dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Request to Join Consultations Communication from Brazil
Date: 11 October 2004
Document codes: WT/DS315/4; WT/DS315/1; G/L/694
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Request to Join Consultations

Communication from Brazil

 The following communication, dated 6 Octobe r 2004, from the delegation of Brazil to the
delegation of the European Communities, the delega tion of the United States and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 With reference to the request by the United St ates for consultations with the EC concerning
 (, , circulated on
27 September 2004), I hereby wish to convey the requ est of the Government of Brazil, pursuant to
Article 4.11 of the DSU, to join in these consultations.

 Brazil has both a substantial trade interest and a systemic interest in the issues under
consultation. The European Communities is Brazil's major trading partner and the proper
interpretation of WTO disciplines as related to the ad ministration by the EC of its customs legislation
is of utmost importance for Brazil.

 Brazil would appreciate being informed of the date and venue of consultations.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Request to Join Consultations Communication from Argentina
Date: 11 October 2004
Document codes: WT/DS315/5; WT/DS315/1-G/L/694; G/L/694
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Request to Join Consultations

Communication from Argentina

 The following communication, dated 7 October 2004, from the delegation of Argentina to the
delegation of the European Communities, the delega tion of the United States and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I hereby refer to the request made by the United States in document of
27 September 2004 for consultations with the European Communities concerning:

(a) The non-uniform administration by the European Communities of laws,
regulations, judicial decisions and administrative rulings of the kind
described in Article X:1 of the GATT 1994 pertaining to the classification
and valuation of products for cust oms purposes and to requirements,
restrictions or prohibitions on imports, and

(b) the failure of the European Communiti es to institute judicial, arbitral or
administrative tribunals or procedures for the purpose, inter alia , of the
prompt review and correction of admi nistrative action relating to customs
matters.

 In view of its substantial trade interest, Arge ntina requests to be joined in the aforementioned
consultations, pursuant to the procedures establishe d in Article 4.11 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU).

 The above request is based on the fact that pr ivate sector exporters in Argentina have stated
that in their trade relations with the European Communities, they have encountered similar problems
to those mentioned by the United States in its request for consultations.

 This circumstance is made all the more signifi cant by the fact that the European Communities
is one of Argentina's main trading partners.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Request to Join Consultations Communication from the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Date: 12 October 2004
Document codes: WT/DS315/6
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Request to Join Consultations

Communication from the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu

 The following communication, dated 7 Octobe r 2004, from the delegation of the Separate
Customs Territory of Taiwan, Penghu, Kinmen a nd Matsu to the delegation of the European
Communities, the delegation of the United States and to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of the Separate Customs Territory of Taiwan, Penghu,
Kinmen and Matsu hereby notifies the consulting pa rties and the Dispute Settlement Body that it
wishes to join in the consultations requested by the United States regarding selected customs matters
of the European Communities. The United States' request for consultations, pursuant to Articles 1
and 4 of the DSU, and Article XXII:1 of the General Agreement on Tari ffs and Trade 1994, was
circulated on 27 September 2004 in document

 The Separate Customs Territory of Taiwan , Penghu, Kinmen and Matsu exported, according
to our statistics, over US$19 billion in 2003 and US$17 billion in 2002 to the European Communities.
Much of these exports are subject to the same cust oms laws and regulations challenged by the United
States. Because of our substantial trade interest, as well as systemic interest, we request to join these
consultations.

 We would be grateful if we we re to be informed of the date and venue of the consultations so
as to enable our participation.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Request to Join Consultations Communication from India
Date: 12 October 2004
Document codes: WT/DS315/7
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Request to Join Consultations

Communication from India

 The following communication, dated 7 Octobe r 2004, from the delegation of India to the
delegation of the European Communities, the delega tion of the United States and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), the Government of Indi a hereby notifies its desire to be joined in the
consultations requested by the Permanent Mission of the United States to the Permanent Delegation of
the European Communities and to the Chairman of the Dispute Settlement Body (DSB) pursuant to
Articles 1 and 4 of the Understa nding on the Rules and Procedures Governing the Settlement of
Disputes (DSU) and Article XXII:1 of General Ag reement on Tariffs and Trade 1994 (GATT 1994)
regarding:

 (a) the non-uniform administration by the European Communities of laws, regulations,
judicial decisions and administrative rulings of the kind described in Article X:1 of
the GATT 1994 pertaining to the classificati on and valuation of products for customs
purposes and to requirements, restrictions or prohibitions on imports, and

 (b) the failure of the European Commun ities to institute judicial, arbitral or
administrative tribunals for the purpose, inter alia , of the prompt review and
correction administrative action relating to customs matters.

