Document: WT/DS316/R Page D-1 BCI deleted, as indicated [***] ANNEX D Contents Page Annex D European Communities and Certain Member States – Measures Affecting Trade in Large Civil Aircraft , (WT/DS316), Working Procedures of the Panel, 30 March 2007 D-2
Date: 30 March 2007
Document codes: WT/DS316/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

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ANNEX D

Contents Page
Annex D European Communities and Certain Member States – Measures
Affecting Trade in Large Civil Aircraft , (WT/DS316), Working
Procedures of the Panel, 30 March 2007
D-2

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ANNEX D

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT,
(WT/DS316), WORKING PROCEDURES OF THE PANEL

(30 March 2007)

1. In its proceedings the Panel shall follow th e relevant provisions of the Dispute Settlement
Understanding (DSU). In addition, the following working procedures shall apply.

2. The Panel shall conduct its intern al deliberations in closed session. The parties to the dispute,
and interested third parties, shall be present at m eetings only when invited by the Panel to appear
before it. The Panel may open its meetings with the parties to the public, subject to appropriate
procedures to be adopted by the Panel after cons ulting with the parties. The Panel may open the
third party session of its first substantive meeting to the public, subject to appropriate procedures to be
adopted by the Panel after consulting with the parties and third parties.

3. The deliberations of the Panel and the documen ts submitted to it shall be kept confidential.
Nothing in the DSU shall preclude a party to a dis pute from disclosing statements of its own positions
to the public. Members shall treat as confidentia l information submitted by another Member to the
Panel which that Member has designated as confidential. Where a party to a dispute submits a
confidential version of its written submissions to th e Panel, it shall also, upon request of a Member,
provide a non-confidential summary of the informa tion contained in its subm issions that could be
disclosed to the public.

4. The parties may jointly or individually propose special procedures for the protection of
certain confidential information. If the Panel recei ves such a proposal, it may adopt amendments to
the present working procedures for the protection of certain confidential information as it considers
appropriate. In the event that either of the parti es makes such a proposal individually, the other party
shall be given the opportunity to comment and/or make an alternative proposal.

5. Before the first substantive m eeting of the Panel with the parties, the parties to the dispute
shall transmit to the Panel written submissions in which they present the facts of the case, their
arguments and their counter-arguments, respectively. Third parties may transmit to the Panel written
submissions after the first written submissions of the parties have been submitted.

6. At its first substantive meeting with the pa rties, the Panel shall ask the United States to
present its case. Subsequently, and at the same m eeting, the European Comm unities will be asked to
present its point of view. The parties will then be allowed an opportunity for final statements, with
the United States presenting its statement first. Third parties will be asked to present their views
thereafter at the separate session of the same mee ting set aside for that purpose. Upon request, the
parties will be allowed an opportunity to ma ke written comments on the views presented by
Third parties at this separate session.

7. All third parties which have notified their interest in the dispute to the Dispute Settlement Body
shall be invited in writing to present their views during a session of the substantive meeting of the Panel
set aside for that purpose. All such third parties may be present during the entirety of this session.

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8. Formal rebuttals shall be made at a second s ubstantive meeting of the Panel. The European
Communities shall have the right to take the floor first, to be followed by the United States. The
parties shall submit, prior to that meeting, written rebuttals to the Panel.

9. The Panel may at any time put questions to th e parties and to the third parties and ask them
for explanations either in the course of the substa ntive meeting or in writing. Answers to questions
shall be submitted in writing by the date(s) specified by the Panel. Answers to questions after the first
meeting shall be submitted in writing at the sa me time as the written rebuttals, unless the Panel
specifies a different deadline.

10. The parties to the dispute and any third party invited to present its views shall make available
to the Panel and the other party or parties a written ve rsion of their oral statements, preferably at the
end of the meeting, and in any event not later than the day following the meeting. Parties and third
parties are encouraged to provide the Panel and ot her participants in the meeting with a provisional
written version of their oral statements at the time the oral statement is presented.

11. The parties and third parties shall make all submissions in an official WTO language, namely
English, French or Spanish. This does not preclude a party or third party submitting exhibits in the
original language, provided that it submits a version in an official WTO language at the same time.
The Panel may grant extensions of time for submi ssion of such language vers ions upon a showing of
good cause.

12. In the interest of full transparency, the presenta tions, rebuttals and statements shall be made in
the presence of the parties. Moreover, each party's written submissions, including responses to
questions put by the Panel, shall be made available to the other party.

