dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE IMPORTATION OF CERTAIN POULTRY PRODUCTS
Document: Communication from the Appellate Body
Date: 13 July 1998
Document codes: WT/DS69/6; WT/DS69/AB/R.
Complainant: Brazil
Respondent: EU
Third parties: Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 4, 5  AgricultureArt. 1, 3  Import LicensingArt. II, III, X, XIII, XXVIII  GATT 1994

EUROPEAN COMMUNITIES – MEASURES AFFECTING THE
IMPORTATION OF CERTAIN POULTRY PRODUCTS
Communication from the Appellate Body
The following communication, dated 9 July 1998, from Mr. Christopher Beeby, 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 transmit to you the Report of the Appellate Body in European
Communities - Measures Affecting the Importation of Certain Poultry Products , AB-1998-3,
 It will be circulated on Monday, 13 July 1998 to Members of the in accordance with paragraph 5 of Article 17 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes . The three Members of the Appellate Body who
served on this appeal were Mr. James Bacchus, as Presiding Member; Mr. Said El-Naggar and
Mr. Florentino Feliciano, as Members.
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE IMPORTATION OF CERTAIN POULTRY PRODUCTS
Document: Communication from the European Communities
Date: 27 August 1998
Document codes: WT/DS69/8
Complainant: Brazil
Respondent: EU
Third parties: Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 4, 5  AgricultureArt. 1, 3  Import LicensingArt. II, III, X, XIII, XXVIII  GATT 1994

EUROPEAN COMMUNITIES – MEASURES AFFECTING THE
IMPORTATION OF CERTAIN POULTRY PRODUCTS
Communication from the European Communities
The following communication, dated 24 August 1998, from the Permanent Delegation of the
European Commission to the Dispute Settlement Body, is circulated pursuant to Article 21.3 of the
DSU.
Pursuant to Article 21.3 of the DSU, the European Communities has the obligation to inform,
within 30 days after the adoption of the panel a nd Appellate Body reports, the Dispute Settlement
Body of their intentions in respect of the impl ementation of the DSB's recommendations regarding
"".
At the DSB of 23 July 1998 it was agreed that it would not be necessary to call a meeting for
this purpose, as the EC would make a written statement by 23 August 1998. Therefore, I hereby wish
to inform the Dispute Settlement Body that the Communities intend to fulfil their obligations under
the WTO Agreement in respect of this matter and will require a reasonable period of time to do so.
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE IMPORTATION OF CERTAIN POULTRY PRODUCTS
Document: Communication from the European Communities and Brazil
Date: 23 October 1998
Document codes: WT/DS69/9
Complainant: Brazil
Respondent: EU
Third parties: Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 4, 5  AgricultureArt. 1, 3  Import LicensingArt. II, III, X, XIII, XXVIII  GATT 1994

EUROPEAN COMMUNITIES – MEASURES AFFECTING THE
IMPORTATION OF CERTAIN POULTRY PRODUCTS
Communication from the European Communities and Brazil
The following communication, dated 20 October 1998, from the Permanent Delegation of the
European Commission and the Permanent Mission of Brazil to the Dispute Settlement Body, is
circulated pursuant to Article 21.3 of the DSU.
Pursuant to Article 21.3(b) of the DSU, the European Communities and Brazil have reached a
mutual agreement on a reasonable period of time ending on 31 March 1999 for compliance with the
recommendations and rulings of the DSB concerning the case " EC – Measures Affecting the
Importation of Certain Poultry Products".
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE IMPORTATION OF CERTAIN POULTRY PRODUCTS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 28 July 1998
Document codes: WT/DS69/7; WT/DS69/AB/R; WT/DS69/R
Complainant: Brazil
Respondent: EU
Third parties: Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 4, 5  AgricultureArt. 1, 3  Import LicensingArt. II, III, X, XIII, XXVIII  GATT 1994