 The 21 September 2004 communication from the Pe rmanent Mission of the United States to
the Permanent Delegation of the European Commission was circulated to WTO Members on
27 September 2004 (; ).

 India has substantial trade interest in the consu ltations on the matter in the dispute, as well as
systemic interest in the matter of prompt publication and uniform, impartial and reasonable
administration of EC's laws, regulations, judicial decisions and administrative rulings of general
application pertaining to the classification or the va luation of products for customs purposes, or to the
rates of duty, taxes or other charges, or to require ments, restrictions or prohibition on imports. India's
trade interest is also confirmed by the fact that India's exports to the EC in the year 2003 were
Euro 13.35 billion. In particular, exporters from I ndia have been facing the problem of rejections on
account of border control alerts for agriculture a nd marine products under the Rapid Alert System for
Food and Feed (RASFF).
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 30 May 2005
Document codes: WT/DS315/9; WT/DS315/8; WT/DS315/8
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Constitution of the Panel Established at the Request of the United States

Note by the Secretariat

1. At its meeting on 21 Ma rch 2005 (WT/DSB/M/186), the Dispute Settlement Body (DSB)
established a panel pursuant to the request made by the United States in document , in
accordance with Article 6 of the Dispute Settlement Understanding (DSU).

2. At that meeting, the parties to the dispute also agreed that the panel should have standard
terms of reference. The terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document , the matter referred to the DSB by the
United States in that document and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 17 May 2005, the United States requested the Director-General to determine the
composition of the panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:

"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute, after consulting with the parties
to the dispute. The Chairman of th e DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 27 May 2005, the Director-General accordingly composed the Panel as follows:

 Chairman: Mr Nacer Benjelloun-Touimi

 Members: Mr Mateo Diego-Fernández
 Mr Hanspeter Tschäni

5. Argentina; Australia; Brazil; China; H ong Kong, China; India; Japan; Korea; and
Chinese Taipei have reserved their third party rights to participate in the Panel's proceedings.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Communication from the Chairman of the Panel
Date: 28 November 2005
Document codes: WT/DS315/10
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Communication from the Chairman of the Panel

 The following communication, dated 24 Nove mber 2005, addressed to the Chairman of the
Dispute Settlement Body, is circulated in accord ance with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date that the final report is issued to the parties, shall, as a general rule, not exceed six
months. Article 12.9 of the DSU states that when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in writi ng of the reasons for the delay, together with an
estimate of the period within which it will issue its report.

 The Panel on (WT/DS315) was
established by the DSB on 21 March 2005 and the Pa nel was composed on 27 May 2005. It will not,
however, be possible for the Panel to complete its wo rk in six months as the Panel is still considering
the legal and factual matters raised in this dispute.

 The Panel hopes to complete its work by the end of March 2006.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS ("EC – SELECTED CUSTOMS MATTERS")
Document: Communication from the Appellate Body
Date: 12 October 2006
Document codes: WT/DS315/13
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
("EC – SELECTED CUSTOMS MATTERS")

Communication from the Appellate Body

 The following communication, dated 10 October 2006, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body (the "DSB") of its decision to appeal . Article 17.5 states, furthermore, that when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The United States notified the DSB on Monday, 14 August 2006 of its decision to appeal
certain issues of law covered in the Panel Report a nd legal interpretations de veloped by the Panel in
this case, with the result that the 60-day period expires on Friday, 13 October 2006. Due to the time
required for completion and translation of the Report, the Appellate Body will not be able to circulate
its Report by Friday, 13 October 2006. We estimate that the Appellate Body Report in this appeal
will be circulated to WTO Members no later than Monday, 13 November 2006.
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Communication from the Appellate Body
Date: 13 November 2006
Document codes: WT/DS315/14; WT/DS315/AB/R.
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Communication from the Appellate Body

