar mills 
on the purchase of sugarcane fo r the 2017/18 season;  
o Notification dated 17 May 2018 issued by Department of Industrial Unit, 
Government of Bihar, exempting sugar mills from payments of certain taxes for 
the 2017/18 season;  
o The Chief Ministers Sugarcane Development Scheme in the State of  Bihar, 
providing for subsidies for the purchase and transportation of registered seed of 
sugarcane for the 2017/18 season;  
o Haryana financial assistance (subsidy and soft loans) of INR 16/qtl;30 
o Haryana financial assistance to private Sugar Mills for making  payments to cane 
growers;31 
o Haryana one time settlement of the loans to all cooperative sugar mills, Kaithal, 
Meham, Panipat, Rohtak, Sonepat, Jind, Palwal, Gohana, Shahabad, Karna;32 
o Haryana loans to cooperative sugar mills;33 
o Scheme -1-180618 of the Sugar R egulatory Authority, Government of Gujarat, 
providing for liquidity support to sugar cooperatives for the season 2018/19;  
o Scheme -3-180618 of the Sugar Regulatory Authority, Government of Gujarat, 
providing funds to sugar mills for the season 2018/19;  
o Schem e-4-180618 of the Sugar Regulatory Authority, Government of Gujarat, 
providing for a liquidity support loan to sugar mills for the season 2018/19;  
o Gujarat package for strengthening sugar cooperatives as may be decided by the 
State Government Policy;34 
o Liquidity support loan to sugar cooperatives granted by the State of Gujarat;35 
                                                
29 The State of Andhra Pradesh 's Budget Estimates 2018 -19 for Industries and Commerce Department; 
Budget Estimates 2017 -18 for Industries and Commerce Depart ment; Budget Estimates 2016 -17 for Industries 
and Commerce Department; Budget Estimates 2015 -16 for Industries and Commerce Department.  
30 "State subsidies for farmers to improve mills ' liquidity, clear cane dues ", Business Standard, 19 
October 2018, availa ble at  https://www.business -standard.com/article/economy -policy/state -subsidies -to-
improve -mills-liquidi ty-clear-cane-dues-118101900698_1.html  (last visited 10 July  2019), and "State subsidies 
to improve mills ' liquidity & clear cane dues: Report ", Daily Pioneer, 20 October 2018, available at  
https://www.dailypioneer.com/2018/business/state -subsidies -to-improve -mills----liquidity ---clear-cane-dues-
report.html  (last visited 10 July 2019).  
31 The State of Haryana 's Annual Financial Statement, 2018 -19, 2019 -20.  
32 The State of Haryana 's 2019 -20 Detailed Estimates of Capital Expenditure; 2018 -19 Detailed 
Estimates of Capital Expenditure.  
33 The State of Haryana 's 2019 -20 Detailed Estimates of Capital Expenditure; 201 8-19 Detailed 
Estimates of Capital Expenditure  
34 The State of Gujarat 's Budget Estimates for 2019/20; Budget Estimates for 2018/19; Budget 
Estimates for 2017/18; Budget Estimates for 2016/17; Budget Estimates for 2015/16.  
35 Ibid.   WT/DS579/7  
 
- 13 - 
 
  o Interest subvention against the purchase tax/soft loan to the cooperative sugar 
factories granted by the State of Gujarat;36 
o Notification No. SCPT -1117/CR -03/Taxation -3 of the Finance  Department, 
Government of Maharashtra of 19 April 2017, exempting sugar factories from 
payments of certain taxes for the season 2016/17;  
o Funds provided by the State of Maharashtra in connection with drip and micro 
irrigation of sugarcane, including but not limited to:  
▪ Notification dated 06.10.2016 issued by the Department of Agriculture, 
Government of Maharashtra;  
▪ Notification dated 24.07.2017 issued by the Department of Agriculture, 
Government of Maharashtra;  
▪ Notification dated 12.09.2018 issued by the Department of Agriculture, 
Government of Maharashtra;  
▪ Notification dated 31.07.2018 issued by the Department of Agriculture, 
Government of Maharashtra;  
o Notification dated 16.11.2016 issued by the Department of Agriculture, 
Government of Maharashtra providi ng for a soft loan scheme for sugarcane 
farmers in the State of Maharashtra;  
o Order G.O.(Ms).No.191 of the Agriculture (S1) Department of the Government 
of Tamil Nadu of 24 July 2018, providing for payments to sugarcane farmers in 
addition to the Federal Fa ir and Remunerative Price for the 2017/18 season;  
o Order G.O.(Ms).No.230 of the Agriculture (S1) Department of the Government 
of Tamil Nadu of 17 September 2018, providing for payments to sugarcane 
farmers in addition to the Federal Fair and Remunerative Pr ice for the 2017/18 
season;  
o Production incentive to sugarcane farmers provided by the State of Tamil 
Nadu;37 
o Loans to cooperative sugar mills provided by the State of Tamil Nadu;38 
o Assistance to cane suppliers as purchase tax incentive granted by the State o f 
Telangana;39 
o Notification dated 24 September 2015 issued by Sugar Industrial Unit, 
Government of Uttar Pradesh, providing for a scheme for easing dues on 
sugarcane farmers for the 2014/15 season;  
o Below -market loans to farmers in Uttar Pradesh, announced 2 6 September 
2018;40   
                                                
