RESTRICTED  
  
WT/DSB/M/4 80 
20 July 2023 
(23-4474) Page: 1/2 
Dispute Settlement Body  
15 June 2023  
 
  
MINUTES OF MEETING  
HELD IN THE CENTRE WILLIAM RAPPARD  
ON 15 JUNE 20231 
Chairman: H.E.  Mr Petter ØLBERG (Norway)  
Prior to the adoption of the Agenda : the Chairman welcomed all delegations participating in the 
present meeting of the DSB both in -person and remotely. He remind ed delegations that  the technical 
instructions for the remote participation remained the same as was the case at the previous 
meetings . 
 
The DSB  took note  of the statement and adopted  the Agenda.  
 
1  INDIA – TARIFF TREATMENT ON CERTAIN GOODS IN THE INFORMATION AND 
COMMUNICATIONS TECHNOLOGY SECTOR  
A. Joint request by the European Union and India for a decision by the DSB 
(WT/DS582/14)  
1.1.  The Chairman drew attention to the joint communication from the European Union and India 
contained in document WT/DS 582/14 and invited the representative of the European Union  to speak.  
1.2.  The representative of  the European Union  said that India and the EU had decided to  continue 
their efforts to reach a possible amicable solution in this case. In order to support th ose efforts, the 
EU and India had jointly request ed at the present meeting that the Dispute Settlement Body provide 
additional time for the adoption or appeal  of the panel report in this dispute by adopting the draft 
decision of the DSB circulated to Members on 5 June 2023 in document WT/DS582/14. The DSB 
through the operative language in the draft decision would agree to consider the panel report, if 
proposed by a party for adoption in the future, under the negative consensus decision rule, unless 
either party were to appeal the panel report first. The EU and India would  use this additional time 
to engage in constructive discussions in order to hopefully reach a commonly acceptable solution in 
this case.  
1.3.  The representative of  India said that India thank ed the delegation of the European Union for 
their statement. As previously mentioned, the EU and India  had jointly requested that the DSB agree 
to provide additional time for the adoption or appeal of the Panel Report in this dispute, by adopting 
the draft decision circulated to Members in WT/DS582/14. The extension ha d been agreed between 
the Parties on the u nderstanding that the rights of the parties to the dispute with respect to the 
adoption or appeal of the panel report were preserved, as if such an adoption or appeal had been 
requested within the 60 days specified in Article 16.4 of the DSU. India welcomed the engagement 
on this issue on finding a way forward. This draft decision would facilitate the continued engagement 
and possible resolution of t his issue, and India would appreciate the support of the DSB for the 
proposed draft decision.  
1.4.  The representative of the United States  said that the United States welcomed the efforts of the 
European Union and India to continue their engagement in this disp ute. The United States supported 
efforts to continue dialogue with the aim of achieving a mutually agreed solution. The United States 
 
1 The proceedings of this meeting were held in a hybrid format.  WT/DSB/M/4 80  
 
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  took note of the draft decision circulated in document WT/DS582/14. The United States understood 
that the parties sought t o preserve their existing rights with respect to the panel report under the 
DSU to enable time for further consultation. The DSB through the operative language in the draft 
decision would agree to consider the panel report, if proposed by a party for adopt ion in the future, 
under the negative consensus decision rule, unless either party were to appeal the panel report first. 
On that basis, the United States could support the parties' efforts and joined a consensus to adopt 
the draft decision . 
1.5.  The representa tive of  Japan  said that Japan consider ed that the panel in DS582 ha d reached 
an appropriate conclusion with objective and reasonable findings, as was the case for the DS584  
dispute . Having said that, Japan  appreciate d the effort s in seeking a mutually agre ed solution. Japan 
looked forward to the development of bilateral discussions between the EU and India.   
1.6.  The DSB took note  of the statements.  
1.7.  The Chairman  propose d that: "The DSB agree that, upon a request by the European Union  or 
India, the DSB shall no later than 19 September 2023 adopt the Report of the Panel in the dispute : 
India – Tariff Treatment on Certain Goods in the Information and Communications Technology 
Sector , contained in document WT/DS5 82/R unless  (i) the DSB decide s by consensus not to do so 
or (ii) either party to the dispute notifi es the DSB of its decision to appeal pursuant to Article 16.4 
of the DSU . Any such adoption or appeal of the panel report will be deemed to have occurred within 
the 60 -day time -period specifi ed in Article 16.4 of the DSU ". 
1.8.  The DSB  so agreed . 
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