 The following communication, dated 13 November 2006, from Mr. A.V. Ganesan, Chairman
of the Appellate Body addressed to the Chairman of the Dispute Settlement Body, is circulated
in accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in , It will be circulat ed to Members of the at 4:00 p.m. today, in accordan ce with paragraph 5 of Article 17 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes . It is a confidential document until its
circulation. The three Members of the Appellate Body who served on this appeal were: myself, as
Presiding Member; Ms. Merit E. Janow and Mr. Yasuhei Taniguchi, as Members
EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 14 December 2006
Document codes: WT/DS315/15; WT/DS315/AB/R; WT/DS315/R
Complainant: U.S.
Respondent: EU
Third parties: Argentina, Australia, Brazil, China, Taiwan, Hong Kong, India, Japan, South Korea
Dispute stage: Appellate Body
Agreements cited: Art. X:3, X:1  GATT 1994

EUROPEAN COMMUNITIES – SELECTED CUSTOMS MATTERS

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 11 December 2006, the Dis pute Settlement Body adopted the Appellate
Body report on () and the Panel
report (), as modified by the Appellate Bo dy report. The Panel report should be read in
conjunction with the Appellate Body report.

COMMUNAUTÉS EUROPÉENNES – CERTAINES QUESTIONS DOUANIÈRES

Rapport de l'Organe d'appel et rapport du Groupe spécial

de l'Organe d'appel intitulé Communautés européennes – Certaines questions douanières
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.

COMUNIDADES EUROPEAS - DETERMINADAS CUESTIONES ADUANERAS

Actuación del Órgano de Solución de Diferencias

 En su reunión de 11 de diciembre de 2006, el Órgano de Solución de Diferencias adoptó el
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from Japan
Date: 5 October 2005
Document codes: WT/DS316/3
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from Japan

 The following communication, dated 3 October 2005, from the delegation of Japan to the
Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 With regard to the information-gather ing process under Annex V of the Agreement on
Subsidies and Countervailing Measures (SCM Agre ement) in the above-mentioned proceedings,
Japan hereby notifies that the information contained in Japan's communication dated

1, whose relevant part reads as follows, shall equally apply to DS316:

"Pursuant to paragraph 1 of Annex V, Jap an hereby notifies the Dispute Settlement
Body that "the organization responsible for administration of this provision within its
territory" is the WTO Dispute Settlement Divi sion at the Ministry of Foreign Affairs
in Japan. Japan asks that any request fo r information be addressed in writing through
the dispute settlement officer at the Perman ent Mission of Japan to the International
Organizations in Geneva."
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 25 October 2005
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

WT/DS/316/4

 EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Constitution of the Panel Established at the Request of the United States

Note by the Secretariat

1. At its meeting on 20 July 2005, the Dispute Se ttlement Body established a Panel pursuant to
the request by the United States in document WT /DS316/2, in accordance with Article 6 of the
Dispute Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the United States in document , the matter referred to the DSB by the
United States in that document, and to ma ke such findings as will assist the DSB in
making the recommendations or in giving the rulings provided for in those
agreements."
3. On 7 October 2005, the United States requested the Director-General to determine the
composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. This paragraph provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the com position of the panel by appointing the
panelists whom the Director-General consid ers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in th e dispute after consulting with the parties
to the dispute. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 17 October 2005, Deputy Director-General Alejandro Jara, acting in place of the Director-
General, composed the Panel as follows:
Chairman: Mr. Carlos Pérez del Castillo
Members: Mr. John Adank
 Mr. Thinus Jacobsz
5. Australia, Brazil, Canada, China, Japan and Korea reserved their third-party rights.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request by the United States for a Decision of the Dispute Settlement Body Addendum
Date: 20 July 2006
Document codes: WT/DS347/2; WT/DS316/5/Add.1; WT/DS347/2; WT/DS316/5
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)

Request by the United States for a Decision of the

Dispute Settlement Body

Addendum

 This document is circulated to add "" to the document number as well as to add
"second complaint" at the end of the title to the doc ument originally circulated as dated
11 April 2006.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request for the Establishment of a Panel by the United States Addendum
Date: 20 July 2006
Document codes: WT/DS347/3; WT/DS316/6/Add.1; WT/DS347/3; WT/DS316/6
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)

