WT/DS583/3  
 
5 August 2019  
(19-5118) Page: 1/6 
  Original: English  
 
TURKEY – CERTAIN MEA SURES CONCERNING THE  PRODUCTION,  
IMPORTATION AND MARK ETING OF PHARMACEUTI CAL PRODUCTS  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY THE EUROPEAN UNI ON 
The following communication, dated 2 August 2019 , from the delegation of the European Union  to 
the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.  
 
_______________  
 
 
On 2 April 2019, the European Union requested consultations with the government of the Repub lic 
of Turkey (Turkey) pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures 
Governing the Settlement of Disputes (DSU), Article XXII:1 of the General Agreement on Tariffs and 
Trade 1994 (GATT 1994), Article 8 of the Agreement on Trade Related Investment Measures 
(TRIMs  Agreement),  Article 64 of the Agreement on Trade -Related Aspects of Intellectual Property 
Rights (TRIPS Agreement), and Article 4.1 of the Agreement on Subsidies and Countervailing 
Measures (SCM Agreement) with regard to various measures concerning the production, importation 
and marketing of pharmaceutical products.  
The consultations took place on 9 and 10 May 2019 in Geneva with a view to reaching a satisfactory 
settlement of the matter. Unfortunately, they failed to set tle the dispute. The European Union 
therefore requests that a panel be established pursuant to Articles 4 and 6 of the DSU, Article XXIII 
of GATT 1994, Article 8 of the TRIMs Agreement, and Article 4.4 of the SCM Agreement to examine 
the matter based on th e standard terms of reference, as set out in Article 7.1 of the DSU.  
The measures at issue are the localisation requirement, the import ban on localised products and 
the prioritization measure as explained below. They are put in place and evidenced by, and  are 
implemented and administered through, inter alia,  the following legal and other instruments, 
considered alone and in any combination:  
− "The Tenth Development Plan 2014 -2018" of 2 July 2013, in particular 1.2  (Program for 
Reducing Import Dependency) and 1.16 (Healthcare Related Industries Structural 
Transformation Program) under Chapter 3.1 (Priority Transformation Programs);1 
− "The Structural Transformation Program for Healthcare Industries Action Plan " of 
6 November 2014, coordinated by the Ministry of Health and the Ministry of Development, 
in particular Actions 2 and 3 under Policy No 5 ( Strengthening the capacity of the 
procurement bodies (public institutions) to steer and regulate the sector ) of Component -1 
(Strengthening Public Sector 's Steering Capacity ) and Actions 1 and 2 under Policy No 1 
(Developing Cooperation Models with the domestic Medicines/ Medical Devices Industry 
                                                
1 Decision No. 1041 of the Grand National Assembly of Turkey of 2 July 2013 on the approval of the 
Tenth Development Plan (2014 -2018), in accordance with the Law No. 3067, dated 30 October 1984, 
http://www.resmigazete.gov.tr/eskiler/2013/07/20130706M1.htm , 
http://www.resmigazete.gov.tr/eskiler/2013/07/20130706M1 -1.htm  and 
http://www.resmigazete.gov.tr/eskiler/2013/07/20130706M1 -1-1.doc , last accessed on 7 March 2019, and in 
English http://www.sbb.gov.tr/wp -content/uploads/2018/11/The_Tenth_Development_Plan_2014 -2018.pdf , 
last accessed on 7 March 2019.  WT/DS583/3  
 
