WORLD TRADE  
ORGANIZATION  WT/DS245/10 
2 July 2004 
 (04-2853) 
 Original:  English 
 
 
JAPAN - MEASURES AFFECTING THE IMPORTATION OF APPLES 
 
Confirmed Procedures between Japan and the United States  
under Articles 21 and 22 of the DSU  
  
 The following communication, dated 30 June 2004, from the delegation of Japan and the 
delegation of the United States to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of these delegations.  
_______________ 
  
  
Confirmed Procedures 
between Japan and the United States 
under Articles 21 and 22 
of the Dispute Settlement Understanding 
in the follow-up to the dispute in 
Japan – Measures Affecting the Importation of Apples 
(WT/DS245) 
 
 
 The Panel and Appellate Body reports in the WTO dispute Japan  – Measures Affecting the 
Importation of Apples  (WT/DS245/R and WT/DS245/AB/R) between Japan and the United States 
were adopted by the Dispute Settleme nt Body (DSB) on 10 December 2003. 
  On 30 January 2004, pursuant to Article 21.3(b) of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes (DSU), Japan and the United States agreed on the 
reasonable period of time for implementation of the DSB's recommendations and rulings 
(WT/DS245/9) ("reasonable period of time").  A ccording to the terms of the 30 January 2004 
agreement, the reasonable period of time expires on 30 June 2004.    In response to the DSB’s recommendations and rulings, Japan has undertaken certain 
measures replacing the measures found to be incons istent with Japan’s obligations under the WTO 
Agreement.   Japan and the United States (the "parties" ) have confirmed the following procedures: 
 
1. After the expiration of the reasonable period of  time, should the United States consider that 
the situation described in DSU Article 21.5 exists , it is confirmed that the United States will 
be entitled to request the establishment of a panel pursuant to DSU Article 21.5 (the "Article 21.5 compliance panel").  
 WT/DS245/10 
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2. At the first DSB meeting at which the Unite d States’ request for the establishment of an 
Article 21.5 compliance panel appears as an  item on the agenda, Japan will accept the 
establishment of that panel. 
 3. The parties will cooperate to enable the Artic le 21.5 compliance panel to  circulate its report 
within 90 days of the panel's composition, ex cluding such time as the panel's work may be 
suspended pursuant to DSU Article 12.12. 
 4. The United States may request authorization to suspend concessions or other obligations 
pursuant to DSU Article 22.2 simultaneously with  or after any United States request for the 
establishment of a panel pursuant to paragraph 1. 
 
5.  Under DSU Article 22.6, Japan will object to the level of suspension of concessions or other 
obligations and/or make a claim under DSU Artic le 22.3 before the date of the DSB meeting 
considering the United States’ request and the matte r will be referred to arbitration pursuant to 
DSU Article 22.6.  The United States will not pose any objection to the referral of the matter 
to such arbitration. 
 6. Where the matter has been referred to Article  22.6 arbitration, the parties will request the 
Article 22.6 arbitrator, at the earliest possible moment, to suspend its work until the adoption 
of the Article 21.5 compliance panel report. 
  
7. In the event that the DSB finds that the measures taken by Japan to comply with the 
recommendations and rulings of the DSB are inc onsistent with the covered agreements as 
referred to in the Article 21.5 compliance pa nel request, the Article 22.6 arbitrator will 
automatically resume its work.  The parti es will cooperate to enable the Article 22.6 
arbitrator to circulate its report within 60 days of the resumption of its work. 
 8.     In the event that the DSB finds that the measures taken by Japan  to comply with the 
recommendations and rulings of the DSB are not in consistent with the co vered agreements as 
referred to in the Article 21.5 compliance pa nel request, the United States will withdraw its 
request under DSU Article 22.2, thereby te rminating the arbitration procedure. 
 
9. The parties will cooperate to facilitate the pa rticipation of the original panelists in the 
Article 21.5 compliance panel and the Article 22.6 arbitration. 
 10. If any of the original panelists are not availa ble for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration, or both, the parti es will request the Direct or-General of the WTO 
to appoint, as soon as possible, a replacement for the proceeding or proceedings in which such a replacement is required.  If an original  panelist is unavailable to serve in the either 
proceeding, the parties will further request that in making this appointment, the Director-General seek a person who will also  be available to act in both proceedings. 
 
11. Should the Article 21.5 compliance panel dete rmine that the participation of experts is 
necessary, and should the panel consider the par ticipation of the origin al experts appropriate, 
the parties will not object to the participation of the original experts.  
 12.    The parties will continue to cooperate in all matters related to these confirmed  procedures and 
not to raise any procedural objection to any of the steps set out herein. If, during the 
application of these procedures, the parties cons ider that a procedural aspect has not been 
properly addressed, they will endeavour to find a solution within the shortest time possible that will not affect the other aspects and steps herein confirmed. 
  WT/DS245/10 
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13. These confirmed procedures do not prejudice either party's rights to take any action or                      
procedural step to protect its rights or inter ests, including the activation of any aspect of the 
provisions of the DSU. 
  
Geneva, 30 June 2004 
   For Japan: For the United States:   
 
  (signed) (signed)   H.E. Mr. Shotaro Oshima H.E. Ms Linnet F. Deily    Ambassador Ambassador   Permanent Representative Permanent Representative  
  Permanent Mission of Japan Permanent Mission of the United States 
       
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