EUROPEAN COMMUNITIES – MEASURES AFFECTING THE
IMPORTATION OF CERTAIN POULTRY PRODUCTS
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 23 July 1998, the Dispute Settlement Body adopted the Appellate Body report
on “European Communities - Measures Affecting the Importation of Certain Poultry Products"
() and the panel report (), as modified by the Appellate Body report. The
panel report should be read in conjunction with the Appellate Body report.
COMMUNAUTÉS EUROPÉENNES – MESURES AFFECTANT L'IMPORTATION DE
CERTAINS PRODUITS PROVENANT DE VOLAILLES
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 23 juillet 1998, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "Communautés européennes – Mesures affectant l'importation de certains
l'Organe d'appel.
DE DETERMINADOS PRODUCTOS AVÍCOLAS
Actuación del Órgano de Solución de Diferencias
En su reunión de 23 de julio de 1998, el Órgano de Solución de Diferencias adoptó el informe
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Request for the Establishment of a Panel by Brazil
Date: 13 July 1998
Document codes: WT/DS70/2; WT/DS70/1; G/SCM/D11/1
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT
OF CIVILIAN AIRCRAFT
Request for the Establishment of a Panel by Brazil
The following communication, dated 10 July 1998, from the Permanent Mission of Brazil to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.
On 10 March 1997, Brazil requested consultations with Canada, pursuant to Article 4 of the
Agreement on Subsidies and Countervailing Measures (Subsidies Agreement), regarding certain
subsidies granted by the Government of Canada or its provinces that support the export of civilian
aircraft from Canada. That request was circul ated in document – , dated
14 March 1997. Consultations were held in Geneva, on 30 April 1997. Brazil and Canada also
consulted on several occasions since that time. Unfortunately, these consultations failed to resolve the
dispute.
Canada grants or maintains an extensive array of subsidies for the Canadian industry
producing civil aircraft which are inconsistent with Canada's obligations under Article 3.1(a) and
Article 3.2 of the Subsidies Agreement in that they are contingent in law or in fact, whether solely or
as one of several other conditions, upon export performance.
Accordingly, pursuant to Article 4.4 of the Subsidies Agreement and Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), Brazil hereby
requests the immediate establishment of a panel with standard terms of reference, as set out in
Article 7 of the DSU, and that the panel consider and find that the following programs or measures
maintained by Canada or its provinces are inconsistent with the requirements of Articles 3.1(a) and
3.2 of the Subsidies Agreement:
- financing and loan guarantees provided by the Export Development Corporation,
including equity infusions into corporations established to facilitate the export of civil
aircraft;
- support provided to the civil aircraft industry by the Canada Account;
- funds provided to the civil aircraft industry by Technology Partnerships Canada and
predecessor programs;

- the sale by the Ontario Aerospace Corporation, an agency or instrumentality of the
Government of the Province of Ontario, of a 49 per cent interest in a civil aircraft
manufacturer to another civil aircraft manufacturer on other than commercial terms;
- benefits provided under the Canada-Quebec Subsidiary Agreement on Industrial
Development;
- benefits provided by the Government of Quebec under the Société de Développement
Industriel du Québec.
Brazil asks that this request be placed on the agenda of the Dispute Settlement Body meeting
scheduled for 23 July 1998.
CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Constitution of the Panel Established at the Request of Brazil Communication from the DSB Chairman
Date: 27 October 1998
Document codes: WT/DS70/3; WT/DS70/2; WT/DS70/2
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Constitution of the Panel Established at the Request of Brazil
Communication from the DSB Chairman
1. At its meeting on 23 July 1998, the DSB established a panel pursuant to the request by Brazil

2. At that DSB meeting, parties agreed that th e Panel should have standard terms of reference.
The terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by Brazil in
document , the matter referred to the DSB by Brazil in that 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. On 16 October 1998, Brazil 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 composition of the panel by appointing the panellists
whom the Director-General considers 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 the 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."
1
4. On 22 October 1998, the Director-General accordingly composed the panel as follows:
Chairman: Mr. David de Pury
Members: Mr. Maamoun Abdel Fattah
Mr. Dencho Georgiev

1 Paragraph 12 of Article 4 of the Agreement on Subsidies and Countervailing Measures provides:
"For purposes of disputes conducted pursuant to this Article, except for time-periods
specifically prescribed in this Article, time-periods applicable under the DSU for the conduct of
such disputes shall be half the time prescribed there."

