EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Request by the United States for a Decision of the Dispute Settlement Body
Date: 11 April 2006
Document codes: WT/DS316/5; WT/DS316/2.
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

Request by the United States for a Decision of the Dispute Settlement Body

 The following communication, dated 10 April 2006, from the delegation of the United States
to the Chairman of the Dispute Settlement Body, is circulated at the request of the United States.

 On 20 July 2005, the Dispute Settlement Body ("DSB") established a panel to examine the
matters set out in the US request for the estab lishment of a panel circulated in document
 That panel was composed on 17 October 2005.

 The United States is submitting today a further re quest for the establishment of a panel, which
the United States understands will be circulated as document

 In view of the relationship between these two panel requests, the United States considers that
the efficient functioning of the dispute settlement sy stem would be served if the matters contained in
the panel request submitted today were considered by the panel established on 20 July 2005. The
United States recalls that a similar policy is e xpressed by the provisions of Article 9.1 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU"). The United
States further recalls that in previous applications of DSU Article 9.1, the DSB took the decision, with
respect to Members that wished their complaints referred to a previously established panel, both to
establish the panel and to have the previously established panel also examine the subsequently
submitted complaint.
1

 Drawing upon that experience, the United States respectfully requests that the DSB take the
following decision:

A. Agree that the panel established on 20 July 2005, will also examine the
complaint contained in the request for the establishment of a panel that the
United States is submitting today (WT/DS316/6);
B. Accept the US request for the establishment of a panel submitted today; and
C. Agree that the panel shall have the following revised terms of reference:
"To examine, in the light of the relevant provisions of the covered
agreements cited by the United States in documents WT/DS316/2

1 See, e.g., Minutes of Meeting of the Dispute Settlement Body Held on 14 June 2002, WT/DSB/M/127,
para. 8; Minutes of Meeting of the Dispute Settlement Body Held on 24 June 2002, WT/DSB/M/128, para. 33.

and WT/DS316/6, the matter referred to the DSB by the United
States in those documents, and to make such findings as will assist
the DSB in making the recommendati ons or in giving the rulings
provided for in those agreements."
 If the DSB is unable to agree to this decision, the United States reserves its rights, pursuant to
DSU Articles 6 and 7, to have a panel established by negative consensus with terms of reference as
provided for in DSU Article 7.1.