EUROPEAN COMMUNITIES – EXPORT SUBSIDIES ON SUGAR
Document: Procedural Agreement between Australia, Brazil, Thailand and the European Communities regarding the Time-Period under Article 16.4 of the DSU
Date: 3 December 2004
Document codes: WT/DS265/24; WT/DS266/24; WT/DS283/5
Complainant: Thailand
Respondent: EU
Third parties: Australia, Barbados, Belize, Brazil, Canada, China, Colombia, Cuba, Fiji, Guyana, India, Jamaica, Kenya, Madagascar, Malawi, Mauritius, New Zealand, Paraguay, Saint Kitts and Nevis, Eswatini, Tanzania, Trinidad and Tobago, U.S., Côte d’Ivoire
Dispute stage: Appellate Body
Agreements cited: Art. 3.3, 8, 9.1, 10.1  AgricultureArt. 3.1, 3.2  Subsidies and Countervailing Measures (SCM)

EUROPEAN COMMUNITIES – EXPORT SUBSIDIES ON SUGAR

Procedural Agreement between Australia,

Brazil, Thailand and the European Communities
regarding the Time-Period under Article 16.4 of the DSU

 The following communication, dated 2 December 2004, from the delegations of Australia,
Brazil, Thailand and the European Communities to th e Chairperson of the Dispute Settlement Body is
circulated at the request of those delegations.

 Australia, Brazil, Thailand and the European Communities request that a meeting of the
Dispute Settlement Body (DSB) be held on 13 D ecember 2004, as provided in Article 2.3 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), to consider the
following item: ": Procedural Agreement
between Australia, Brazil, Thailand and the Eur opean Communities regarding the time-period under
Article 16.4 of the DSU".

 We request the DSB to agree to postpone the consideration of the panel reports "" (WT/ DS265/R, and ) and to
the extension of the corresponding time-period in Article 16.4 of the DSU until 31 January 2005.

 Please find below the text of the procedural ag reement between the parties to the disputes.

 We would be grateful if you could circulate this document to WTO Members.

EC – EXPORT SUBSIDIES ON SUGAR
(WT/DS265, 266 and 283)

Procedural Agreement between Australia,
Brazil, Thailand and the European Communities
regarding the time-period under Article 16.4 of the DSU

1. In order to take account of the end of year period, and to avoid inconveniencing the appeal
procedure, the above parties agree that the 60 day time-period in Article 16.4 of the Understanding on
Rules and Procedures Governing the Settlement of Disputes (DSU) as applicable to the above
disputes will be extended to 31 Janua ry 2005, and that the agreement of the Dispute Settlement Body
(DSB) to this extension will be sought at a meeting of the DSB to be requested for
13 December 2004.

2. This extension is agreed on the understanding that the rights of the parties to the disputes with
respect to adoption or appeal of the panel reports are preserved, as if such adoption or appeal had been
requested within the 60 days specified in Article 16.4 of the DSU.

3. The European Communities (EC) will file its notice of appeal of the panel reports in these
disputes on 13 January 2005, provided the DSB agreement set out in paragraph 1 is obtained.

4. If for any reason the EC does not file its notice of appeal on 13 January 2005, the
complainants may, individually or jointly, requ est a DSB meeting for adoption of the panel reports
within the extended 60 day period.

5. The parties also agree that the complainan ts will request a second meeting of the DSB for
14 December 2004 for the adoption of the panel reports within the original 60 day period should this
prove necessary, but that this request will be withdrawn should the DSB agreement set out in
paragraph 1 above be obtained.

Signed:

H.E. Mr David Spencer H.E. Mr Luiz Felipe de Seixas Correa
Ambassador Ambassador
Permanent Representative of Australia Permanent Representative of Brazil

H.E. Mrs Puangrat Asavapisit H.E. Mr Carlo Trojan
Ambassador Ambassador
Permanent Representative of Thailand Permanent Representative of the EC