dean22029/WTO_Docs huggingface dataset:
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Document: Communication from the Panel
Date: 9 October 2014
Document codes: WT/DS316/27
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Communication from the Panel
The following communication, dated 9 October 2014, was received from the Chairman of the Panel
with the request that it be circulated to the Dispute Settlement Body (DSB).

Article 21.5 of the Understanding on the Rule s and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circul ate its report within 90 days after the date of
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 13 April 2012, the DSB referred the dispute European Communities and Certain Member States
– Measures Affecting Trade in Large Civil Aircraft – Recourse to Article 21.5 by the United States
(WT/DS316) to the original panel, if possible. The Panel was composed on 17 April 2012.
1

The Panel, after consultations with the parties, ad opted a timetable pursuant to which it expected
to issue its report in 2013. However, due to the substantive and procedural complexities of this
dispute, the Panel advised that it was not possible to complete its work within that time-frame.
2

Having further reviewed the work that remain s to be completed, the Panel now expects to
complete its work by the end of 2015.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Document: Communication from the Panel
Date: 11 December 2015
Document codes: WT/DS316/28
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
Communication from the Panel
The following communication, dated 11 December 2015, was received from the Chairman of the
Panel with the request that it be circulated to the Dispute Settlement Body (DSB).

Article 21.5 of the Understanding on the Rule s and Procedures Governing the Settlement of
Disputes (DSU) provides that the panel shall circul ate its report within 90 days after the date of
referral of the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its
report within this time-frame, it shall inform the Dispute Settlement Body (DSB) in writing of the
reasons together with an estimate of the period within which it will submit its report.

On 13 April 2012, the DSB referred the dispute European Communities and Certain Member States
– Measures Affecting Trade in Large Civil Aircraft – Recourse to Article 21.5 by the United States
(WT/DS316) to the original panel, if possible. The Panel was composed on 17 April 2012.
1

The Panel, after consultations with the parties, ad opted a timetable pursuant to which it expected
to issue its report in 2013. However, due to the substantive and procedural complexities of this
dispute, the Panel advised that it was not possible to complete its work within that time-frame.
2

Having further reviewed the work that remain s to be completed, the Panel now expects to
complete its work by the end of June 2016.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES COMMUNICATION FROM THE APPELLATE BODY
Document: COMMUNICATION FROM
Date: 7 May 2018
Document codes: WT/DS316/32
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 4 May 2018, from the Chair of the Appellate Body addressed
to the Chair of the Dispute Settlement Body, is circulated to Members in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.

I refer to the Chair of the Appellate Body's letter of 21 December 2016, setting out the reasons
why the Appellate Body would not be able to circulate its report in these proceedings within the
timeframes provided for in Article 17.5 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU). We are now in a position to inform you that we will circulate the
report no later than 15 May 2018.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Document: Action by the Dispute Settlement Body
Date: 29 May 2018
Document codes: WT/DS316/35; WT/DS316/AB/RW; WT/DS316/AB/RW/Add.1; WT/DS316/RW/Add.1
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
APPELLATE BODY REPORT AND PANEL REPORT PURSUANT TO ARTICLE 21.5 OF THE DSU
Action by the Dispute Settlement Body
At its meeting on 28 May 2018, the Dispute Settlement Body adopted the Appellate Body report on
European Communities and C ertain member States – Measures Affecting Trade in Large Civil
Aircraft ( and ) and the Panel report (WT/DS 316/RW
and ), as modified by the Appellate Body report. The Panel report should be
read in conjunction with the Appellate Body report.

COMMUNAUTÉS EUROPÉENNES ET CERTAINS ÉTATS MEMBRES – MESURES
RAPPORT DE L'ORGANE D'APPEL ET RAPPORT DU GROUPE SPÉCIAL
AU TITRE DE L'ARTICLE 21:5 DU MÉMORANDUM D'ACCORD
À sa réunion du 28 mai 2018, l'Organe de règlement des différends a adopté le rapport de
l'Organe d'appel sur l'affaire Communautés européennes et certains États membres – Mesures
Groupe spécial doit être lu conjointement avec celui de l'Organe d'appel.