5. The European Communities and the United States ha ve reserved their rights as third parties to
the dispute.
CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Notification of an Appeal by Canada under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
Date: 3 May 1999
Document codes: WT/DS70/4
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA - MEASURES AFFECTING THE EXPORT OF
CIVILIAN AIRCRAFT
Notification of an Appeal by Canada under
paragraph 4 of Article 16 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU)
The following notification, dated 3 May 1999, sent by Canada to the Dispute Settlement Body
(DSB), is circulated to Members. This notificati on also constitutes the Notice of Appeal, filed on the
same day with the Appellate Body, pursuant to the Working Procedures for Appellate Review.
Pursuant to paragraph 8 of Article 4 of the Agreement on Subsidies and Countervailing
Measures (SCM Agreement) and Rule 20 of the Working Procedures for Appellate Review, the
Government of Canada hereby notifies its decision to appeal to the Appellate Body certain issues of
law covered in the Report of the Panel on Canada – Measures Affecting the Export of Civilian
Aircraft () and certain legal interpretations developed by the Panel.
The Government of Canada requests a review by the Appellate Body of the Panel's findings
with respect to the Technology Partnerships Canada programme. The Government of Canada submits
that the panel erred in law in
a) its interpretation and application of Article 3 of the SCM Agreement; and
b) its interpretation of Article 1 of the SCM Agreement.
The Government of Canada requests that the Appellate Body reverse the findings and
conclusions of the Panel.
CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Communication from the Appellate Body
Date: 2 August 1999
Document codes: WT/DS70/5; WT/DS70/AB/R.
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA - MEASURES AFFECTING THE EXPORT OF
CIVILIAN AIRCRAFT
Communication from the Appellate Body
The following communication, dated 2 August 1999, from Mr. Said El-Naggar, 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 transmit to you the Report of the Appellate Body in , It will be circulated as an unrestricted
document to Members of the at 4 p.m. today, in accordance with
paragraph 5 of Article 17 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes. The three Members of the Appellate Body who served on this appeal were
Mr. James Bacchus, as Presiding Member; Mr. Florentino Feliciano and Mr. Mitsuo Matsushita, as
Members.
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Communication from Canada
Date: 14 September 1999
Document codes: WT/DS70/7
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT OF
CIVILIAN AIRCRAFT
Communication from Canada
The following communication, dated 6 September 1999, from the Permanent Mission of
Canada to the Dispute Settlement Body is circulated at the request of Canada.
Pursuant to Article 21.3 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, I am pleased to inform the Dispute Settlement Body of Canada's intentions in
respect of implementation of the recommendations and rulings of the Dispute Settlement Body in the
matter of "".
Canada intends to implement fully and faithfully the Dispute Settlement Body's rulings with
respect to the two programmes - the Canada Account and the Technology Partnerships Canada – that
were found to constitute prohibited export subsidies as applied to the Canadian regional aircraft
industry. Details of Canada's implementation program will be forthcoming and we look forward to
collaborating closely with Brazilian authorities at an early date on our respective implementation
plans. Canada will keep the Dispute Settlement Body informed as is required.
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Recourse by Brazil to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 17 December 1999
Document codes: WT/DS70/10; WT/DS70/9.; WT/DS70/9
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Recourse by Brazil to Article 21.5 of the DSU
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 9 December 1999, the Dispute Settlement Body (DSB) decided, in
accordance with Article 21.5 of the DSU, to refer to the original panel the matter raised by Brazil in
document
2. At that DSB meeting, it was also agreed that the Panel should have standard terms of
reference as follows:
“To examine, in the light of the relevant provisions of the covered agreements cited
by Brazil in document , the matter referred to the DSB by Brazil in that
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. The Panel is composed as follows:
Chairperson: Mr. David de Pury
Members: Mr. Maamoun Abdel-Fattah
Mr. Dencho Georgiev
4. Australia, the European Communities and the United States have reserved their third party
rights.
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Recourse by Brazil to Article 21.5 of the DSU Communication from the Chairman of the Panel
Date: 9 March 2000
Document codes: WT/DS70/11
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Recourse by Brazil to Article 21.5 of the DSU
Communication from the Chairman of the Panel
The following communication, dated 8 March 2000 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 21.5 of the DSU.
Article 21.5 of the DSU stipulates that a panel examining the existence or consistency with a
covered agreement of measures taken to comply with the recommendations and rulings by the Dispute
Settlement Body (DSB) shall circulate its report wi thin 90 days after referral of the matter to it.
