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ANNEX C 
 
WORKING PROCEDURES OF THE PANEL  
  
Contents Page 
Annex C United States — Measures Affecting Trade in Large Civil Aircraft 
— Second Complaint , (WT/DS353), Working Procedures of the 
Panel, 13 September 2007 C-2 
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ANNEX C 
 
UNITED STATES — MEASURES AFFECTING TRADE IN  
LARGE CIVIL AIRCRAFT — SECOND COMPLAINT –  
WORKING PROCEDURES FOR THE PANEL 
 
(revised 13 September 2007) 
 
 
1. In its proceedings the Panel shall follow the relevant provisions of the Dispute Settlement 
Understanding (DSU).  In addition, the following working procedures shall apply. 
2. The Panel shall conduct its internal  deliberations in closed session.  The parties to the dispute, 
and interested third parties, shall be present at m eetings only when invited by the Panel to appear 
before it.  The Panel may open its meetings with  the parties to the public, subject to appropriate 
procedures to be adopted by the Panel after consulti ng with the parties.  The Panel may open the third 
party session of its first substantive meeting to th e public, subject to appropriate procedures to be 
adopted by the Panel after consulting with the parties and third parties. 
3. The deliberations of the Panel and the documents  submitted to it shall be kept confidential. 
Nothing in the DSU shall preclude a party to a dis pute from disclosing statements of its own positions 
to the public.  Members shall treat as confidentia l information submitted by another Member to the 
Panel which that Member has designated as confid ential. Where a party to a dispute submits a 
confidential version of its written submissions to th e Panel, it shall also, upon request of a Member, 
provide a non-confidential summary of the informa tion contained in its subm issions that could be 
disclosed to the public. 
4. The Panel may adopt special procedures for the pr otection of certain confidential information 
as an annex to these working procedures, following c onsultation with and opportunity for comment by 
the parties on any proposed procedures.   
5. Before the first substantive meeting of the Pane l with the parties, the parties to the dispute 
shall transmit to the Panel written submissions in  which they present the facts of the case, their 
arguments and their counter-arguments, respectively.  
6. At its first substantive meeting with the parties, the Panel shall ask the European 
Communities to present its case. Subsequently, and at  the same meeting, the United States will be 
asked to present its point of view. The parties will then be allowed an opportunity for final statements, 
with the European Communities prese nting its statement first. Third parties will be asked to present 
their views thereafter at the separate session of th e same meeting set aside for that purpose. Upon 
request, the parties will be allowed an opportunity  to make written comments on the views presented 
by the third parties at this separate session.    
7. All third parties which have notified their interest in the dispute to the Dispute Settlement Body 
shall be invited in writing to present their views duri ng a session of the substantive meeting of the Panel 
set aside for that purpose. All such third parties ma y be present during the entirety of this session. 
8. Formal rebuttals shall be made at a second substantive meeting of the Panel. The United 
States shall have the right to take the floor first,  to be followed by the Eu ropean Communities.  The 
parties shall submit, prior to that meeting, written rebuttals to the Panel. 
9. The Panel may at any time put questions to the parties and to the third parties and ask them 
for explanations either in the course of the substa ntive meeting or in writing.  Answers to questions  WT/DS353/R 
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shall be submitted in writing by the date(s) specified by the Panel.  Answers to questions after the first 
meeting shall be submitted in writing at the sa me time as the written rebuttals, unless the Panel 
specifies a different deadline. 
10. The parties to the dispute and any third party i nvited to present its views shall make available 
to the Panel and the other party or parties a written ve rsion of their oral statements, preferably at the 
end of the meeting, and in any event not later than  the day following the meeting.  Parties and third 
parties are encouraged to provide the Panel and ot her participants in the meeting with a provisional 
written version of their oral statements at the time the oral statement is presented. 
11. In the interest of full transparency, the presentati ons, rebuttals and statements shall be made in 
the presence of the parties.  Moreover, each party's written submissions, including responses to 
questions put by the Panel, shall be made available to the other party.  
12. The parties should provide the Secretariat w ith an executive summary  of the claims and 
arguments contained in their written submissions and oral presentations.  These executive summaries 
will be used by the Secretariat onl y for the purpose of assisting the Secretariat in drafting a concise 
arguments section of the Panel report so as to facilita te timely translation and circulation of the Panel 
report to the Members.  They shall not serve in any way as a substitute for the submissions of the 
