WT/DS473/18  
 
14 August 2017  
(17-4356) Page: 1/3 
  Original: English  
 
EUROPEAN UNION – ANTI -DUMPING MEASURES ON BIODIESEL  
FROM ARGENTINA  
COMMUNICATION CONCERNING  ARTICLE  21.3(B)  
UNDERSTANDING BETWEEN ARGENTINA AN D THE EUROPEAN UNION  REGARDING  
PROCEDURES UNDER ART ICLES 21 AND 22 OF T HE DSU  
The following communication, dated 9 August 2017, from the delegation of Argentina and the 
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated 
at the request of these delegations.   
 
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The European Union  and Argentina would like t o inform the Dispute Settlement Body  of the 
attached "Agreed Modification to the Reasonable Period of Time and Agreed Procedures under 
Articles 21 and 22 of the Dispute Settlement Understanding " between the European Union and 
Argentina with respect to the dispute European Union — Anti-Dumping Measures on Biodiesel from 
Argentina  (DS473) . 
 
We reque st that you please circulate the attached agreement to the Members of the 
Dispute Settlement Body.   
  WT/DS473/18  
 
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  Agreed Modification to the Reasonable Period of Time and Agreed Procedures under 
Articles 21 and 22 of the Dispute Settlement Understanding  
The Dispute Settlement Body ( "DSB") adopted its recommendations and rulings in the dispute 
European Union — Anti-Dumping Me asures on Biodiesel from Argentina (DS473)  on 
26 October  2016. 
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes ( "DSU"), Argentina and the European Union ( "EU") originally agreed that 
the reasona ble period of time ("RPT") to implement the DSB recommendations and rulings would 
be 9 months and 15 days, expiring on 10 August 2017 (WT/DS473/16).  With this notification, 
Argentina and the EU inform the DSB that they have mutually agreed to modify the RP T to expire 
on 28 September 2017.  
In order to facilitate a satisfactory solution to the dispute, Argentina and the EU ( collectively, "the 
parties ") have agreed on the following procedures for the exclusive purposes of this dispute. They 
are designed to red uce the scope for procedural disputes and are without prejudice to either 
party 's views on the correct interpretation of the DSU:  
1. Should Argentina  consider that the situation described in Article 21.5 of the DSU exists  at 
the end of the RPT  on 28 September 2017 , Argentina  may request consultations with the 
EU. The Parties agree to hold such consultations within 20 days from the date of receipt of 
the request. After this 20-day period has elapsed, Argentina  may request the 
establishment of a panel pursuant to Article 21.5 of the DSU at any time.  
2. At the first DSB meeting at which Argentina' s request for the establishment of an 
Article  21.5 panel appears on the agenda, the EU  shall accept the establishment  of that 
panel.  
3. The parties shall cooperate to enable the Article 21.5 panel to  circulate its report within 
90 days of the panel 's establishment, excluding such time during which the panel 's work 
may be suspended pursuant to Article 12.12 of the DSU.  
4. Either party may request the DSB to adopt the report of the Article 21.5 panel at a 
DSB meeting held at least 20 days after the circulation of the report to the Members 
unless either party appeals the report.  
5. In the event of an appeal of the Article 2 1.5 panel report, the parties shall cooperate to 
enable the Appellate Body to circulate its report to the Members within 90 days from the 
date of notification of the appeal to the DSB. Further, either party may request the DSB to 
adopt its recommendations and rulings at a DSB meeting held within 30 days of the 
circulation of the Appellate Body report to the Members.  
6. Argentina  may request authorization to suspend concessions or other obligations pursuant 
to Article 22.2 of the DSU in the event that the DS B rules as a result of a proceeding under 
Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent 
with a covered agreement. Argentina  may also request authorization to suspend 
concessions or  other obligations pursuant to Ar ticle 22.2 if the  situation described in 
Article  21.5 of the DSU  does not exist, including when in the course of ongoing 
proceedings under Article 21.5 of the DSU it becomes apparent that neither party disputes 
the inexistence or inconsistency with the cov ered agreements of measures taken to comply 
with the DSB recommendations and rulings.  The EU  shall not assert that Argentina  is 
precluded from obtaining such DSB authorization because its request was made outside 
the time period specified in the first sent ence of Article 22.6 of the DSU. This is without 
prejudice to the EU' s right to have the matter referred to arbitration in accordance with 
Article 22.6 of the DSU.  
7. If Argentina  requests authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU, the EU  shall have the right to object under Article 22.6 of the DSU 
to the level of suspension of concessions or other obligations and/or claim that the 
principles and procedures set forth in Article 22.3 of the DSU have not bee n followed. In WT/DS473/18  
 
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  the event of such objection, the matter will be referred to arbitration pursuant to 
Article  22.6 of the DSU.  
8. The parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to 
circulate its decision within 60 days of the  referral to arbitration.  
9. If any of the original panellists is not available for either the Article 21.5 compliance panel 
or the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes 
unavailable to serve, the parties will  promptly consult on a replacement, and either party 
may request the Director  General of the WTO to appoint, within ten days of being so 
requested, a replacement for the proceeding or proceedings in which a replacement is 
required. If an original panellist  is unavailable to serve in either of the proceedings, or a 
person serving in such proceeding becomes unavailable to serve, the parties will further 
request that, in making this appointment, the Director  General seek a person who will be 
available to act i n both proceedings.  
10. The parties will continue to cooperate in all matters related to these agreed procedures  
and agree not to raise any procedural objection to any of the steps set out herein. If, 
during the application of these procedures, the parties  consider that a procedural aspect 
has not been properly addressed in these procedures, they will endeavour to find a 
solution within the shortest time possible that will not affect the other a spects and steps 
agreed herein.  
 
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