COMUNIDADES EUROPEAS Y DETERMINADOS ESTADOS MIEMBROS - MEDIDAS
QUE AFECTAN AL COMERCIO DE GRANDES AERONAVES CIVILES
Actuación del Órgano de Solución de Diferencias
En su reunión de 28 de mayo de 2018, el Órgano de Solución de Diferencias adoptó el informe del
Órgano de Apelación sobre el asunto Comunidades Europeas y determinados Estados Miembros -
Medidas que afectan al comercio de grandes aeronaves civiles (WT/DS316/AB/RW y
WT/DS316/AB/RW/Add.1) y el informe del Grupo Especial (WT/DS316/RW y
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE EUROPEAN UNION REPLACEMENT OF TWO MEMBERS OF THE ARBITRATOR
Document: Note by the Secretariat Following the resignation of the Chairperson of the Arbitrator, Mr Carlos Pérez del Castillo, on
Date: 10 July 2018
Document codes: WT/DS316/37
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
RECOURSE TO ARTICLE 22.6 OF THE DSU BY THE EUROPEAN UNION
REPLACEMENT OF TWO MEMBERS OF THE ARBITRATOR
Note by the Secretariat
Following the resignation of the Chairperson of the Arbitrator, Mr Carlos Pérez del Castillo, on
17 February 2016, and given the unavailab ility of Mr John Adank to serve as a member of the
Arbitrator, the Director-General appointed a new Chairperson and a new member of the Arbitrator
on 9 July 2018, pursuant to a request from the United States on 28 June 2018 . Accordingly, the
composition of the Arbitrator is now as follows:

 Chairperson: Mr Faizullah KHILJI

 Members: Mr Scott GALLACHER
Mr Thinus JACOBSZ
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RESUMPTION OF THE WORK OF THE ARBITRATOR COMMUNICATION FROM THE ARBITRATOR
Document: COMMUNICATION FROM
Date: 19 July 2018
Document codes: WT/DS316/38
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
RESUMPTION OF THE WORK OF THE ARBITRATOR
COMMUNICATION FROM THE ARBITRATOR
The following communication, dated 17 July 2018, was received from the Chairperson of the
Arbitrator with the request that it be circulated to the Dispute Settlement Body.

This is to inform you that on Friday, 13 July 2018, the United States requested the resumption of
the Arbitrator's work in the dispute European Communities and certain member States – Measures
Affecting Trade in Large Civil Aircraft (Recourse to Article 22.6 of the DSU by the European Union)
(DS316). The Arbitrator therefore resumed its work as of 13 July 2018.

I would be grateful if you would circulate this communication to the DSB.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION AND CERTAIN MEMBER STATES CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Document: CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT
Date: 1 October 2018
Document codes: WT/DS316/40; WT/DS316/39
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
AND CERTAIN MEMBER STATES
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
NOTE BY THE SECRETARIAT
1. At its meeting on 27 August 2018, the Dispute Settlement Body (DSB ) established a panel
pursuant to the request of the European Union in document , in accordance with
Article 6 of the Understanding on Rules and Procedures Governi ng the Settlement of Disputes
(DSU).

2. The Panel's terms of reference are the following:

To examine, in the light of the relevant provisions of the covered agreements cited by
the parties to the dispute, the matter referred t o the DSB by the European Union and
certain member States in 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 17 September 2018, the European Union requested the Director -General to determine
the composition of the Panel, pursuant to Article 8.7 of the DSU, read together with Article 21.5 of
the DSU. The former provision 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 Committe e, shall determine the composition of the panel by appointing the
panelists 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 recei ves
such a request.
4. In accordance with the above -mentioned provisions, and given the unavailability of two
members of the original panel, the Director-General composed the Panel on 28 September 2018 as
follows:

 Chairperson: Mr Hugo Cayrús

Members: Mr Christian Etter
Mr Thinus Jacobsz

5. Australia, Brazil, China, India, Japan, and the Russian Federation have reserved their rights
to participate in the Panel proceedings as third parties.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION AND CERTAIN MEMBER STATES CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION
Document: CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION NOTE BY THE SECRETARIAT Corrigendum Please note that paragraph 1 of document WT/DS316/40 should be amended to read:
Date: 9 November 2018
Document codes: WT/DS316/40/Corr.1; WT/DS316/40; WT/DS316/39.
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
AND CERTAIN MEMBER STATES
CONSTITUTION OF THE PANEL ESTABLISHED AT THE REQUEST OF THE EUROPEAN UNION

NOTE BY THE SECRETARIAT

Corrigendum
Please note that paragraph 1 of document should be amended to read:

1. At its meeting on 27 August 2018, the Dispute Settlement B ody (DSB) agreed, pursuant to
Article 21.5 of the Understanding on Rules and Procedures Governing t he Settlement of Disputes
(DSU), to refer to the original Panel, if possible, the matter raised by the European Union and certain
member States in document
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION AND CERTAIN MEMBER STATES COMMUNICATION FROM THE PANEL
Date: 20 November 2018
Document codes: WT/DS316/41
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

RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE EUROPEAN UNION
AND CERTAIN MEMBER STATES
COMMUNICATION FROM THE PANEL
The following communication, dated 16 November 2018, was received from the Chairperson of the
Panel with the request that it be circulated to the Dispute Settlement Body.

Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) provides that the panel shall circulate its report within 90 days after the date of referral of
the matter to it.

Article 21.5 of the DSU further provides that, when a panel considers that it cannot provide its report
within this time frame, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons
together with an estimate of the period within which it will submit its report.

On 27 August 2018 , the DSB decided to refer the dispute – Recourse to Article 21.5 of the
DSU by the European Union and Certain Member States (DS316) to the original panel, if possible.
The Panel was composed on 28 September 2018.

Taking into account the complexity of t he dispute, the Panel does not currently expe ct that it will
complete its work before the end of 2019.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request for Consultations by the United States Addendum
Date: 20 July 2006
Document codes: WT/DS347/1; WT/DS316/1/Add.2; WT/DS316/1/Add.1-G/L/697/Add.1-G/SCM/D62/1/Add.1; G/L/697/Add.2; G/SCM/D62/1/Add.2; G/L/697/Add.1-G/SCM/D62/1/Add.1
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
(SECOND COMPLAINT)

Request for Consultations by the United States

Addendum

 This document is circulated to add "WT/D347/1" to the docum ent number as well as to add
"second complaint" at the end of the title to the document originally circulated as
 dated 7 February 2006.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 6 June 2011
Document codes: WT/DS316/16; WT/DS316/AB/R; 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

EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES –
MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT

Appellate Body Report and Panel Report

Action by the Dispute Settlement Body

 At its meeting on 1 June 2011, the Dispute Settlement Body adopted the Appellate Body
report on European Communities
1 and Certain Member States – Measures Affecting Trade in Large
Civil Aircraft () and the Panel report (), as modified by the Appellate
Body report. The Panel report should be read in conjunction with the Appellate Body report.

November 2009, the WTO received a Verbal Note (WT/L/779) from the Council of the European Union and the
Commission of the European Communities stating that, by virtue of the Treaty of Lisbon, as of 1 December
2009, the European Union replaces and succeeds the European Community.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES COMMUNICATION FROM THE APPELLATE BODY
Document: Report of the Appellate Body
Date: 15 May 2018
Document codes: WT/DS316/33
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
RECOURSE TO ARTICLE 21.5 OF THE DSU BY THE UNITED STATES
COMMUNICATION FROM THE APPELLATE BODY
The following communication, dated 15 May 2018, from the Chair of the Appellate Body addressed to
the Chair of the Dispute Settlement Body, is circulated to Members in accordance with Article 17.5 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes.

It is my hono ur to provide to you the Report of the Appellate Body in European Communities and
Certain Member States – Measures Affecting Trade in Large Civil Aircraft – Recourse to Article 21.5 of
the DSU by the United States (). The three Members of t he Appellate Body who
served on this appeal were Mr Ricardo Ramírez-Hernández, as Presiding Member of the Division, and
Mr Peter Van den Bossche and Mr Ujal Singh Bhatia, as Members.
EUROPEAN COMMUNITIES AND CERTAIN MEMBER STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT RECOURSE TO ARTICLE 7.9 OF THE SCM AGREEMENT AND ARTICLE 22.7 OF THE DSU BY THE UNITED STATES
Document: decision of the Arbitrator
Date: 4 October 2019
Document codes: WT/DS316/42
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
RECOURSE TO ARTICLE 7.9 OF THE SCM AGREEMENT AND
ARTICLE 22.7 OF THE DSU BY THE UNITED STATES
The following communication, dated 2 October 2019, from the delegation of the United States to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 7.9 of the SCM
Agreement and Article 22.7 of the DSU.

Further to the U.S. request of December 9, 2011, 1 and in light of the decision of the Arbitrator in
European Communities and Certain member States – Measures Affecting Trade in Large Civil
Aircraft: Recourse to Article 22.6 of the DSU by the European Union, 2 the United States requests
authorization from the Dispute Settlement Body ( "DSB") to take countermeasures with respect to
the European Union ( "EU") and certain member States ( Germany, France, Spain , and the United
Kingdom) "at a level not exceeding, in total, USD 7,496.623 million annually."3

The United States makes this request pursuant to Article 7.9 of the Agreement on Subsidies and
Countervailing Measures ("SCM Agreement") and Article 22.7 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU").

