CHINA – MEASURES RELATED TO THE EXPORTATION OF VARIOUS RAW MATERIALS
Document: 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
Date: 12 September 2011
Document codes: WT/DS395/12
Complainant: EU
Respondent: China
Third parties: Argentina, Brazil, Canada, Chile, Colombia, Ecuador, India, Japan, South Korea, Mexico, Norway, Taiwan, Turkey, Saudi Arabia, U.S.
Dispute stage: Appellate Body
Agreements cited: Part I, para. 1.2, Part I, para. 5.1, Part I, para. 5.2, Part I, para. 8.2,   Protocol of AccessionArt. VIII:1, VIII:4, X:1, X:3, XI:1  GATT 1994

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 ().
Pursuant to Rule 23(1) of the Working Procedures for Appellate Review , the European Union
simultaneously files this Notice of Other Appeal 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 contained 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.

(b) In reaching these erroneous legal interp retations and findings, the Panel acted
inconsistently with its obligations under 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 into compliance with its WTO obligations.