Article 21.5 further provides that when a panel considers that it cannot issue its report within 90 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 issue its report.
At its meeting of 9 December 1999, the DSB decided, in accordance with Article 21.5, to refer
to the original panel the matter raised by Brazil . I wish to inform you that the Panel does
not expect to be able to circulate the report to the Members by 9 March 2000, that is, within the 90 days
provided for in the DSU, due to the short timeframes provided for in the timetable.
The Panel expects to be able to circulate its report to Members by the middle of April 2000.
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Recourse by Brazil to Article 21.5 of the DSU Communication from the Appellate Body
Date: 15 June 2000
Document codes: WT/DS70/13
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Recourse by Brazil to Article 21.5 of the DSU
Communication from the Appellate Body
The following communication, dated 15 June 2000, from the Chairman of the Appellate Body
addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 4.9 of the Agreement on Subsidies and Countervailing Measures.
I am writing to you pursuant to Article 4.9 of the Agreement on Subsidies and Countervailing
Measures, which stipulates that the Appellate Body shall circulate its report within 30 days from the
date when a party to the dispute formally notifies its intention to appeal. Article 4.9 states,
furthermore, that when the Appellate Body consider s that it cannot provide its report within 30 days,
it shall inform the Dispute Settlement Body in writ ing of the reasons for the delay together with an
estimate of the period within which it will submit its report.
Brazil notified the Dispute Settlement Body of its decision to appeal certain issues of law
covered in the Panel Report and legal interpretations developed by the Panel in this case on Monday,
22 May 2000 with the result that the 30-day period specified in Article 4.9 will expire on Wednesday,
21 June 2000. Due to the time required for completion and translation of its Report, the Appellate
Body will not be able to circulate its Report by Wednesday, 21 June 2000. We estimate that the
Appellate Body Report in this appeal will be circulated to WTO Members no later than Friday,
21 July 2000.
CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Recourse by Brazil to Article 21.5 of the DSU Communication from the Appellate Body
Date: 20 July 2000
Document codes: WT/DS70/14; WT/DS70/AB/RW.
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA – MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Recourse by Brazil to Article 21.5 of the DSU
Communication from the Appellate Body
The following communication, dated 20 July 2000, from Mr. Florentino Feliciano, Chairman of
the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 4.9 of the Agreement on Subsidies and Countervailing Measures.
It is my honour to transmit to you the Report of the Appellate Body in , Recourse by Brazil to Article 21.5 of the DSU,
 It will be circulated tomo rrow, 21 July 2000, to Members of the , in accordance with paragraph 9 of Article 4 of the Agreement on Subsidies and
Countervailing Measures. 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;
Mr. James Bacchus and Mr. Claus-Dieter Ehlermann as Members.
CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 6 September 1999
Document codes: WT/DS70/6; WT/DS70/AB/R; WT/DS70/R
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA - MEASURES AFFECTING THE EXPORT OF
CIVILIAN AIRCRAFT
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 20 August 1999, the Dispute Settlement Body adopted the Appellate Body
report on "Canada - Measures Affecting the Expo rt of Civilian Aircraft () and the
panel report (), as upheld by the Appellate Body report. The panel report should be read
in conjunction with the Appellate Body report.
CANADA - MESURES VISANT L'EXPORTATION
DES AÉRONEFS CIVILS
Rapport de l'Organe d'appel et rapport du Groupe spécial
À sa réunion du 20 août 1999, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel intitulé "Canada - Mesures visant l'exportation des aéronefs civils ()
du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
DE AERONAVES CIVILES
Actuación del Órgano de Solución de Diferencias
En su reunión de 20 de agosto de 1999, el Órgano de Solución de Diferencias adoptó el
Órgano de Apelación.
CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Document: Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body On 4 August 2000, the Dispute Settlement Body adopted the Appellate Body report on "Canada - Measures Affecting the Export of Civilian Aircraft - Recourse by Brazil to Article 21.5 of the DSU" (WT/DS70/AB/RW) and the panel report (W T/DS70/RW), as modified by the Appellate Body report.  The panel report should be read in conjunction with the Appellate Body report. CANADA - MESURES VISANT L'EXPORTATION DES AÉRONEFS CIVILS Rapport de l'Organe d'appel et rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum d'accord sur le règlement des différends Dispositions prises par l'Organe de règlement des différends Le 4 août 2000, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel sur l'affaire " Canada - Mesures visant l'exportation des aéronefs civils - Recours du Brésil à l'article 21:5 du Mémorandum d'accord sur le règlement des différends " (WT/DS70/AB/RW) et le rapport du Groupe spécial (WT/DS70/RW) modifié par le rapport de l'Organe d'appel.  Le rapport du
Date: 14 August 2000
Document codes: WT/DS70/15; WT/DS70/AB/RW
Complainant: Brazil
Respondent: Canada
Third parties: Australia, EU, U.S.
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.2, 3.1(a)  Subsidies and Countervailing Measures (SCM)