The countermeasur es will take the form of (a) suspension of tariff concessions and related
obligations under the General Agreement on Tariffs and Trade 1994 and/or (b) suspension of
horizontal or sectoral commitments and obligations contained in the U.S. services schedule with
regard to all services defined in the Services Sectoral Classification List, except for financial services.4
UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from Japan
Date: 4 October 2005
Document codes: WT/DS317/3; WT/DS317/2
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES – MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT

Communication from Japan

 The following communication, dated 30 Septem ber 2005, from the delegation of Japan to the
Chairman of the Dispute Settlement Body, is circulated at the request of that delegation.

 With regard to the above-mentioned proceedi ng, I wish to refer to the request for the
establishment of a panel by the European Comm unities (), circulated to Members on
3 June 2005. In that communication, the EC also requested the initiation of the information-gathering
process under Annex V of the Agreement on Subsidies and Countervailing Measures
(SCM Agreement), and specified its intention to address questions to third-country Members,
including Japan, in accordance with the said Annex. The procedures provided in Annex V of the
SCM Agreement have been initiated by the DSB at its meeting on 23 September 2005.

 Pursuant to paragraph 1 of A nnex V, Japan hereby notifies the Dispute Settlement Body that
"the organization responsible for administration of this provision within its territory" is the WTO
Dispute Settlement Division at the Ministry of Fore ign Affairs in Japan. Japan asks that any request
for information be addressed in writing through th e dispute settlement officer at the Permanent
Mission of Japan to the International Organizations in Geneva.
UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat
Date: 25 October 2005
Document codes: WT/DS317/4; WT/DS317/2
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES – MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT

Constitution of the Panel Established at the Request of the European Communities

Note by the Secretariat

1. At its meeting on 20 July 2005, the Dispute Se ttlement Body established a Panel pursuant to
the request by the European Communities in documen t , in accordance with Article 6 of
the Dispute Settlement Understanding (DSU).
2. At that meeting, the parties to the dispute al so agreed that the Panel should have standard
terms of reference. The terms of reference are, therefore, the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document , the matter referred to the
DSB by the European Communiti es 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 7 October 2005, the European Communities re quested the Director-General to determine
the composition of the Panel, pursuant to paragra ph 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e 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."
4. On 17 October 2005, Deputy Director-General Alejandro Jara, acting in place of the Director-
General, composed the Panel as follows:
 Chairman: Ms. Marta Lucia Ramírez de Rincón

 Members: Ms. Gloria Peña
 Mr. David Unterhalter
5. Australia, Brazil, Canada, China, Japan and Korea reserved their third-party rights.
UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request for Consultations by the European Communities
Date: 4 December 2006
Document codes: WT/DS353/2; WT/DS317/5/Add.1; WT/DS353/2; WT/DS317/5
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

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

Request for Consultations by the European Communities

 This document is circulated to add "" to the document number as well as to add
"second complaint" at the end of the title to the doc ument originally circulated as dated
23 January 2006.

AÉRONEFS CIVILS GROS PORTEURS
(DEUXIÈME PLAINTE)

ESTADOS UNIDOS – MEDIDAS QUE AFECTAN AL COMERCIO
DE GRANDES AERONAVES CIVILES
(SEGUNDA RECLAMACIÓN)

documento, así como de añadir " segunda reclamación" al final de l título del documento distribuido
UNITED STATES - MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request for Consultations by the European Communities Corrigendum The title of document WT/DS353/2-WT/DS317/5/Add.1 should read as follows: UNITED STATES - MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT) Request for the Establishment of a Panel by the European Communities
Date: 8 December 2006
Document codes: WT/DS353/2/Corr.1; WT/DS317/5/Add.1/Corr.1; WT/DS353/2-WT/DS317/5/Add.1
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES - MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT
(SECOND COMPLAINT)
Request for Consultations by the European Communities
Corrigendum
 The title of document should read as follows:

Request for the Establishment of a Panel by the European Communities

AÉRONEFS CIVILS GROS PORTEURS
(DEUXIÈME PLAINTE)
Corrigendum
AÉRONEFS CIVILS GROS PORTEURS
(DEUXIÈME PLAINTE)

ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL COMERCIO
DE GRANDES AERONAVES CIVILES
(SEGUNDA RECLAMACIÓN)
Solicitud de celebración de consultas presentada
por las Comunidades Europeas
Corrigendum
ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL COMERCIO
DE GRANDES AERONAVES CIVILES
(SEGUNDA RECLAMACIÓN)
Solicitud de establecimiento de un grupo especial presentada
por las Comunidades Europeas
UNITED STATES – MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT
Document: Communication from the Chairman of the Panel
Date: 18 April 2006
Document codes: WT/DS317/6
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

UNITED STATES – MEASURES AFFECTING TRADE
IN LARGE CIVIL AIRCRAFT

Communication from the Chairman of the Panel

 The following communication, dated 13 April 2006 , addressed to the Chairman of the Dispute
Settlement Body (DSB), is circulated in accordan ce with Article 12.9 of the Dispute Settlement
Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel 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 Settle ment 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 (WT/DS317)
was established by the DSB on 20 July 2005 and composed on 17 October 2005.

 It will not be possible for the Panel to complete its work in six months in light of the
substantive and procedural complexities involved in this dispute, including the process of developing
information concerning serious prejudice under Annex V of the SCM Agreement, the establishment
of a second Panel at the request of the European Communities
1 on 17 February 2006, and the Panel's
subsequent agreement, at the parties' request, to set aside the original timetable for the dispute until an
unspecified date in the future.

 The Panel expects to complete its work in 2007.

1
UNITED STATES - MEASURES AFFECTING TRADE IN LARGE CIVIL AIRCRAFT (SECOND COMPLAINT)
Document: Request for Consultations by the European Communities
Date: 4 December 2006
Document codes: WT/DS353/1; WT/DS317/1/Add.2; WT/DS353/1; WT/DS317/1/Add.1-G/L/698/Add.1-G/SCM/D63/1/Add.1; G/L/698/Add.2; G/SCM/D63/1/Add.2; G/L/698/Add.1-G/SCM/D63/1/Add.1
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Panel
Agreements cited: Art. 3.1, 3.2, 5, 6.3  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

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

Request for Consultations by the European Communities

 This document is circulated to add "" to the document number as well as to add
"second complaint" at the end of the title to the document originally circulated as
 dated 1 July 2005.

AÉRONEFS CIVILS GROS PORTEURS
(DEUXIÈME PLAINTE)

, daté du 1
er juillet 2005.

ESTADOS UNIDOS - MEDIDAS QUE AFECTAN AL COMERCIO
DE GRANDES AERONAVES CIVILES
(SEGUNDA RECLAMACIÓN)

Solicitud de celebración de consultas presentada

por las Comunidades Europeas

documento, así como de añadir " segunda reclamación" al final de l título del documento distribuido
de 2005.
UNITED STATES - SECTION 776 OF THE TARIFF ACT OF 1930
Document: Request for Consultations by the European Communities
Date: 9 November 2004
Document codes: WT/DS319/1; G/L/712; G/ADP/D57/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 1, 6, 18.4, Annex II  Anti-dumpingArt. VI  GATT 1994Art. XVI:4  Agreement Establishing the World Trade Organization

UNITED STATES - SECTION 776 OF THE TARIFF ACT OF 1930

Request for Consultations by the European Communities

 The following communication, dated 5 November 2004, from the delegation of the European
Communities to the delegation of the United States a nd to the Chairperson of the Dispute Settlement
Body, is circulated in accordance with Article 4.4 of the DSU.

 On behalf of the European Communities (the "E C"), I hereby request consultations with the
United States of America pursuant to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII: 1 of the General Agreement on Tariffs and Trade
1994 (the "GATT") and Article 17 of the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade 1994 (the "ADA").

 This request concerns Section 776 of th e Tariff Act of 1930, as amended, and the
determinations of dumping by the DOC and the DOC notice for the imposition of the anti-dumping
duty of 125.77% with respect to Firth Rixson Special Steels Limited (FRSS) in Stainless Steel Bar
from the United Kingdom (67 FR 3146 of 23 January 2002 and 67 FR 10381 of 7 March 2002).

