WT/DS434/12, WT/DS435/17  
WT/DS441/16, WT/DS458/15  
WT/DS467/16  
28 April 2014  
(14-2591)  Page: 1/2  
  Original: English  
 
 AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS 
AND OTHER PLAIN PACKAGING REQUIREMENTS APPLICABLE TO  
TOBACCO PRODUCTS AND PACKAGING 
(WT/DS434) 
 
AUSTRALIA – CERTAIN MEASURES CONCERNING TRADEMARKS,  
GEOGRAPHICAL INDICATIONS AND OTHER PLAIN PACKAGING REQUIREMENTS 
APPLICABLE TO TOBACCO PRODUCTS AND PACKAGING 
(WT/DS435, WT/DS441, WT/DS458, WT/DS467) 
 
PROCEDURAL AGREEMENT BETWEEN AUSTRALIA AND 
UKRAINE, HONDURAS, THE DOMINICA N REPUBLIC, CUBA AND INDONESIA 
The following communication, dated 24 April 2014, addressed to the Chairperson of the Dispute 
Settlement Body, is circulated at the request of Australia on behalf of all the signatories to this 
procedural agreement.  
 
_______________ 
  
Panels have been established at the requests of Ukraine (DS434), Honduras (DS435) and 
Indonesia (DS467) to examine their respective complaints concerning Australia's plain packaging requirements applicable to tobacco products and packaging (the "tobacco plain packaging 
measure"). Dominican Republic (DS441) and Cuba (DS458) have each requested the 
establishment of dispute settlement panels to consider their respective complaints concerning the same matter. Those requests will be considered at the WTO Dispute Settlement Body meeting on 
25 April 2014. In relation to the tobacco plain pa ckaging disputes, Australia, Ukraine, Honduras, 
Dominican Republic, Cuba and Indonesia (hereafter referred to as "the parties") have reached the following agreement:  
Arrangements for the establishment of related Panels: 
 Dominican Republic (DS441) and Cuba (DS458) w ill proceed with their panel requests at the 
25 April 2014 Dispute Settlement Body meeting and Au stralia will agree to the establishment of 
those panels at that meeting. At that point, five panels will have been established to examine complaints related to the same matter (the tobacco plain packaging measure) within the meaning 
of Article 9.3 of the Understanding on Rules and Procedures Governing the Settlement of Disputes  
(DSU).  Arrangements for the composition of the Panels: 
 
Pursuant to Article 8.7 of the DSU, on 24 March 2014, Ukraine requested the Director-General to 
determine the composition of the panel in DS434. On 26 March 2014, Australia requested the 
Director-General to determine the composition of the panel in DS435. 
 On 23 April 2014, Australia requested the Director-General to determine the composition of the 
panel in DS467. On 25 April 2014, Australia will request the Director-General to determine the 
composition of the panels in DS441 and DS458.  WT/DS434/12 • WT/DS435/17 • WT/DS441/16 • WT/DS458/15 • WT/DS467/16 
 
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  The parties have agreed that a meeting with the Director-General on panel composition will take 
place on 24 April 2014. In order to ensure that the views of all parties are taken into consideration by the Director-General for the selection of pane lists, the Director-General has been requested to 
allow the full participation of all the parties in the meeting with him on 24 April 2014, irrespective 
of the stage of the respective disputes. 
 The Director-General will compose the pane ls in DS434, DS435, DS 441, DS458 and DS467 on 
5 May 2014, and the same panelists will be appointed in all these disputes, pursuant to Article 9.3 
of the DSU.  The parties agree that following the compositio n of the Panels by the Director-General on 
5 May 2014, all the requirements of Article 8 of the DSU will have been met. 
 Without prejudice to their respective rights under  the DSU, the parties agree to the harmonisation 
of the timetable for the panel proceedings in DS434, DS435, DS441, DS458, DS467, pursuant to 
Article 9.3 of the DSU. The parties will undertake  best endeavours to agree on a timetable to 
propose to the Panels.  
 
Miscellaneous:  The parties agree to continue to co-operate in all matters related to this agreement and not to 
raise any procedural objections to any of the st eps set out in this agreement. If during the 
application of this agreement the parties consider that a procedural aspect has not been properly 
covered by this agreement, they will endeavour to find a solution within the shortest time possible 
that will not affect the other aspects and agreed steps contained in this agreement. 
  
 
 
Hamish McCormick 
Ambassador 
Permanent Mission of Australia 
 Yurii Klymenko 
Ambassador 
Permanent Mission of Ukraine 
  
 
Dacio Castillo 
Ambassador 
Permanent Mission of Honduras 
 Luis Manuel Piantini Munnigh 
Ambassador 
Permanent Mission of Dominican Republic 
   
Anayansi Rodriguez Camejo 
Ambassador 
Permanent Mission of Cuba 
 Syafri Adnan Baharuddin 
Ambassador 
Permanent Mission of Indonesia 
 
 
 
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