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  While Devising New Health Schemes ) of Component -3 (Improvement of Business and 
Entrepreneurial Ecosystems );2 
− "The 2016 Action Plan of the 64th Government (Implementation and Reforms) " of 
10 December 2015, in particular Action 46 (The reimbursement, pricing and licensing 
processes of medical devices and strategic and domestic medicines shall be improved);3 
− "The 65th Government Programme " of 24 May 2016, in particular Part 3 
(Human  Development) and Part 4 (Strong Economy);4 
− "The Performance Program for 100 Days " announced on 3 August 2018 by Turkish President 
Erdogan for the first 100 days of his Presidency, in particular points 9 and 10 of the actions 
falling under the responsibility of the Ministry of Health;5 
− "Presidency Decision No. 108 on the New Economy Pro gram for the period 2019 -2021" of 
20 September 2018, in particular Part 4 (Current Account Deficit) and 7 (Programs and 
Projects – Health);6 
− "The SSI Regulation on Drug Reimbursement " of 10 February 2016;7 
− "The SSI Regulation on Alternative Reimbursement f or Universal Health Insurance " of 
10 February 2016;8 
− "Regulation amending the Regulation on the Working Procedures and Principles of the Social 
Security Institution Healthcare Services Pricing Commission " of 10 February 2016;9 
− "Circular 2018/1 " from the Prime Ministry of 24 January 2018 on the Localisation Board;10 
− "The Health Implementation Notification/Communique ", in particular "Annex -4/A";11 
                                                
2 http://strateji.gtb.gov.tr/haberler/10kalkinma -plani-oncelikli -donusum -programlari -aciklandi , 
http://strateji.ticaret.gov.tr/data/54a2957ef29370219c5db800/1.%20grup%20eylem%20planları.docx , 
http://strate ji.ticaret.gov.tr/data/54a2957ef29370219c5db800/2.%20grup%20eylem%20planları.docx , 
http://www.sbb.gov.tr/oncelikli -donusum -programlari -eylem -planlari/  and http://www.sbb.gov.tr/wp -
content/uploads/2018/10/16Saglik_Endustrilerinda_Yapisal_Donusum_ProgramiBASKI.pdf , last accessed on 7 
March 2019.      
3 http://bypass.teskilat.akparti.org.tr/Site/haberler/64. -hukumetin -eylem -plani/81171#1  and 
https://www.tusev.org.tr/usrfiles/files/64.HukumetEylemPlaniKitapcik.pdf , last accessed on 7 March 2019 . 
4 http://reformlar.gov.tr/ui/pdf/65._hukumet_program .pdf, last accessed on 6 June 2018 .   
5 https://www.tccb.gov.tr/assets/dosya/100_GUNLUK_ICRAAT_PROGRAMI.pdf , last accessed on 7 
March 2019.  
6 http://www.resmigazete.gov.tr/eskiler/2018/09/20180920M2.htm , 
http://www.resmigazete.gov.tr/eskiler/2018/09/20180920M2 -1.pdf and 
http://www.bumko.gov.tr/Eklenti/11246,yeni -ekonomi -programipdf.pdf?0 , last accessed on 7 March 2019, and 
in English https://ms.hmb.gov.tr/uploads/sites/2/2019/01/Turkey -NEP-2019-21.pdf , last accessed on 7 March 
2019.  
7 Published in the Official Gazette of 10 February 2016, page 23, 
http://www.resmigazete.gov.tr/eskiler/2016/02/20160210.htm  and 
http://www.resmigazete.gov.tr/eskiler/2016/02/20160210 -7.htm , last accessed on 7 March 2019 .   
8 Published in the Official Gazette of 10 February 2016, page 16, 
http://www.resmigaze te.gov.tr/eskiler/2016/02/20160210.htm  and 
http://www.resmigazete.gov.tr/eskiler/2016/02/20160210 -6.htm , last accessed on 7 March 2019 .  
9 Published in the Official Gazette  of 10 February 2016, page 37, 
http://www.resmigazete.gov.tr/eskiler/2016/02/20160210.htm  and 
http://www.resmig azete.gov.tr/eskiler/2016/02/20160210 -8.htm , last accessed on 7 March 2019 . 
10 Published in the Official Gazette of 24 January 2018, page 8, 
http://www.resmigazete.gov.tr/eskiler/2 018/01/20180124 -5.pdf, last accessed on 7 March 2019.  
11 In Turkish the "Sağlık Uygulama Tebliği " (SUT), published in the Official Gazette Number 28597 of 24 
March 2013, 
http://www.mevzuat.gov.tr/Metin.Aspx?MevzuatKod=9.5.17229&MevzuatIliski=0&sourceXmlSearch  and its 
annexes http://www.mevzuat.gov.tr/MevzuatMetin/yonetmelik/9.5.17229 -EKK.zip , last accessed on 7 March 
2019. Latest amendments published in the Official Gazette of 28 December 2018 Number 30639, 
http://www.resmigazete.gov.tr/eskiler/2018/12/20181228M1.htm  and 
http://www.resmigazete.gov.tr/eskiler/2018/12/20181228M1 -1.pdf, last accessed on 7 March 2019; published WT/DS583/3  
 