Request for the Establishment of a Panel by the United States

Addendum

 This document is circulated to add "" to the document number as well as to add
"second complaint" at the end of the title to the doc ument originally circulated as dated
11 April 2006.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Chairman of the Panel
Date: 13 April 2006
Document codes: WT/DS316/7
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Chairman of the Panel

 The following communication, dated 13 April 2006 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel shall conduct its examination, from the date
that the composition and terms of reference of the panel have been agreed upon until the date the final
report is issued to the parties to the dispute, shall, as a general rule, not exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the Dispute Settle ment Body (DSB) in writing of the reasons for the
delay, together with an estimate of the period within which it will issue its report.

 The Panel on (WT/DS316) was established by the DSB on 20 July 2005 and composed on
17 October 2005.

 It will not be possible for the Panel to complete its work in six months in light of
the substantive and procedural complexities invol ved in this dispute, including the process of
developing information concerning ser ious prejudice under Annex V of the SCM Agreement, another
request for consultations by the United States
1, the Panel's subsequent ag reement, at the parties'
request, to set aside the original timetable for the dispute until an unspecified date in the future, and
another request for the establishment of a panel by the United States.2

 The Panel expects to complete its work in 2007.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Communication from the United States Answers to Questions from Brazil Addendum
Date: 20 July 2006
Document codes: WT/DS347/4; WT/DS316/8/Add.1; WT/DS347/4; WT/DS316/8
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)

Communication from the United States

Answers to Questions from Brazil

Addendum

 This document is circulated to add "" to the document number as well as to add
"second complaint" at the end of the title to the doc ument originally circulated as dated
15 May 2006.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Chairman of the Panel
Date: 14 December 2007
Document codes: WT/DS316/9
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Chairman of the Panel

 The following communication, dated 14 Dece mber 2007, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the DSU provides that th e period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date the final report is issued to the pa rties to the dispute, shall, as a general rule, not
exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in writi ng of the reasons for the delay, together with an
estimate of the period within which it will issue its report.

 The Panel on (WT/DS316) was established by the DSB on 20 July 2005 and composed on
17 October 2005.

 It will not be possible for the Panel to complete its work within six months of the date of
composition, inter alia, due to the substantive and procedural complexities involved in this dispute.

 The Panel expects to complete its work in 2008.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Chairman of the Panel
Date: 20 October 2008
Document codes: WT/DS316/10
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Chairman of the Panel

 The following communication, dated 17 Octobe r 2008, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the DSU provides that th e period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date the final report is issued to the pa rties to the dispute, shall, as a general rule, not
exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in writi ng of the reasons for the delay, together with an
estimate of the period within which it will issue its report.

 The Panel on (WT/DS316) was established by the DSB on 20 July 2005 and composed on
17 October 2005.

 It will not be possible for the Panel to complete its work within six months of the date of
composition due to, inter alia , the substantive and procedural complexities and the volume of
materials involved in this dispute.

 The Panel expects to complete its work in 2009.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Chairman of the Panel
Date: 7 December 2009
Document codes: WT/DS316/11
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Chairman of the Panel

 The following communication, dated 3 December 2009, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the DSU provides that th e period in which a panel shall conduct its
examination, from the date that the composition and te rms of reference of the panel have been agreed
upon until the date the final report is issued to the pa rties to the dispute, shall, as a general rule, not
exceed six months.

 Article 12.9 of the DSU provides that, when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in writi ng of the reasons for the delay, together with an
estimate of the period within which it will issue its report.

 The Panel on (WT/DS316) was established by the DSB on 20 July 2005 and composed on
17 October 2005.

 It has not been possible for the Panel to comp lete its work within the time provided for in
Article 12.9 of the DSU, due to, inter alia , the substantive and procedural complexities and the
volume of materials involved in this dispute.

 The Panel issued its interim report to the par ties in September 2009, and is now in the process
of finalizing its report. The Panel expects to complete its work before the end of April 2010.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Appellate Body
Date: 22 September 2010
Document codes: WT/DS316/14
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES
AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Appellate Body

 The following communication, dated 17 Septem ber 2010, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its Report no later than 60 days afte r the appellant has formally notified the Dispute
Settlement Body ("DSB") of its decision to appeal. Article 17.5 states, furthermore, that, when the
Appellate Body considers that it cannot provide its Report within 60 days, it shall inform the DSB in
writing of the reasons for the delay together with an estimate of the period within which it will submit
its Report.