36 The State of Gujarat 's Budget Estimates for 2019/20; Budget Estimates for 2018/19; Budget 
Estimates for 2017/18; Budget Estimates for 2016/17; Budget Estimates for 2015/16.  
37 The Governor of the State of Tamil Nadu 's Budget Speech 2018 -19; Budget Speech 2019 -20. The 
State of Tamil Nadu 's  2019 -2020 Budget publication – Industries Department.  
38 The State of Tamil Nadu 's  2019 -2020 Budget publication – Industries Department.  
39 The State of Telangana 's Budget Estimate 2018 -19.  
40 See "Sweet & Sour: UP offers Rs 4000 crore loan,  subsidy to clear cane dues ", Financial Express, 26 
September 2018, available at  https://www.financialexpress.com/industry /sweet -sour-up-offers -rs-4000-crore-
loan-subsidy -to-clear-cane-dues/1326772/  (last visited 10 July 2019).  WT/DS579/7  
 
- 14 - 
 
  o Production subsidy for sugar mills in Uttar Pradesh of INR 4.5 per quintal;41 
o Notification dated 21 March 2018 issued by Sugar Industrial Unit, Government 
of Uttar Pradesh, providing for funds for drip irrigation during the season 
2016/ 17; 
o Notification dated 15 November 2017 issued by Cane Development & Sugar 
Industry, Government of Uttar Pradesh, waiving the guarantee fee payable by 
certain sugar mills on government guarantees;  
o Assistance subsidies, subsidised loans, and other subsidies  specifically provided 
to producers of sugarcane and sugar by the Indian States of Andhra Pradesh, 
Bihar, Gujarat, Haryana, Karnataka, Maharashtra, Punjab, Tamil Nadu, 
Telangana, Uttarakhand, Madhya Pradesh, and Uttar Pradesh;42  
e. Any funds provided by India n States and the Federal Government in relation to 
sugarcane under the Krishonnati Yojana Scheme;43 and, 
f. All other Federal -level or State -level instruments, including all successor instruments, 
and any amendments thereto, providing product -specific domestic  support for sugarcane 
and sugar through non -exempt direct payments or any other subsidy not exempted from 
reduction commitments whether provided by the Federal government or any of the 
individual States during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/ 19 seasons 
and subsequent seasons.  
12. In addition to the measures identified in paragraphs 8 to 11, the measures covered by this 
request for the establishment of a Panel includ e any amendments to any of the measures listed in 
paragraphs 8 to 11, above, or related, successor, replacement, or implementing measures thereto.  
III. Export Subsidies Pertaining to Sugar and Sugarcane  
13. The export subsidy measures and programs pertaining to sugar and sugarcane include, but 
are not limited to, the following:  
14. Federal -level export subsidies pertaining to sugar or sugarcane  which make the provision of 
financial support contingent upon export performance under, including but not limited to, the 
following legal instruments:  
                                                