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  − "The Social Security Institution Law Number 5502 " of 16 May 2006, as amended by 
Article  88 of "Decree L aw 703 Amending Certain Laws and Decree Laws for the Purposes of 
Compliance with the Amendments to the Constitution " of 2 July 2018;12 
− "The Social Insurance and Universal Health Insurance Law Number 5510 "of 31 May 2006;13 
− "Decree Law No. 663 on Organization and Duties of Ministry of Health and its Affiliated 
Agencies " of 11 October 2011;14 
− "Presidential Decree Number 1 on Organization of Presidency " of 10 July 2018;15 
− "Decree Law 703 Amending Certain Laws and Decree Laws for the Purposes of Complia nce 
with the Amendments to the Constitution " of 2 July 2018;16 
− "Presidential Decree Number 4 on Organization of the Ministries, Affiliated, Linked and 
Related  Agencies and Other Institutions and Agencies " of 15 July 2018;17 
− "Regulation on the Registration o f Medicinal Products for Human Use " of 19 January 2005;18 
− "Notification/Communique on the Pricing of Medicinal Products for Human Use " of 
29 September 2017;19 
                                                
on the Social Security Website on 11 February 2019, 
http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_mudurlugu/anasayfa_duyurular/guncel_sut_01022019  and 
http://www.sgk.gov.tr/wps/wcm/connect/4cd197fc -aa36-45cb-9090-ee8c525b6c18/2019.02.01 -
+De%C4%9Fi%C5%9Fiklik+Tebli %C4%9Fi+%C4%B0%C5%9Flenmi%C5%9F+G%C3%BCncel+SUT.zip?MOD
=AJPERES&CONVERT_TO=url&CACHEID=4cd197fc -aa36-45cb-9090-ee8c525b6c18 , last accessed on 7 March 
2019.  
12 Published in the Official Gazette Number 26173 of 20 May 2006, 
http://www.resmigazete.gov.tr/eskiler/2006/05/20060520.htm  and 
http://www.resmigazete.gov.tr/eskiler/2006/05/20060520 -2.htm , last accessed on 7 March 2019, including its 
amendment by Article 88 of Decree Law 703 of 2 July 2018, "Law on Certain Amendments  to the Social 
Security Institution Law ", 
http://www.mevzuat.gov.tr/Metin1.Aspx?MevzuatKod=1.5.5502&MevzuatIliski=0&sourceXmlSearch=&Tur=1&
Tertip=5&No=5502  and http://www.mevzuat.gov.tr/MevzuatMetin/ 1.5.5502.pdf , last accessed on 7 March 
2019.  
13 Published in the Official Gazette Number 26200 of 16 June 2006, 
http://www.resmigazete.gov.tr/eskiler/2006/06/20060616.htm  and 
http://www.resmigazete.gov.tr/eskiler/2006/06/20060616 -1.htm , last accessed on 7 March 2019.  
14 Published in the Official Gazette Number 28103(bis) of 2 November 2011, 
http://www.resmigazete.gov.tr/eskiler/2011/11/20111102M1.htm  and 
http://www.resmigazete.gov.tr/eskiler/2011/11/20111102M1 -3.htm , last accessed on 7 March 2019.  
15 Published in the Official Gazette Number 30474 of 10 July 2018, 
http://www.resmigazete.gov.tr/eskiler/2018/07/20180710.htm  and 
http://www.resmigazete.gov.tr/eskiler/2018/07/20180710 -1.pdf, last accessed on 7 March 2019.  
16 Published in the Official Gazette Number 30473 of 9 July 2018, 
http://www.resmigazete.gov.tr/eskiler/2018/07/20180709M3.htm  and 
http://www.resmigazete.gov.tr/eskiler/2018/07/20180709M3 -1.pdf, last accessed on 7 March 2019.  
17 Published in the Official Gazette Number 30479 of 15 July 2018, 
http://www.resmigazete.gov.tr/eskiler/2018/07/20180715.htm  and 
http://www.resmigazete.gov.tr/eskiler/2018/ 07/20180715 -1.pdf, last accessed on 7 March 2019.  
18 Published in the Official Gazette Number 25705 of 19 January 2005, 
http://www.hukukturk.com/en/official -gazette -of-tr?Sayi=25705&Tarih=19%2f01%2f2005  and 
http://www.resmigazete.gov.tr/eskiler/2005/01/20050119 -7.htm , last accessed on 18 July 2019, and in 
English https://titck.gov.tr/storage/legislation/QEv7VEBH.pdf , last accessed on 18 July 2019. For greater 
clarity, this Regulation puts in place and evidences the measures already identified and included in the reque st 
for consultations by the European Union in this dispute and explained below.  
19 Published in the Official Gazette Number 30195 of 29 September 2017, 
http://www.hukukturk.com/en/official -gazette -of-tr?Sayi=30195&Tarih=29%2f09%2f2017  and 
http://www.resmigazete.gov.tr/eskiler/2017/09/20170929 -11.htm , last accessed on 18 July 201 9. For greater 
clarity, this Notification puts in place and evidences the measures already identified and included in the request 
for consultations by the European Union in this dispute and explained below.  WT/DS583/3  
 