 The European Union notified the DSB on Wednesd ay, 21 July 2010 of its decision to appeal
certain issues of law covered in the Panel Report a nd legal interpretations de veloped by the Panel in
this case, with the result that the 60-day period expires on Monday, 20 September 2010. Due to the
considerable size of the record and complexity of the appeal, including the issues raised preliminarily,
and taking into account the dates for the submissions and the oral hearings that have been established
in consultation with the participan ts, the Appellate Body will not be able to circulate its Report by
Monday, 20 September 2010. We will hold oral heari ngs in this appeal in November and December
2010, and will provide thereafter an estimate for circulation of our Report
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Appellate Body
Date: 18 May 2011
Document codes: WT/DS316/15; WT/DS316/AB/R.
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Communication from the Appellate Body

 The following communication, dated 18 May 2011, from the Chair of the Appellate Body
addressed to the Chair of the Dispute Settlement Bo dy, is circulated in accordance with Article 17.5
of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

 It is my honour to provide to you the Report of the Appellate Body in , It
was circulated to Members of the World Trade Orga nization on 18 May. The three Members of the
Appellate Body who served on this appeal were Mr. David Unterh alter, as Presiding Member, and
Mr. Peter Van den Bossche and myself, as Members.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Recourse to Article 21.5 of the DSU by the United States Communication from the Secretariat Corrigendum
Date: 13 February 2012
Document codes: WT/DS316/19/Corr.1
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Recourse to Article 21.5 of the DSU by the United States

Communication from the Secretariat

Corrigendum

 Owing to technical reasons, document WT/DS316/ 19, was circulated without the attached
Statement of Available Evidence on its last page.

Statement of Available Evidence
Panel Report, European Communities and Certain Members States – Measures Affecting Trade in
Large Civil Aircraft , , adopted as modified by the Appellate Body Report,
, June 1, 2011
Appellate Body Report, European Communities and Certain Members States – Measures Affecting
Trade in Large Civil Aircraft, , adopted June 1, 2011
European Communities and Certain Members States – Measures Affecting Trade in Large Civil
Aircraft, Exhibits EC-1 through EC-767 (excluding any BCI and HSBI exhibits)
European Communities and Certain Members States – Measures Affecting Trade in Large Civil
Aircraft, Exhibits US-1 through US-691(excluding any BCI and HSBI exhibits)
EADS Financial Statements 2009
EADS Financial Statements 2010
Communication from the European Union, European Communities and Certain Members States –
Measures Affecting Trade in Large Civil Aircraft,
Kevin Done and Peggy Hollinger, "Airbus set to gain aid for A350," Financial Times (June 15, 2009)
Geneviève Fioraso, Avis, No 1969, Assemblée Nationale, Tome II: Écologie, développement et
aménagement durables: industrie et énergie (Oct. 14, 2009)
d’investissements d’avenir, JORF no 0119 (May 22, 2011), NOR: PRMX1113852X.
reembolsables a la filial española de Airbus SA S denominada Airbus Operations S.L para su
participación en el programa de desarrollo de la nueva familia de aviones Airbus A350 XWB,
BOLETÍN OFICIAL DEL ESTADO DE ESPANA, Num. 270, Sec. 1, Pag. 93091 (Nov. 9, 2009)
UK Department for Business, Innovation & Skills, UK Strategic Investment Fund Interim Report , p.
15 (Oct. 2009)
Deutscher Bundestag, 16. Wahlperiode, Drucksache 16/4388, of 27 February, 2007
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Recourse to Article 22.6 of the DSU by the United States Communication from the Arbitrator
Date: 2 February 2012
Document codes: WT/DS316/22
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Recourse to Article 22.6 of the DSU by the United States

Communication from the Arbitrator

 The following communication, dated 19 January 2012 and addressed to the Chairperson of
the Arbitrator, has been received from the delegatio n of the United States and the delegation of the
European Union.

The European Union and the United States (the "Parties") wish to thank you and the other
arbitrators for accepting to serve in the above-captioned proceeding.

