WORLD TRADE  
ORGANIZATION   
WT/DS375/17 
11 July 2011 
 
 (11-3405) 
 Original:   English 
  
 
EUROPEAN COMMUNITIES AND ITS MEM BER STATES – TARIFF TREATMENT  
OF CERTAIN INFORMATION TECHNOLOGY PRODUCTS 
 
Understanding between the European Union
1 and the United States 
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 the United States to the Ch airperson of the Dispute Settlement Body, is 
circulated at the request of these delegations. 
 
_______________ 
 
  The European Union and the United States would like to inform the Dispute Settlement Body 
of the attached "Agreed Procedures under Articles 21 and 22 of the Dispute Settlement 
Understanding" between the European Union and th e United States with respect to the dispute EC and 
its Member States – Tariff Treatment of C ertain Information Technology Products  (WT/DS375).  
 
We request that you please circulate the attached  agreement to the Members of the Dispute 
Settlement Body.  
  
_______________ 
 
                                                      
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/DS375/17 
Page 2 
 
 
  EC and its Member States – Tariff Treatment of  Certain Information Technology Products 
(WT/DS375) 
 
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/DS375) on 21 September 2010. 
Pursuant to Article 21.3(b) of the Unders tanding on Rules and Procedures Governing the 
Settlement of Disputes ("DSU") the United States of America ("United States") and the European 
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/DS375/16). 
The United States and the EU ("the parties to the dispute") have agreed on the following 
procedures for the exclusive purposes of this dispute.  They are designed to facilitate the resolution of 
the dispute and reduce the scope for procedural di sputes and are without prejudice to either party’s 
views on the correct interpretation of the DSU: 
1. Should the United States consider that the situ ation described in Article 21.5 of the DSU 
exists, the United States will request that the EU enter into consultations with the United 
States.  The Parties agree to hold such consultati ons within 15 days from th e date of receipt of 
the request.  After this 15-day period h as elapsed, the United States 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 the U.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 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. The United States may request authorization to  suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU in the even t that the 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 the United States 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 arb itration in accordance with Article 22.6 of the 
DSU. 
7. If the United States requests authorization to  suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU, the EU sh all have the right to object under Article 22.6  WT/DS375/17 
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  of the DSU to the level of suspension of concessi ons or other 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 refe rred to arbitration 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 the United States 
 
    
H.E. Mr. Michael Punke 
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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