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  − "Protocol on the Procurement of Medicines from Pharmacies which are Members of the 
Turkish Pharmaci sts' Association by Persons Covered by the Social Security Institution " of 
2016 and amendments;20 
− "Circular 2015/19 " from the Prime Ministry of 23 December 2015 on the Health Industries 
Steering Committee;21 
− Public announcements  on localisation published on:  (i) March 2016,22 April 2016,23 
8 February 2017,24 16 February 2017,25 April 2017,26 January 201827 and May 201828 
informing that the imported medicines listed in the annex(es) to the announcement  would 
no longer be reimbursed;  
− Other instruments through which Turkey implements and administers the measures at issue, 
including presentations made by Government officials and letters or other documents 
making requests, communicating decisions or imparting instructions addressed by the 
Turkish authorities to in dividual companies exporting pharmaceutical products to Turkey 
(or importing pharmaceutical products in Turkey) ". 
This request also covers any annexes or schedules thereto, amendments, supplements, 
replacements, renewals, extensions, implementing measures or any other related measures.  
                                                
20 https://www.teb.org.tr/content/74/TEBLIGER  and http://teb.org.tr/versions_latest/457/protokol2016 , 
last accessed on 18 July 2019, and the 2017, 2018 and 2019 amendments, 
http://teb.org.tr/versions_latest/657/tebsgk -protokolu_20160401_ek -20170503 , 
https://www.teb.org.tr/versions_latest/856/tebsgk -protokolu_20160401_ek -20180416_y_20180401  and 
https://www.teb.org.tr/versions_lates t/1042/tebsgk -protokolu_20160401_ek -20190522_y_20190401 , last 
accessed on 18 July 2019. For greater clarity, this Protocol and its amendments put in place and evidence the 
measures already identified and included in the request for consultations by the Eur opean Union in this dispute 
and explained below.  
21 Published in the Official Gazette Number 29571 of 23 December 2015, 
http://www.hukukturk.com/en/official -gazette -of-tr?Sayi=29571&Tarih=23%2f12%2f2015  and 
http://www.resmigazete.gov.tr/eskiler/2015/12/20151223 -9.pdf, last accessed on 18 July 2019. For greater 
clarity, this Circular pu ts in place and evidences the measures already identified and included in the request for 
consultations by the European Union in this dispute and explained below.  
22 https://www.titck.gov.tr/duyuru/2521 , https://titck.gov.tr/storage/announcement/fzzD3Hwn.pdf  and 
https://www.titck.gov.tr/PortalAd min/Uploads/UnitPageAttachment/fzzD3Hwn.pdf , last accessed on 7 March 
2019.   
23 https://www.titck.gov.tr/Duyurular/DuyuruGetir?id=2593 , last accessed on 23 July 2018 . 
24 http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_ mudurlugu/anasayfa_duyurular/duyuru_08022017_00  and 
www.sgk.gov.tr/wps /wcm/connect/8fa7cb90 -6d4b-41ab-abe8-
05a5a7c6db3e/duyuru_08022017_00.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=8fa7cb90 -6d4b-41ab-
abe8-05a5a7c6db3e , last accessed on 7 March 2019.  
25 http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_mudurlugu/anasayfa_duyurular/duyuru_16022017 , 
http://www.sgk.gov.tr/wps/wcm/connect/731a3892 -8950-4d78-a75d-
7cef4d3c6811/duyuru__16022017.pdf?MOD=AJPE RES&CONVERT_TO=url&CACHEID=731a3892 -8950-4d78-
a75d-7cef4d3c6811  and http://w ww.sgk.gov.tr/wps/wcm/connect/e4fdaff9 -e53c-4a6f-babf-
457c16249f49/ek_25042017.xlsx?MOD=AJPERES&CONVERT_TO=url&CACHEID=e4fdaff9 -e53c-4a6f-babf-
457c16249f49 , last accessed on 7 March 2019.  
26 http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_mudurlugu/anasayfa_duyurular/duyuru_25042017  and 
http://www.sgk.gov.tr/wps/wcm/connect/22277d4b -1601-46a6-938e-
a8fb97c092c6/duyuru_25042017. pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=22277d4b -1601-46a6-
938e-a8fb97c092c6 , last accessed on 7 March 2019.  
27 http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_mudurlugu/anasayfa_duyurular/duyuru_19012018_04 , 
http://www.sgk.gov.tr/wps/wcm/connect/8c5a62b6 -2029-4e04-b6fa-
244b5a4edf2c/duyuru_19012018_04.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=8c5a62b6 -2029-4e04-
b6fa-244b5a4e df2c and http://www.sgk.gov.tr/wps/wcm/connect/3f6b1970 -6b26-4fdf-b31e-
6efa89fb4dd8/ek_19012018_04.xlsx?MOD=AJPERES&CONVERT_TO=url&CACHEID=3f6b1970 -6b26-4fdf-b31e-
6efa89fb4dd8 , last accessed on 7 March 2019.  
28 http://www.sgk.gov.tr/wps/portal/sgk/tr/kurumsal/merkez -
teskilati/ana_hizmet_birimleri/gss_genel_mudurlugu/anasayfa_duyurular/duyuru_16052018_02 , last accessed 
on 7 March 2019.  WT/DS583/3  
 