On 12 January 2012, the Parties reached agre ement on certain procedures under Articles 21
and 22 of the DSU and Article 7 of the SCM Agreement () (the "Agreed Procedures").

Paragraphs 1 to 5 of the Agreed Procedur es set out the procedure to be followed for
compliance proceedings under Article 21.5 of the DSU. Paragraph 6 of the Agreed Procedures states
the following:

The United States has requested the DSB to authorize countermeasures pursuant to
Article 22.2 of the DSU and Article 7.9 of the SCM Agreement. As the matter has
been referred to arbitration, the United Stat es and the EU shall request the arbitrator
to suspend that proceeding. In the ev ent that the DSB following a proceeding under
Article 21.5 of the DSU rules that a measure taken to comply does not exist or is
inconsistent with a covered agreement, either party may request the Article 22.6
arbitrator to resume its work.
Accordingly, the Parties hereby request the Ar bitrator to suspend its work. As noted, the
Parties have agreed that in th e event that the DSB following a proceeding under Article 21.5 of the
DSU rules that a measure taken to comply does not ex ist or is inconsistent with a covered agreement,
either party may request the Article 22.6 arbitrator to resume its work.

In accordance with the parties' joint request, the Arbitrator has suspended the arbitration
proceedings from 20 January 2012 until either party requests their resumption.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Recourse to Article 21.5 of the DSU by the United States Constitution of the Panel Note by the Secretariat
Date: 25 April 2012
Document codes: WT/DS316/24; WT/DS316/23.
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Recourse to Article 21.5 of the DSU by the United States

Constitution of the Panel

Note by the Secretariat

1. At its meeting on 13 April 2012, the Dispute Settle ment Body (DSB) referred this dispute, if
possible, to the original Panel in accordance w ith Article 21.5 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU) to examine the matter referred to the DSB by
the United States in document
2. The Panel's terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the parties to the dispute, the matter referred to the DSB by the United States in
document and to make such findings as will assist the DSB in making
the recommendations or in giving the rulings provided for in those agreements."
3. In accordance with Article 21.5 of the DSU, th e Panel was composed on 17 April 2012 as
follows:
Chairman: Mr. Carlos Pérez del Castillo
Members: Mr. John Adank
 Mr. Thinus Jacobsz
4. Australia, Brazil, Canada, China, Japan and Korea have reserved their rights to participate in
the Panel proceedings as third parties.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Recourse to Article 21.5 of the DSU by the United States Communication from the Panel
Date: 14 August 2012
Document codes: WT/DS316/25
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Recourse to Article 21.5 of the DSU by the United States

Communication from the Panel

 The following communication, dated 13 August 2012, was received from the Chairman of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

 Article 21.5 of the Understanding on the Rul es and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circul ate its report within 90 days after the date of
referral of the matter to it.

 Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide
its report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

 On 13 April 2012, the DSB referred the dispute – Recourse to Article 21.5 by the
United States (WT/DS316) to the original panel, if possible. The Panel was composed on
17 April 2012.
1

 The Panel, after consultations with the par ties, adopted a timetable pursuant to which it
expected to issue its report in 2013. While the time table originally adopted is likely to be revised, in
light of certain matters being addressed by the parties, the Panel continues to expect to issue its report
before the end of 2013.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Document: Communication from the Panel
Date: 9 December 2013
Document codes: WT/DS316/26
Complainant: U.S.
Respondent: EU, France, Germany, Spain, United Kingdom
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. XVI:1  GATT 1994Art. 1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Communication from the Panel
The following communication, dated 9 December 2013, was received from the Chairman of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

Article 21.5 of the Understanding on the Rule s and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circul ate its report within 90 days after the date of
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 13 April 2012, the DSB referred the dispute European Communities and Certain Member States
– Measures Affecting Trade in Large Civil Aircraft – Recourse to Article 21.5 by the United States
(WT/DS316) to the original panel, if possible. The Panel was composed on 17 April 2012.
1

The Panel, after consultations with the parties, ad opted a timetable pursuant to which it expected
to issue its report in 2013. However, due to the substantive and procedural complexities of this
dispute, it will not be possible for the Panel to complete its work within this time-frame.

The Panel now expects to complete its work by the end of 2014.