CANADA - MEASURES AFFECTING THE EXPORT OF CIVILIAN AIRCRAFT
Appellate Body Report and Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
On 4 August 2000, the Dispute Settlement Body adopted the Appellate Body report on
" - Recourse by Brazil to Article 21.5 of
the DSU" () and the panel report (W T/DS70/RW), as modified by the Appellate
Body report. The panel report should be read in conjunction with the Appellate Body report.
CANADA - MESURES VISANT L'EXPORTATION DES AÉRONEFS CIVILS
Rapport de l'Organe d'appel et rapport du Groupe spécial au titre
le règlement des différends
Le 4 août 2000, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel
Groupe spécial est à rapprocher de celui de l'Organe d'appel.
DE AERONAVES CIVILES
del artículo 21 del ESD
Actuación del Órgano de Solución de Diferencias
de Apelación titulado "Canadá - Medidas que afectan a la exportación de aeronaves civiles - Recurso
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Constitution of the Panel Established at the Request of New Zealand Note by the Secretariat
Date: 19 January 1998
Document codes: WT/DS72/3; WT/DS72/2
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Constitution of the Panel Established
at the Request of New Zealand
Note by the Secretariat
1. At its meeting on 18 November 1997 the Dispute Settlement Body (DSB) established a panel
pursuant to a request made by New Zealand (WT/DS72).
2. At that meeting, the parties to the dispute 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
New Zealand in document , the matter referred to the DSB by New Zealand in
that 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. The parties to the dispute agreed on 13 January 1998 to the following composition of the Panel:
Chairman: Mr. Attie Swart
Members: Mr. Robert Hudec
Ms. Claudia Orozco Jaramillo
4. The United States reserved its rights as a third-party to the dispute.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS Communication from the Chairman of the Panel The followingcommunication, dated 19 February 1998and addressed tothe DisputeSettlement Body, is circulated in accordance with Article 12.12 of the DSU.
Date: 2 March 1998
Document codes: WT/DS72/4
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
The followingcommunication, dated 19 February 1998and addressed tothe DisputeSettlement
Body, is circulated in accordance with Article 12.12 of the DSU.
Due to a recent decision by a Tribunal in the United Kingdom, which in New Zealand's view
forms a good basis for settlement of the matter, New Zealand has requested the Panel to suspend the
panel proceedings in accordance with Article 12.12 of the DSU. The Panel has agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 23 December 1998
Document codes: WT/DS72/5
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
The following communication, dated 2 Sept ember 1998 and addressed to the Dispute
Settlement Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a panel 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 Settlement 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 "European Communities – Measures Affecting Butter Products" (WT/DS72) was
established by the DSB on 18 November 1997 and parties agreed to its composition and terms of
reference on 13 January 1998. The Panel proceedings were suspended from 19 February 1998 until 30
March 1998, pursuant to Article 12.12 of the DSU. Due to administrative constraints, the Panel is not
able to issue its report within six months.
The Panel expects to submit its final report to the parties in November 1998.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 1 March 1999
Document codes: WT/DS72/6
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
The following communication, dated 25 February 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
In the light of recent consultations with the European Communities, New Zealand has
requested the Panel to suspend its work in acco rdance with Article 12.12 of the DSU until 25 March
1999. The Panel has agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel Addendum
Date: 29 March 1999
Document codes: WT/DS72/6/Add.1
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
Addendum
The following communication, dated 25 March 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
This is to inform you that, in the light of continuing consultations with the European
Communities, New Zealand requested the Panel, on 24 March 1999, to suspend its work in
accordance with Article 12.12 of the DSU for an additional period of time, until 1 April 1999. The
Panel has agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel Addendum
Date: 8 April 1999
Document codes: WT/DS72/6/Add.2
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
Addendum
The following communication, dated 31 March 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
This is to inform you that, in the light of continuing consultations with the European
Communities, New Zealand requested the Panel, on 31 March 1999, to suspend its work in
accordance with Article 12.12 of the DSU for an additional period of time, until 12 May 1999. The
Panel has agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel Addendum
Date: 18 May 1999
Document codes: WT/DS72/6/Add.3
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
Addendum
The following communication, dated 12 May 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
This is to inform you that, in the light of continuing consultations with the European
Communities, New Zealand requested the Panel, on 12 May 1999, to suspend its work in accordance
with Article 12.12 of the DSU for an additional period of time, until 14 July 1999. The Panel has
agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel Addendum
Date: 19 July 1999
Document codes: WT/DS72/6/Add.4
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
Addendum
The following communication, dated 14 July 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
This is to inform you that, in the light of continuing consultations with the European
Communities, New Zealand requested the Panel, on 14 July 1999, to suspend its work in accordance
with Article 12.12 of the DSU for an additional period of time, until 7 October 1999. The Panel has
agreed to this request.
EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Document: Communication from the Chairman of the Panel Addendum
Date: 8 October 1999
Document codes: WT/DS72/6/Add.5
Complainant: New Zealand
Respondent: EU
Third parties: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. II:1(b), X:1, XI:1  GATT 1994Art. 3.3  Import LicensingArt. 2.2, 2.9, 2.11, 2.12  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING BUTTER PRODUCTS
Communication from the Chairman of the Panel
Addendum
The following communication, dated 7 October 1999 and addressed to the Chairman of the
Dispute Settlement Body, is circulated in accordance with Article 12.12 of the DSU.
This is to inform you that, in the light of continuing consultations with the European
Communities, New Zealand requested the Panel, on 5 October 1999, to suspend its work in
accordance with Article 12.12 of the DSU for an additional period of time, until 24 November 1999.
The Panel has agreed to this request.
JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Document: Original: English JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE Request to Join Consultations Communication from the United States
Date: 11 April 1997
Document codes: WT/DS73/2
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. III, VI, XII  Government Procurement (GPA)

JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Request to Join Consultations
Communication from the United States
The following communication, dated 9 April 1997, from the Permanent Mission of the United
States to the Permanent Delegation of the European Commission, the Permanent Mission of Japan and
to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the United States Government hereby notifies the European Communities
that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultationsrequested bythe EuropeanCommunities ina communication circulated toWTO Members
on 1 April 1997 () entitled .
As a significant exporter of satellites and satellite systems integration programs, the United
States has a substantial trade interest in the matter that is the subject of the Japanese request. In addition,
the European Communities has raised issues relating to technical standards developed in the United
States, which is indicative of our substantial trade interest.
JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Document: Original: English/ anglais/ inglés JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE Acceptance by Japan of the Request to Join Consultations by the United States In a communication dated 14 April 1997, Japan informed the Dispute Settlement Body that it had accepted the request of the United States (WT/DS73/2) to join consultations which the European Communities had requested with Japan (WT/DS73/1, GPA/D1/1). JAPON - ACHAT D'UN SATELLITE DE NAVIGATION Acceptation par le Japon de la demande de participation aux consultations présentée par les Etats-Unis Par une communication datée du 14 avril 1997, le Japon a informé l'Organe de règlement des différends qu'il avait accepté la demande présentée par les Etats-Unis (WT/DS73/2) en vue de participer aux consultations que les Communautés européennes ont demandé à tenir avec le Japon (WT/DS73/1, GPA/D1/1).
Date: 29 April 1997
Document codes: WT/DS73/3; WT/DS73/2; WT/DS73/1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. III, VI, XII  Government Procurement (GPA)

JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Acceptance by Japan of the Request to Join Consultations by the United States
In a communication dated 14 April 1997, Japan informed the Dispute Settlement Body that
it had accepted the request of the United States () to join consultations which the European
Communities had requested with Japan (, GPA/D1/1).
JAPON - ACHAT D'UN SATELLITE DE NAVIGATION
différends qu'il avait accepté la demande présentée par les Etats-Unis () en vue de participer
GPA/D1/1).
JAPÓN - ADQUISICIÓN DE UN SATÉLITE DE NAVEGACIÓN
GPA/D1/1).
JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Document: Communication from the Chairman of the Panel
Date: 8 August 1997
Document codes: WT/DS73/4; WT/DS73/1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. III, VI, XII  Government Procurement (GPA)

GPA/D1/2

JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Communication from the Chairman of the Panel
The following communication, dated 31 July 1997 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.12 of the DSU.
My authorities have requested me to inform you that the European Communities have found
a mutually agreed solution, within the meaning of Article 3.6 of the DSU, with Japan over the complaint
() of 26 March 1997 in respect of a procurement tender published by the Ministry of
Transport (MoT) of Japan to purchase MTSAT Satellite-based Augmentation System (MSAS).
JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Document: Notification of a Mutually-Agreed Solution Revision
Date: 14 August 1997
Document codes: WT/DS73/4/Rev.1; WT/DS73/1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. III, VI, XII  Government Procurement (GPA)

GPA/D1/2/Rev.1

JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Notification of a Mutually-Agreed Solution
Revision
The following communication, dated 31 July 1997, from the Permanent Delegation of the
European Commission to the Permanent Mission of Japan and the Dispute Settlement Body is circulated
in accordance with Article 12.12 of the DSU.
My authorities have requested me to inform you that the European Communities have found
a mutually agreed solution, within the meaning of Article 3.6 of the DSU, with Japan over the complaint
() of 26 March 1997 in respect of a procurement tender published by the Ministry of
Transport (MoT) of Japan to purchase MTSAT Satellite-based Augmentation System (MSAS).
JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Document: Original: English JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE Notification of Mutually-Agreed Solution
Date: 3 March 1998
Document codes: WT/DS73/5; WT/DS73/4/Rev.1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. III, VI, XII  Government Procurement (GPA)

JAPAN - PROCUREMENT OF A NAVIGATION SATELLITE
Notification of Mutually-Agreed Solution
The following communication, dated 19 February 1998, from the Permanent Delegation of
the European Commission and the Permanent Mission of Japan, is circulated pursuant to Article 3.6
of the DSU.
We wouldlike torefer tothe consultationswhich were heldbetween the European Communities
and the Government of Japan concerning “ Japan - Purchase of MTSAT Satellite-based Augmentation
System” and, in particular, to the information previously circulated concerning the conclusion of these
consultations (Documents and GPA/D1/2/Rev.1 of 14 August 1997).
We have the honour to communicate herewith on behalf of the Government of Japan and the
European Communities the attached Joint Statement concerning the resolution of this complaint.