41 See "Sweet & Sour: UP offers Rs 4000 crore loan, subsidy to clear cane dues ", Financial Express, 26 
September 2018, available at  https://www.financialexpress.com/industry/sweet -sour-up-offers -rs-4000-crore-
loan-subsidy -to-clear-cane-dues/1326772/  (last visited 10 July  2019).  
42 Including such support as mentioned in: "UP govt announces sops for sugar mills to clear farmers ' 
dues by Nov 30 ", United News of India, 25 September 2018, available at  http://www.uniindia.com/~/up -govt-
announces -sops-for-sugar -mills-to-clear-farmers -dues-by-nov-30/States/news/1360778.html  (last visited 10 
July 2019); "Supplementary budget tabled by Yogi govt ", The Pioneer, 28 August 2018, available at  
https://www.dailypioneer.com/2018/state -editions/supplementary -budget -tabled -by-yogi-govt.html  (last 
visited 10 July 2019); Punjab govt. to pay sugarcane farmers, The Hindu, 5 December 2018, available at  
https://www.thehindu.com/news/ national/other -states/punjab -govt-to-pay-sugarcane -
farmers/article25674269.ece  (last visited 10 July 2019); sugar - and sugarcane -related expenditures mentioned 
in the Karnataka Monthly Programme Implementation Calendar (MPIC) for the month of December 2017  by the 
Commissioner for Cane Development & Director of Sugar, Government of Karnataka; sugar - and sugarcane -
related expenditures mentioned in the Annual Scheme 2018 -2019 (Departmentwise) of the Finance 
Department of the Government of Maharashtra; sugar - and sugarcane -related expenditures mentioned in the 
Report of the Comptroller and Auditor General of India on State Finances, Government of Uttar Pradesh, 
Report No. 1 of the year 2018.  
43 Including, but not limited to, the following: Notifications issued by  the Department of Agriculture, 
Government of Maharashtra dated 17.03.2016, 16.07.2016, 14.10.2016, 03.02.2017, 17.02.2017, 
16.03.2017, 30.03.2017, 06.05.2017, 26.09.2017, 26.10.2017, 27.10.2017, 09.11.2017, 15.11.2017, 
12.02.2018, 20.02.2018, 12.03.2018, 15.03.2018, 28.03.2018, 26.06.2018, 24.01.2018; Order dated 
24.08.2016 by the Department of Agriculture, Government of Tamil Nadu.  WT/DS579/7  
 
- 15 - 
 
  a. Subsidies for the production of sugarcane and sugar that are contingent upon export 
performance including, but not limited to:  
o Notification No. 20(43)/2015 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distributi on of 2 December 
2015, providing for a "Scheme for Extending Production Subsidy " for the 
2015/16 season;  
o Notification No. 1(5)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 9 May 20 18, 
providing for a "Scheme for Assistance to Sugar Mills " for the 2017/18 season, 
as amended;  
o Notification No. 1(14)/2018 -S.P.-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 5 October 2018, 
providing for a "Scheme for Assistance to Sugar Mills " for the 2018/19 season;  
b. Subsidies for the maintenance of stocks for sugar that are contingent upon export 
performance including, but not limited to:  
o Notification No. 1(6)/2018 -SP-I of the Ministry of Co nsumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 15 June 2018, 
providing for a "Scheme for Creation and Maintenance of Buffer Stock "; 
o Ministry of Consumer Affairs, Food & Public Distribution, Department of Food & 
Public Distribution Order of 29 June 2018, allocating 30 Lakh MT of buffer stock;  
o Notification No. 1(6)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 31 December 
2018, providing for a ch ange to the Scheme for Creation and Maintenance of 
Buffer Stock;  
c. Measures that prescribe maximum domestic sales quotas and stockholding limits 
connected to export performance, including but not limited to:  
o Order S.O.2347(E) of the Ministry of Consumer Aff airs, Food & Public 
Distribution, Department of Food & Public Distribution of 7 June 2018 enabling 
the central government to specify quantities of sugar to be held in stock by sugar 
mills;  
o Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Aff airs, Food 
& Public Distribution of 7 June 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 29 June 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Dis tribution of 30 July 2018;  
o Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 31 August 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 28 September 2018;  
o Order F. No. 5 -1/2018 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 31 October 2018;  
o Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribution, Departmen t of Food & Public Distribution of 30 November 2018;  WT/DS579/7  
 
