UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Communication from the European Union
Date: 8 April 2011
Document codes: WT/DS353/9
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.1, 3.2, 5, 6.3, 1.1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES – MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)

Communication from the European Union

 The following communication, dated 1 April 201 1, from the European Union addressed to the
Chair of the Dispute Settlement Body, is being circulated to Members.

 Pursuant to Article 16.4 and Article 17.1 of the DSU the European Union hereby notifies to
the Dispute Settlement Body its decision to appeal to the Appellate Body certain issues of law
covered in the Panel Report and cer tain legal interpretations devel oped by the Panel in the dispute
 (WT/DS353).
Pursuant to Rule 20(1) of the Working Procedures for Appellate Review , the European Union
simultaneously files this Notice of Appeal with the Appellate Body Secretariat.

 We realise that some Members (excluding the United States and Third Participants, whom we
informed beforehand) may be surprised by the EU d ecision to be the first to appeal some (limited)
aspects of this Panel Report. However, the timin g of this appeal reflects an assessment by the
European Union that we believe will not come as a surprise to Member s that have been following
developments: in all the circumstances the Eur opean Union could not reasonably be expected to
accept further delays in this dispute, the unwarrant ed passage of time having become a matter of very
serious concern.

 At the same time, the European Union would like to take this opportunity to assure Members
that it recognises that there are two pending appeals
1 and one panel report that remains the subject of a
DSB Decision 2, and that these relatively unusual circumstances may have implications for the
Appellate Body, the other Members involved in those cases, and the system as a whole, particularly
as regards the timing of the hearing and issuan ce of the Appellate Body Report in this appeal . As
in other cases, we consider that the Appellate Body should take the time it needs to complete its work
in this case, notwithstanding the 60 and 90 day rules in Article 17.5 of the DSU. We also accept that,
with respect to the hearing and issuance of the re port, a reasonable balance will need to be found
between the interests of the European Union in this case and these other interests.

1 DS371 (AB-2011-1) Thailand – Customs and Fiscal Measures on Cigarettes from the Philippines ;
and DS397 European Communities – Definitive Anti-Dumping Measures on Certain Iron or Steel Fasteners
from China (AB-2011-2).
2 DS399 United States – Measures Affecting Imports of Certain Passenger Vehicle and Light Truck
Tyres from China. The Panel Report is to be adopted or appealed prior to 25 May 2011.

 However, we believe that this balance can only properly be struck based on an objective
assessment of the particular issues to be decided in this appeal, once the written procedure is
completed. We believe that the issues will only b ecome fully apparent once the Appellant
Submissions are filed; and, subject to sight of the US Other Appellant Submission, we are in principle
surrendering any additional time for the European Union to file its own Appellee Submission.

 Thus, the timing of this appeal merely reflects a wish by the European Union to move without
delay and according to the normal timetable provided for in the Working Procedures for Appellate
Review to the point at which the Appellate Body w ill be in possession of all the information necessary
for it to organise itself in an appropriate way, having fair regard to the interests of all Members.