WORLD TRADE  
ORGANIZATION   
WT/DS376/17 
11 July 2011 
 (11-3406) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES AND ITS MEM BER STATES – TARIFF TREATMENT  
OF CERTAIN INFORMATION TECHNOLOGY PRODUCTS 
 
Understanding between the European Union
1 and Japan 
Regarding Procedures under Articles 21 and 22 of the DSU 
   The following communication, dated 6 July 2011, from the delegation of the European Union and the delegation of Japan to the Chairperson of th e Dispute Settlement Body, is circulated at the 
request of these delegations. 
 
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  Attached please find the agreed procedures be tween the European Union and Japan under 
Articles 21 and 22 of the Dis pute Settlement Understanding in EC and its Member States – Tariff 
Treatment of Certain Information Technology Products  (WT/DS376). 
  We kindly request that you circulate this communication to the Members of the DSB.  
_______________ 
 
 
                                                      
1 On 1 December 2009, the Treaty of Lisbon amendi ng the Treaty on Europe an Union and the Treaty 
establishing the European Community (done at Lisbon , 13 December 2007) entere d into force.  On 29 
November 2009, the WTO received a Verbal Note (WT/L/7 79) from the Council of th e European Union and the 
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December 
2009, the European Union replaces and  succeeds the European Community. WT/DS376/17 
Page 2  
 
   
EC and its Member States – Tariff Treatment of  Certain Information Technology Products 
(WT/DS376) 
 
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 EC and its Member States – Tariff Treatment of Certain Information Technology Products  
(WT/DS376) on 21 September 2010. 
Pursuant to Article 21.3(b) of the Unders tanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU") Japan and the Eur opean Union ("EU") agreed that the reasonable 
period of time to implement the DSB recommendations  and rulings would be nine (9) months and 
nine (9) days, expiring on 30 June 2011 (WT/DS376/16). 
Japan and the EU ("the parties to the disput e") have agreed on the following procedures for 
the exclusive purposes of this dispute.  They are d esigned to facilitate the resolution of the dispute and 
reduce the scope for procedural disputes and are without prejudice to either party’s views on the 
correct interpretation of the DSU: 
1. Should Japan consider that the situation describ ed in Article 21.5 of the DSU exists, Japan 
will request that the EU enter into consultations  with Japan.  The Parties agree to hold such 
consultations within 15 days from the date of r eceipt of the request.  After this 15-day period 
has elapsed, Japan 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 Japan’s requ est 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 to the dispute shall cooperate to enab le 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 to the dispute 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 21.5 panel report, the parties to the dispute shall 
cooperate to enable the Appellate Body to circ ulate its report to the Members within 90 days 
from the date of notification of the appeal to th e DSB.  Further, either party to the dispute 
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. Japan may request authorization to suspend concessions or other obligations pursuant to 
Article 22.2 of the DSU in the event that th e DSB 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.  The EU shall not assert that Japan is precluded from obtaining such 
DSB authorization because its request was made outside the time period specified in the first 
sentence of Article 22.6 of the DSU.  This is without prejudice to the EU’s right to have the matter referred to arbitration in accord ance with Article 22.6 of the DSU.  
7. If Japan requests authorization to suspend c oncessions 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  WT/DS376/17 
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  to the level of suspension of concessions or othe r obligations and/or claim that the principles 
and procedures set forth in Article 22.3 of the DSU have not been followed.  In the event of such objection, the matter will be referred to ar bitration pursuant to Article 22.6 of the DSU.   
8. The parties to the dispute will cooperate to enab le 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 panelists is not availabl e for either the Article 21.5 compliance panel or 
the Article 22.6 arbitration (or both), or an y person serving in such proceeding becomes 
unavailable to serve, the parties to the dispute  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 proceed ing or proceedings in which a replacement is 
required.  If an original panelist is unavailable to serve in either of the proceedings, or a 
person serving in such proceeding becomes unavailabl e to serve, the parties to the dispute will 
further request that, in making this appointmen t, the Director-General seek a person who will 
be available to act in both proceedings.  
10. The parties to this dispute  will continue to cooperate in a ll matters related to these agreed 
procedures  and agree not to raise any procedural objec tion to any of the steps set out herein.  
If, during the application of these procedures, the parties to the dispute consider that a 
procedural aspect has not been properly addressed in these procedures, they will endeavor to 
find a solution within the shortest time possible that will not affect the other aspects and steps 
agreed herein.  
 
Signed in Geneva, 6 July 2011   
For Japan 
 
 
H.E. Mr. Yoichi Otabe 
Ambassador 
Permanent Representative to the WTO For the European Union 
 
 
H.E. Mr. Angelos Pangratis 
Ambassador 
Permanent Representative to the WTO 
 
 
 
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