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  1. The localisation requirement  
1.1.  Identification of the specific measure at issue  
The Turkish authorities have adopted plans to achieve progressively the localisation in Turkey of the 
production of a substantial part of the pharm aceutical products consumed in Turkey. In order to 
achieve that objective, Turkey requires foreign producers to commit to localise in Turkey their 
production of certain pharmaceutical products. If such commitments are not given, are not accepted 
by Turkish  authorities, or are not fulfilled, the pharmaceutical products concerned are excluded from 
the scheme for the reimbursement of the pharmaceutical products sold by pharmacies to patients 
operated by Turkey 's social security system (the "reimbursement schem e"). That scheme covers the 
vast majority of sales of pharmaceutical products by pharmacies to patients. Consequently, if an 
imported pharmaceutical product is excluded from the reimbursement scheme, its competitive 
opportunities in the Turkish market are significantly impaired, as compared with domestically 
produced like products.  
In order to comply with the above described localisation requirement (the "localisation 
requirement "), certain producers of pharmaceutical products commit to localise their production of 
certain pharmaceutical products in Turkey. In those cases where foreign producers do not give the 
required commitments to localise (or where their offered commitments ar e rejected, or are 
considered not to be fulfilled, by the Turkish authorities), the pharmaceutical products concerned 
are no longer reimbursed. The localisation requirement is designed to apply on an ongoing basis, or 
at least until the localisation object ives established by the Turkish government are achieved. The 
localisation requirement is periodically adapted, modified, updated or extended with respect to, inter 
alia, the products it applies to and/or the extent of localisation sought.  
The specific comm itments to be implemented in order to comply with the localisation requirement 
are established for each foreign producer in a non -transparent manner and may differ from producer 
to producer.  
1.2.  Summary  of the legal basis of the complaint and reasons for this  panel request  
The European Union considers that the localisation requirement is inconsistent with Turkey 's 
obligations under the following provisions of the covered agreements:  
− Article III:4 of GATT 1994, because, by excluding imported pharmaceutical pro ducts for 
which localisation commitments have not been given, have not been accepted or have not 
been fulfilled from the reimbursement scheme, through the localisation requirement Turkey 
accords to imported pharmaceutical products treatment less favourable  than that accorded 
to like products of national origin covered by that scheme in respect of laws, regulations and 
requirements affecting their internal sale, offering for sale, purchase, transportation, 
distribution or use;  
− Article X:1 of GATT 1994, becau se Turkey has failed to publish certain elements, terms and 
conditions of general application of this measure promptly in such a manner as to enable 
governments and traders to become acquainted with them;  
− Article 2.1 of the TRIMs Agreement, because the lo calisation requirement is an investment 
measure related to trade in goods inconsistent with Article III:4 of GATT 1994; and  