JOINT STATEMENT FOR FOLLOW-UP TO US ENQUIRY IN THE WTO COMMITTEE
ON THE AGREEMENT ON GOVERNMENT PROCUREMENT AND THE
DISPUTE SETTLEMENT BODY CONCERNING RESOLUTION
OF MSAS COMPLAINT BY THE EUROPEAN COMMUNITIES AND JAPAN
In reply to the request by the United States (US) regarding the complaint () of
26 March 1997 in respect of a procurement tender published by the Ministry of Transport of Japan
(MOT) topurchaseMTSAT Satellite-basedAugmentationSystem (MSAS), theEuropeanCommunities
and Japan can inform the US that the European Commission and the Ministry of Transport of Japan
have reached a settlement through the establishment of cooperation between the European Tripartite
Group (consisting of the European Commission, the European Space Agency and Euro control) on
the one hand and the MOT on the other in the field of interoperability between MSAS and European
Geostationary Navigation Overlay Service (EGNOS). This cooperation is aimed at jointly contributing
to the implementation of a global seamless navigation service for aeronautical end-users through the
interoperability among MSAS, EGNOS and other equivalent systems.
It has also been agreed that the requirements for interoperability will be mentioned in MSAS
and EGNOS documentation for all future procurement in and after 1998, on condition that both sides
reach the conclusion that the interoperability is feasible.
PHILIPPINES - MEASURES AFFECTING PORK AND POULTRY
Document: Request for Consultations by the United States
Date: 7 April 1997
Document codes: WT/DS74/1; G/L/158; G/AG/W/31; G/LIC/D/5; G/TRIMS/D/7
Complainant: U.S.
Respondent: Philippines
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, X, XI  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

PHILIPPINES - MEASURES AFFECTING PORK AND POULTRY
Request for Consultations by the United States
The following communication, dated 1 April 1997, from the Permanent Mission of the United
States to the Permanent Mission of the Philippines and to the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Philippines pursuant to
Article 4 of the Understanding on Rules and Procedures Governingthe Settlement of Disputes ("DSU"),
Article XXII of the General Agreement on Tariffs and Trade 1994, Article 19 of the Agreement on
Agriculture,Article6 of the Agreement onImport LicensingProcedures, and Article8 of the Agreement
on Trade-Related Investment Measures regarding the implementation bythe Philippines of its tariff-rate
quotas for pork and poultry. The measures at issue include Republic Act No. 8178 and Administrative
Order No. 9, Series of 1996.
The Philippines' implementationofthese tariff-rate quotas,inparticularthe delaysinpermitting
access for the in-quota quantities and the licensing system used to administer access to the in-quota
quantities,appears tobeinconsistentwiththeobligationsofthePhilippinesundertheGeneralAgreement
on Tariffs and Trade 1994, the Agreement on Agriculture, the Agreement on Import Licensing
Procedures, and the Agreement on Trade-Related Investment Measures. The provisions of these
agreements with which these measures appear to be inconsistent include, but are not limited to, the
following:
(1) General Agreement on Tariffs and Trade 1994, Articles III, X and XI;
(2) Agreement on Agriculture, Article 4;
(3) Agreement on Importing Licensing Procedures, Articles 1 and 3; and
(4) Agreement on Trade-Related Investment Measures, Articles 2 and 5.
Thesemeasures alsoappear tonullifyorimpair thebenefitsaccruing totheUnitedStates directly
or indirectly under the cited agreements.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
PHILIPPINES - MEASURES AFFECTING PORK AND POULTRY
Document: Original: English PHILIPPINES - MEASURES AFFECTING PORK AND POULTRY Request to Join Consultations Communication from the European Community
Date: 23 April 1997
Document codes: WT/DS74/2
Complainant: U.S.
Respondent: Philippines
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, X, XI  GATT 1994Art. 1, 3  Import LicensingArt. 2, 5  Trade-Related Investment Measures (TRIMs)

PHILIPPINES - MEASURES AFFECTING PORK AND POULTRY
Request to Join Consultations
Communication from the European Community
The following communication, dated 16 April 1997, from the Permanent Delegation of the
European Commission to the Permanent Mission of the Philippines, the Permanent Mission of the United
States and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I am writing to inform you that, pursuant to paragraph 11 of Article 4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes, the European Communities wish to
be joined in the consultations under Article XXII of the General Agreement on Tariffs and Trade 1994
requested by the United States regarding the implementation by the Philippines of its tariff-rate quotas
for pork and poultry. The United States’ request was circulated to WTO Members on 7 April 1997

The European Communities, as a large exporter of pork and poultry, have a substantial trade
interest in these consultations.