. /.  WORLD TRADE  
ORGANIZATION   
WT/DS395/12 
12 September 2011  
 
(11-4371) 
 Original:   English 
  
 
CHINA – MEASURES RELATED TO THE EXPORTATION 
OF VARIOUS RAW MATERIALS 
 
Notification of an Other Appeal by the European Union 
under Article 16.4 and Article 17 of the Understanding on Rules 
and Procedures Governing the Settlement of Disputes (DSU),  
and under Rule 23(1) of the Working Procedures for Appellate Review  
 
  The following notification, dated 6 Se ptember 2011, from the Delegation of the 
European Union, is being circulated to Members. 
 
_______________ 
 
  Pursuant to Article 16.4 and Article 17 of the DSU, the European Union hereby notifies to the 
Dispute Settlement Body its decision to appeal to th e Appellate Body certain issues of law covered in 
the Report of the Panel and certain legal interpreta tions developed by the Panel in its Report in the 
dispute China – Measures relating to the ex portation of various Raw Materials  (WT/DS395/R). 
Pursuant to Rule 23(1) of the Working Procedures for Appellate Review , the European Union 
simultaneously files this Notice of Other App eal with the Appellate Body Secretariat. 
 
 For the reasons to be further elaborated in  its submissions to the Appellate Body, the 
European Union appeals, and requests the Appellate  Body to reverse and/or modify the findings, 
conclusions and recommendations of the Panel, with  respect to the following errors of law and legal 
interpretations containe d in the Panel Report.
1 
 I. T
HE EUROPEAN UNION NEVER REQUESTED THE PANEL "NOT TO MAKE FINDINGS OR 
RECOMMENDATIONS ON THE LEGAL INSTRUMENTS TAKING EFFECT ON 1 JANUARY 
2010".   THE EUROPEAN UNION NEVER "NARROWED THE PANEL 'S TERMS OF 
REFERENCE DURING THE COURSE OF THE PROCEEDINGS ". 
 
(a) In paragraph 7.21 of its Report, the Pane l found that the European Union requested 
the Panel not to make findings or reco mmendations on the legal instruments taking 
effect on 1 January 2010.  In paragraph 7. 22 of its Report, the Panel found that the 
European Union narrowed the Panel's terms of reference during the course of the proceedings.  The Panel makes reference to these erroneous findings in various other 
paragraphs of its Report,  such as paragraph 7.24. 
 
                                                      
1Pursuant to Rule 23(2)(c)(ii)(C) of the Working Procedures for Appellate Review  this Notice of Other 
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice to the ability of the European Union to refer to other paragraphs of the Panel Report in the context of 
its appeal. WT/DS395/12 
Page 2  
 
  (b) In reaching these erroneous legal interp retations and findings, the Panel acted 
inconsistently with its obligations unde r Articles 7.1, 11 and 19.1 of the DSU. 
 
(c) The European Union appeals these erroneous Panel legal interpretations and findings 
and requests the Appellate Body to reverse them.  The European Union also requests 
the Appellate Body to complete the analysis  and find that the relevant measures are 
inconsistent with China's obligations  under the covered agreements and to 
recommend that China brings its measures in to compliance with its WTO obligations. 
  
__________