WORLD TRADE  
ORGANIZATION  WT/DS291/38 
17 January 2008 
 
 (08-0224) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE APPROVAL 
AND MARKETING OF BIOTECH PRODUCTS 
 
Understanding between the European Communities and the United States
 
Regarding Procedures under Articles 21 and 22 of the DSU  
 
  The following communication, dated 14 January  2008, from the delegation of the European 
Communities and the delegation of the United States to the Chairman of the Dispute Settlement Body, 
is circulated at the request of these delegations. 
 
_______________ 
 
  Please find attached the agreed procedur es between the European Communities and the 
United States under Article 21 and 22 of the Di spute Settlement Understanding in the dispute 
European Communities - Measures Affecting the Approval and Marketing of Biotech Products 
(WT/DS291). 
   
 
For the European Communities For the United States 
   
 
 
Eckart Guth 
Ambassador 
  
  
 
 
Peter F. Allgeier 
Ambassador 
 
 
    WT/DS291/38 
Page 2  
 
  Agreed Procedures between the Europ ean Communities and the United States 
 
under Articles 21 and 22 of the Dispute Settlement Understanding in the dispute  
European Communities  Measures Affecting the Approval and Marketing of Biotech Products 
(WT/DS291)  
 
The Dispute Settlement Body (DSB) adopted its  recommendations and rulings in the dispute 
European Communities - Measures Affecting the Approval and Marketing of Biotech Products 
(WT/DS291) between the United States and th e European Communities on 21 November 2006. 
 
Pursuant to Article 21.3(b) of the  Understanding on Rules and Procedures Governing the 
Settlement of Disputes (DSU), the European Communities and th e United States agreed on a one-year 
reasonable period of time (RPT) for implementati on of the DSB's recommendations and rulings 
(WT/DS291/35).  The European Communities and the United States subsequently agreed to extend 
the RPT so as to expire on 11 January 2008 (WT/DS291/36).   
During the RPT, the European Communities and the United States have engaged in 
discussions with the goal of resolving this dispute a nd related issues.  With the intent of allowing 
those discussions to continue, the European Comm unities and the United States have agreed on the 
following procedures for the exclusive purposes of  this dispute.  These procedures are without 
prejudice to either party's views on the correct interpretation of the DSU. 
 
1. Should the United States request authorizati on to suspend concessions or other obligations 
pursuant to DSU Article 22.2, the European  Communities shall object to the level of 
concessions or other obligations and/or claim that the principles and procedures set forth in DSU Article 22.3 have not been followed no la ter than before the DSB meeting at which the 
US request is proposed for the agenda.  The ma tter will be referred to arbitration pursuant to 
DSU Article 22.6. 
 2. After the referral of the matter to Article 22.6 arbitration, the parties will request the 
Article 22.6 arbitrator, at the earliest possible moment, to suspend its work.  The arbitration 
will resume if and when the cond ition in paragraph 6 is fulfilled. 
 
3. The United States may at any time request consu ltations with regard to whether the situation 
described in Article 21.5 of the DSU exists.  The parties will hold such consultations within 
30 days of the circulation of such a request.   
 4. The United States may request the establishmen t of a panel pursuant to Article 21.5 of the 
DSU at any time following 30 days after the circulation of the aforementioned consultation 
request.  The European Communities shall not ra ise any objection to the panel request being 
made after this time period.   
 5. At the first DSB meeting at which the Un ited States request for the establishment of an 
Article 21.5 panel appears on the agenda, the European Communities shall accept the 
establishment of that panel.  
 6. In the event that the DSB fi nds that a measure taken to comply with the recommendations and 
rulings of the DSB in this dispute does not exist or is inconsistent with a covered agreement, 
the Article 22.6 arbitrator will resume its wo rk at the request of the United States.  
 
7. The parties will cooperate to facilitate the pa rticipation of the original panelists in an 
Article 21.5 compliance proceeding and an Article 22.6 arbitration.   
  WT/DS291/38 
 Page 3 
 
 
  8. If an original panelist is not available for either an Article 21.5 compliance panel or an 
Article 22.6 arbitration, or both, the parties w ill promptly consult on a replacement, and either 
party may request the Director-General of the WTO to appoint, as soon as possible, a replacement for the proceeding or proceedings for which such a replacement is required.  If an original panelist is unavailable to serve in e ither proceeding, the parties will further request 
that in making this appointment, the Director-General seek a person who will also be 
available to act in both proceedings.   
 9. The parties will cooperate to enable the Artic le 21.5 compliance panel, the Appellate Body in 
the event of an appeal of the compliance panel report, and the Article 22.6 arbitrator to 
complete their work as expeditiously as possible.  
 10. The parties will continue to cooperate in a ll matters related to these agreed procedures and 
will not raise any procedural objection to any of the steps set out herein.  If, during the 
application of these procedures, the parties cons ider that a procedural aspect has not been 
properly addressed, they will endeavor to find a so lution within the shortest time possible that 
will not affect the other aspects and steps herein agreed.   
    
For the European Communities For the United States 
  
   
 
  Geneva, 14 January 2008  
__________