WORLD TRADE
ORGANIZATIONTN/DS/W/51
5 March 2003
(03-1284)
Dispute Settlement Body
Special SessionOriginal:  English
SPECIFIC AMENDMENTS TO THE DISPUTE SETTLEMENT UNDERSTANDING
– DRAFTING INPUTS FROM CHINA
Communication from China
The following communication, dated 3 March 2003, has been received from the Permanent
Mission of the People's Republic of China.
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Further to its communication, dated 6 January 2003, China would like to propose the following
amendments to the DSU:
1. Consultation
1. In paragraph 7 of Article 4, the numeral " 60" shall be replaced by the numeral " 30" wherever
it appears.
2. The following footnote shall be inserted at the end of this paragraph:
Where one or more of the parties is a developing-country Member, the time period
established in paragraph 7 of Article 4 shall, if the developing-country Member request, be
extended by up to 30 days.
2. Panel
1. Paragraph 1 of Article 6 shall be amended as follows:
If the complaining party so requests, the DSB sh all establish a panel at the meeting at which
the request first appears as an item on the DSB's agenda, unless the DSB decides byconsensus not to establish a panel.
The existing footnote to Article 6.1 shall be retained at the end of paragraph 1.
2. The following new footnote shall be added to Article 6.1 after the word “requests”:
In a case involving a complaint against a developing-country Member, if the developing-
country Member request, the establishment of a panel shall be postponed at the DSB meeting
following that at which the request first appears as an item on the DSB's agenda.TN/DS/W/51
Page 2
3. Third party
1. In paragraph 2 of Article 10, the sentence "within 10 days after the date of establishment of
the panel" shall be inserted after "to the DSB".
2. Paragraph 6 of Appendix 3 “Working Procedures” shall be amended as follows:
All third parties which have notified their interest in the dispute to the DSB shall be invited in
writing to be present of all substantive meetings of the panel.  The third parties shall be
invited by the panel to present their views and may response to the questions raised by the
panel and parties to the dispute during the first substantive meeting.
3. Paragraph 7 of Appendix 3 “Working Procedures” shall be amended as follows:
Formal rebuttals shall be made at a second substantive meeting of the panel.  The party
complained against shall have the right to ta ke the floor first to be followed by the
complaining party.  The parties shall submit, prior to that meeting, written rebuttals to the
panel.  The third party shall have the right to observe the meeting without opportunities to
take the floor at the second substantive meeting of the panel.
4. S&D Treatment
1. The following provision on horizontal S&D treatment to developing-country Members,
including LDCs, shall be added in an appropriate place in the DSU.
Article xx
Special and Differential Treatments to Developing Countries
1. Developed-country Members shall exercise due restraint in cases against developing-
country Members.  Developed-country Members shall not bring more than two cases to the
WTO Dispute Settlement Body against a par ticular developing-country Member in one
calendar year.
2. Where a developed-country Member brings a case against a developing-country
Member, if the final rulings of a panel or the Appellate Body show that the developing-
country Member does not violate its obligations under the WTO Agreements, the legal costs
of the developing-country Member shall be borne by the developed-country Member initiating
the dispute settlement proceedings.
2. The following provision on shortened timeframe for safeguard and anti-dumping cases in the
DSU shall be added in an appropriate place in the DSU.
Article xx
Shortened Time-Frame for Disputes Involving Safeguard and Anti-Dumping Measures
1. Time-periods applicable under the DSU for the conduct of disputes involving
safeguard and anti-dumping measures shall be half of the normal time-frame.
2. If the defending party is a developing-country Member, the shortened time-frame
shall not apply to the defending party.TN/DS/W/51
Page 3
Relevant provisions in the Agreement on Safeguards and Agreement on Anti-Dumping
should be revised accordingly.
5. Reasonable period of Time
1. The following paragraphs shall be inserted at the end of paragraph 6 of Article 21:
Upon compliance with the recommendations or rulings of the DSB, the Member concerned
shall submit to the DSB a written notification on compliance.
If the Member concerned has not submitted the above-mentioned notification by the date that
is 20 days before the date of expiry of the reasonable period of time, then not later than that
date the Member concerned shall submit to the DSB a written notification on compliance
including the measures that it has taken, or the measures that it expects to have taken by theexpiry of the reasonable period of time
6. Amendment to Working Procedures
1. Subparagraph 12(a) shall be revised as follows:
(a) Receipt of first written submissions of the parties:
(1) Complaining Party: ____ 3-4 weeks
(2) Party complained against: ____ 4-5 weeks
Such revision is to balance the current time-period for parties to a dispute to prepare written
submissions.
2. In order to address special situations of developing-country Members, the following sentence
shall be added to subparagraph 12(a):
For developing-country Members to a disp ute, the following time-frame shall apply:
(1) Complaining Party: ____  4-6 weeks
(2) Party complained against: ____  6-7 weeks
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