- 16 - 
 
  o Order F. No. 5 -1/2018 of the Ministry of Consumer Affairs, Food & Public 
Distribution, Department of Food & Public Distribution of 28 December 2018;  
o Order F. No. 5 -1/2019 -Sugar Control of the Ministry o f Consumer Affairs, Food 
& Public Distribution of 31 January 2019;  
o Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 28 February 2019;  
o Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affa irs, Food 
& Public Distribution of 25 March 2019;  
o Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 30 April 2019;  
o Order F. No. 5 -1/2019 -Sugar Control of the Ministry of Consumer Affairs, Food 
& Public Distribution of 31 May 2019;  
d. Minimum Indicative Export Quotas ( "MIEQ ") that operate in conjunction with the other 
measures identified in this paragraph 14 to require mills to export certain quantities of 
sugar including, but not limited to:  
o Notification No. 1(10)/2015 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 18 September 
2015, al locating minimum indicative export quotas by factory for the 2015/16 
season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 28 March 2018, 
allocating minimum indi cative export quotas by factory for the 2017/18 season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 9 May 2018, 
revising the allocation of minimum indicative e xport quotas for the 2017/18 
season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 23 August 2018, 
amending Notification No. 1(4)/2018 -SP-I of 9 May 2018;  
o Notifi cation No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 23 September 
2018 concerning the allocation of minimum indicative export quotas for the 
season 2018 -19; 
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 28 September 
2018, allocating minimum indicative export quotas by factory for the 2018/19 
season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consumer Affairs, Food and 
Public Distribution, Department of Food and Public Distribution of 
12 October  2018, clarifying the minimum indicative export quotas for the 
2018/19 season;  
o Notification No. 1(4)/2018 -SP-I of the Ministry of Consu mer Affairs, Food and 
Public Distribution, Department of Food and Public Distribution of 
20 November  2018, extending the time limit for exporting sugar under the 
minimum indicative export quotas for the 2017/18 season;  WT/DS579/7  
 
- 17 - 
 
  o Notification No. 1(4)/2018 -SP-I of th e Ministry of Consumer Affairs, Food & 
Public Distribution, Department of Food & Public Distribution of 24 December 
2018; and,  
e. All other Federal -level instruments, including all successor instruments, and any 
amendments thereto, providing Federal -level sub sidies contingent on export 
performance during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and 
subsequent seasons.44   
15. State -level export subsidies pertaining to sugar and sugarcane  which make the provision of 
financial support contingent upon e xport performance under, including but not limited to, the 
following legal instruments:  
a. Any subsidies contingent on export provided to producers of sugarcane and sugar by the 
Indian States of Andhra Pradesh, Bihar, Gujarat, Haryana, Karnataka, Madhya Prade sh, 
Maharashtra, Punjab, Tamil Nadu, Telangana, Uttarakhand, and Uttar Pradesh;45,46 and, 
b. All other State -level instruments, including all successor instruments, and any 
amendments thereto, providing State -level subsidies contingent on export performance 
during the 2014/15, 2015/16, 2016/17, 2017/18, 2018/19 seasons and subsequent 
seasons.   
16. In addition to the measures identified in paragraphs 14 to 15, the measures covered by this 
request for the establishment of a Panel include any amendments to any of the measures listed in 
paragraphs 14 to 15, above, or related, successor, replacement or implementing measures thereto.  
IV. Claims of Inconsistency Against the Domestic Support Measures  
17. Brazil recalls that India did not schedule a domestic support reduction commitment level in 
Section I of Part IV of its Schedule XII.  Accordingly, under Article 6.4 of the Agreement on 
Agricultu re, India 's product -specific domestic support for sugarcane is limited to a de minimis  level 
at or below 10 per cent of the value of production of sugarcane.  Brazil considers that India 's 
provision of domestic support through the measures listed in Part 0 (paragraphs 8 to 12, above) is  
inconsistent with India 's obligations under Articles 3.2, 6.3 and 7.2(b) of the  Agreement on 
Agriculture  because it is in excess of India 's de minimis entitlement of 10 percent of the value of 
production.  
V. Claims of Inconsistency Against the Export Subsidy Measures  
18. Brazil further recalls that India did not schedule an export subsidy reduction commitment 
under Section II of Part IV of its Schedule XII pertaining to sugar or sugarcane that would permit it 
to use export subsidies.  Accordingly, India may not provide exp ort subsidies pertaining to sugar or 
sugarcane.  Brazil considers that the measures listed in Part 0 of this request for consultations 
(paragraphs  14 to 16, above) provide export subsidies pertaining to sugar or sugarcane.  
Accordingly, these measures are inconsistent with India 's export sub sidy obligations under 
Articles  3.3, 8, 9.1 and 10.1 of  the Agreement on Agriculture . 
VI. Concluding Remarks  
19. Brazil asks that this request for the establishment of a Panel be placed on the agenda for the 
next meeting of the DSB, which is scheduled to take place on 22 July 2019.  
__________  
                                                
44 This includes any Federal -level measures listed in paragraph 11, above, that are contingent upon 
export performance.  
45 Including such subsidies as mentioned in "Maharashtra government plans subsidy for mills to export 
sugar ", The Indian Express, 20 April 2018, available at https://indianexpress.com/article/india/maharashtra -
government -plans -subsidy -for-mills-to-export -sugar -5144453/  (last visited  10 July 2019).   
46 This includes any State -level measures listed in paragraph 11, above, that are contingent upon export 
performance.  