parties.  The summaries of the first written s ubmission and rebuttal written submission shall be 
limited to twenty (20) pages each, and the summaries of the oral statements at the meetings will be 
limited to five (5) pages each.  The Panel may vary  these page limits.  Third parties are requested to 
provide the Panel with executive summaries of thei r written submissions and oral presentations, of no 
more than five (5) pages each. The executive summaries shall be su bmitted to the Secretariat within 
ten days of the original submissi on or presentation concerned.  Paragr aph 18 shall apply to the service 
of executive summaries.  
13. A party shall submit any request for preliminary ruling not later than its first submission to 
the Panel.  If the complaining party requests such a ruling, the respondent shall submit its response to 
the request in its first submission.   If the respondent requests such a  ruling, the complaining party 
shall submit its response to the request prior to the fi rst substantive meeting of the Panel, at a time to 
be determined by the Panel in light of the request .  Exceptions to this procedure will be granted upon 
a showing of good cause. 
14. Each party shall submit all factual evidence to  the Panel no later than during the first 
substantive meeting, except with respect to evidence necessary for pur poses of rebuttals or answers to 
questions.  Exceptions to this procedure will be  granted upon a showing of good cause. The other 
party shall be accorded a period of time for co mment, as appropriate, on any new factual evidence 
submitted after the first substantive meeting.  
15. The parties to the dispute have the right to determine the composition of their own 
delegations. The parties shall have the responsibilit y for all members of their delegations and shall 
ensure that all members of the delegation act in accordance with the rules of the DSU and the 
Working Procedures of this Panel, particularly in regard to confidentiality of the proceedings. The 
parties as well as third parties shall provide a list of their delegation before each meeting to the 
Secretary to the Panel, Mr. Hiromi Yano (e-mail: hiromi.yano@wto.org ).   
16. To facilitate the maintenance of the record of  the dispute, and to maximize the clarity of 
submissions, in particular the refe rences to exhibits submitted by pa rties, parties shall sequentially 
number their exhibits throughout the course of the di spute.  For example, exhibits submitted by the 
European Communities could be numbered EC-1, EC-2, et c.  If the last exhibit in connection with the 
first submission was numbered EC-5, the first exhibit of its next submission thus would be numbered 
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17. Following issuance of the interim report, the par ties shall have the time, as established by the 
timetable of the Panel, to submit written requests to re view precise aspects of the interim report and to 
request a further meeting with the Panel.  The right  to request such a meeting must be exercised no 
later than at that time.  Following receipt of any wr itten requests for review, if no further meeting with 
the Panel is requested, the parties shall have the opportunity, within a time-period specified by the 
Panel, to submit written comments on the other part y's written requests for review.  Such comments 
shall be strictly limited to responding to th e other party's written request for review.   
18. The following procedures regarding service of documents shall apply: 
a. Each party and third party shall serve all of its written submissions (including 
any separate requests for preliminary ruling and responses thereto), executive 
summaries and written versions of oral st atements, directly on all other parties, 
and on third parties as appropriate, and conf irm that it has done so at the time it 
provides those submissions to the Secretariat. 
 b. The parties and third parties should prov ide their submissions to the Secretariat 
by 5:30 p.m. on the deadlines establishe d by the Panel, unless a different time 
is set by the Panel. 
 
c. Unless the Panel indicate s otherwise, the parties and third parties shall provide 
the Secretariat with ten paper copies of each of their written submissions.  These copies shall be filed with the Dispute Settlement Registrar, Mr. 
Ferdinand Ferranco (office 2150). 
 d. The parties and third parties shall provi de electronic copies of all submissions 
to the Secretariat at the time they prov ide their submissions, if possible in a 
format compatible with that used by the Secretariat.  If the electronic version is 
provided by e-mail, it shall be addresse d to DSRegistry@wto.org, and copied 
to XXXXX@wto.org,, XXXXX@ wto.org, XXXXX@wto.org, 
XXXXX@wto.org and XXXXX@wto.org. If the electronic version is provided by diskette or CD , four copies shall be de livered to Mr. Ferdinand 
Ferranco (office 2150). 
 
e. The Panel will endeavour to provide th e parties with an electronic version of 
the descriptive part, the interim report a nd the final report, as well as of other 
documents as appropriate.  When the Pa nel transmits to the parties or third 
parties both paper and el ectronic versions of a document, the paper version 
shall constitute the official version for th e purposes of the record of the dispute. 
 
   
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