− Article 3.1(b) of the SCM Agreement, because the reimbursement scheme operated by the 
Turkish social security system involves the gr anting of a subsidy within the meaning of 
Article  1.1 of the SCM Agreement. The localisation requirement makes the granting of that 
subsidy contingent upon the use of domestic over imported goods, thereby violating 
Article  3.1(b) of the SCM Agreement.  WT/DS583/3  
 
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  2. The import ban on localised products  
2.1.  Identification of the specific measure at issue  
Where the production of a pharmaceutical product has been localised in Turkey in accordance with 
the localisation requirement, applied in conjunction with the Turkish rules for approving the 
importation and marketing of pharmaceutical products, the importation of that pharmaceutical 
product is no longer permitted ( "the import ban on localised products ").   
2.2.  Summary  of the legal basis of the complaint and reasons for thi s panel request  
The European Union considers that the import ban on localised products is inconsistent with Turkey 's 
obligations under Article XI:1 of GATT 1994, because, once a foreign producer has localised 
production of a certain pharmaceutical product  pursuant to the localisation requirement, applied in 
conjunction with the Turkish rules for approving the importation and marketing of pharmaceutical 
products, that product can no longer be imported, and therefore Turkey institutes and maintains a 
prohibi tion or restriction, other than duties, taxes or other charges, on the importation of 
pharmaceutical products of the territory of other WTO Members.  
3. The prioritization measure  
3.1.  Identification of the specific measure at issue  
Lastly, even in certain cases where imported products are not excluded from the reimbursement 
scheme by virtue of the localisation requirement, Turkey gives priority to the review of applications 
for inclusi on of domestic pharmaceutical products in the list of products covered by the 
reimbursement scheme, as well as with respect to any pricing and licensing policies and processes, 
over the review of the applications of like imported products (the "prioritizat ion measure ").   
3.2.  Summary  of the legal basis of the complaint and reasons for this panel request  
The European Union considers that the prioritization measure is inconsistent with Turkey 's 
obligations under Article III:4 of GATT 1994, because, by according  priority to the review of 
applications for inclusion in the reimbursement scheme, as well as with respect to any other pricing 
and licensing policies and processes, of pharmaceutical products of national origin, through the 
prioritization measure Turkey a ccords to imported pharmaceutical products treatment less 
favourable than that accorded to like products of national origin.  
The various measures relating to pharmaceutical products identified in this request appear to nullify 
or impair the benefits accrui ng to the European Union directly or indirectly under the covered 
agreements.  
Accordingly, the European  Union respectfully requests that, pursuant to Articles 4 and 6 of the DSU, 
Article XXIII of GATT 1994, Article 8 of the TRIMs Agreement, and Article 4. 4 of the SCM Agreement , 
the Dispute Settlement Body establish a panel to examine this matter, with the standard terms of 
reference as set out in Article 7.1 of the DSU.  
 
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