13. The parties should provide the Secretariat with an executive summary of the claims and
arguments contained in their written submissions and oral presentations. These executive summaries
will be used by the Secretariat onl y for the purpose of assisting the Secretariat in drafting a concise
arguments section of the Panel report so as to facilita te timely translation and circulation of the Panel
report to the Members. They shall not serve in any way as a substitute for the submissions of the
parties. The summaries of the first written s ubmission and rebuttal written submission shall be
limited to twenty (20) pages each, and the summaries of the oral statements at the meetings will be
limited to five (5) pages each. The Panel may vary these page limits. Third parties are requested to
provide the Panel with executive summaries of thei r written submissions and oral presentations, of no
more than five (5) pages each. Th e executive summaries shall be s ubmitted to the Secretariat within
ten days of the original submission or presentation concerned. Paragraph 19 shall apply to the service
of executive summaries.

14. A party shall submit any request for preliminar y ruling not later than its first submission to
the Panel. If the complaining party requests such a ruling, the respondent shall submit its response to
the request in its first submission. If the respondent requests such a ruling, the complaining party
shall submit its response to the request prior to the fi rst substantive meeting of the Panel, at a time to
be determined by the Panel in light of the request . Exceptions to this procedure will be granted upon
a showing of good cause.

15. Parties shall submit all factual evidence to th e Panel no later than during the first substantive
meeting, except with respect to evidence necessary for purposes of rebu ttals or answers to questions.
Exceptions to this procedure will be granted upon a showing of good cause. The other party shall be
accorded a period of time for comment, as appropriate, on any new factual evidence submitted after
the first substantive meeting.

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16. The parties to the dispute have the right to determine the composition of their own
delegations. The parties shall have the responsibility for all members of their delegations and shall
ensure that all members of the delegation act in accordance with the rules of the DSU and the
Working Procedures of this Panel, particularly in regard to confid entiality of the proceedings. The
parties as well as third parties shall provide a list of their delegation before each meeting to the
Secretary to the Panel, Mr. Hiromi Yano (e-mail: hiromi.yano@wto.org).
17. To facilitate the maintenance of the record of the dispute, and to maximize the clarity of
submissions, in particular the refe rences to exhibits submitted by pa rties, parties should sequentially
number their exhibits throughout the course of the di spute. For example, exhibits submitted by the
United States could be numbered US-1, US-2, etc. If the last exhibit in connection with the
first submission was numbered US-5, the first exhibit of its next submission thus would be numbered
US-6. A party may rely on a sequential page nu mbering system to organize its exhibits, with
appropriate references to such numbered pages in its submissions to the Panel.

18. Following issuance of the interim report, the pa rties shall have the time, as established by the
timetable of the Panel, to submit written requests to review precise aspects of the interim report and to
request a further meeting with the Panel. The right to request such a meeting must be exercised no
later than at that time. Following receipt of any written requests for review, if no further meeting with
the Panel is requested, the parties shall have the opportunity, within a time-period specified by the
Panel, to submit written comments on the other part y's written requests for review. Such comments
shall be strictly limited to responding to the other party's written request for review.

19. The following procedures regarding service of documents shall apply:

(a) Each party and third party shall serve all of its written submissions (including any
separate requests for preliminary ruling and responses thereto), executive summaries
and written versions of oral statements, directly on all other parties, and on third parties
as appropriate, and confirm that it has done so at the time it provides those submissions
to the Secretariat.

(b) The parties and third parties should provi de their submissions to the Secretariat
by 5:30 p.m. on the deadlines established by the Panel, unless a different time is set by
the Panel.

(c) Unless the Panel indicates otherwise, the parties and th ird parties shall provide the
Secretariat with ten paper copies of each of their written submis sions. These copies
shall be filed with the Dispute Settlem ent Registrar, Mr. Ferdinand Ferranco
(office 2150).

(d) The parties and third parties shall provide electronic copies of all submissions to the
Secretariat at the time they provide their submissions, if possible in a format compatible
with that used by the Secretariat. If th e electronic version is provided by e-mail, it
should be addressed to DSRegistry@wto.o rg, and cc'd to judith.czako@wto.org,
andrea.mastromatteo@wto.org, graham.cook@wto.org, nadiya.nychay@wto.org,
michelle.healy@wto.org and hiromi.yano@ wto.org. If the electronic version is
provided by diskette or CD, four copies should be delivered to Mr. Ferdinand Ferranco
(office 2150).

(e) The Panel will endeavour to provide the pa rties with an electronic version of the
descriptive part, the interim report and the final report, as well as of other documents as

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appropriate. When the Panel transmits to the parties or third parties both paper and
electronic versions of a document, the paper version shall constitute the official version
for the purposes of the record of the dispute.