 The matters which the EC would like to raise in the course of the consultations, include, but
are not limited to, the following:

- the Tariff Act of 1930, in particular section 776, together with any relevant statements in the
Statement of Administrative Action that accompanied the adoption of the Uruguay Round
Agreements Act (the "URAA");
- the refusal by DOC to verify the data submitte d by FRSS and the rejection of such data for
the determination of the margin of dumping of FRSS;
- the decision by the DOC to employ an "adverse inference" in the selection of facts available
with respect to FRSS;
- the reliance by the DOC on information containe d in the complaint for the establishment of
the margin of dumping and anti-dumping duty of FRSS.
 The EC is concerned that the above-mentione d measures, dumping determinations and anti-
dumping duty appear to be, in several respects, not in conformity with the obligations of the United
States under the GATT and the ADA, in particular under:

- Articles 1, 6 (including paragraphs 6, 8 and 13) and Annex II ADA,

- Articles VI:1 and VI:2 of the GATT,
- Article 18.4 ADA and Article XVI:4 of the WTO Agreement.
 We reserve the right to raise additional claims and legal issues regarding the above-mentioned
matters during the course of the consultations.

 We look forward to receiving your reply to this request and to setting a mutually convenient
date for these consultations.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from Canada
Date: 22 November 2004
Document codes: WT/DS320/2
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from Canada

 The following communication, dated 17 Nove mber 2004, from the delegation of Canada to
the delegation of the United States, the delega tion of the European Communities and to the
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), the Government of Canada here by notifies its desire to be joined in
the consultations requested of the United Stat es ("US") by the European Communities ("EC")
pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 and Article 4 of the
DSU. The EC has requested consultations on th e US' continued suspension of certain of its
concessions and related obligations further to a 26 July 1999 decision of the Dispute Settlement Body
("DSB") authorizing such suspension. The releva nt communication from the delegation of the EC to
the delegation of the US, dated 8 November 2004, was circulated to WTO Members on
10 November 2004 ().

 Canada has a direct and substantial trade interest in these consultations. Canada has
suspended concessions and related obligations pursuant to the same 26 July 1999 DSB decision,
which the EC has also challenged. Therefore, Canada requests to be joined in these consultations.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from Australia
Date: 22 November 2004
Document codes: WT/DS320/3
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from Australia

 The following communication, dated 19 Novemb er 2004, from the delegation of Australia to
the delegation of the United States, the delega tion of the European Communities and to the
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 I refer to the "Request for Consultations by the European Communities" regarding the
continued suspension of obligations in the EC – Hormones dispute, made on 8 November 2004,
pursuant to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994") and
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU") which was circulated to Members on 10 November 2004 ( refers).

 Australia was a third party to the EC – Hormones dispute that gave rise to the suspension of
concessions and other obligations that are the subj ect of these consultations. In addition, as a
significant exporter, both globally and to the US mark et, of a number of products that are subject to
punitive import duties imposed by the US on imports from the EC, notably beef products, Australia
has a substantial trade interest in the consultations requested by the European Communities. Australia
hereby notifies, pursuant to Article 4.11 of the DSU, its desire to be joined in the consultations
between the European Communities and United States.

 Australia looks forward to receiving your reply.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Request to Join Consultations Communication from Mexico
Date: 23 November 2004
Document codes: WT/DS320/4
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Request to Join Consultations

Communication from Mexico

 The following communication, dated 19 Novemb er 2004, from the delegation of Mexico to
the delegation of the United States, the delega tion of the European Communities and to the
Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

 Pursuant to Article 4.11 of the Understa nding on Rules and Procedures Governing the
Settlement of Disputes (DSU), I hereby notify Mexico's substantial trade interest and its desire to be
joined in the consultations re quested by the European Commun ities regarding the United States'
continued suspension of concessions and other obligations under the covered agreements in European
Communities – Measures Concerning Meat and Meat Products (Hormones).
UNITED STATES - CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC - HORMONES DISPUTE
Document: Acceptance by the United States of the Request to Join Consultations Australia, Canada and Mexico notified the Dis pute Settlement Body (DSB) of their desire to be joined in the consultations requested by the Eu ropean Communities, pursuant to Article 4.11 of the DSU. The delegation of the United States informed  the DSB that it had accepted the request of Canada to join the consultations. ÉTATS-UNIS - MAINTIEN DE LA SUSPENSION D'OBLIGATIONS
Date: 16 December 2004
Document codes: WT/DS320/5
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES - CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC - HORMONES DISPUTE

Acceptance by the United States of the Request to Join Consultations

 Australia, Canada and Mexico notified the Dis pute Settlement Body (DSB) of their desire to
be joined in the consultations requested by the Eu ropean Communities, pursuant to Article 4.11 of the
DSU.

 The delegation of the United States informed the DSB that it had accepted the request of
Canada to join the consultations.

ÉTATS-UNIS - MAINTIEN DE LA SUSPENSION D'OBLIGATIONS

ESTADOS UNIDOS - MANTENIMIENTO DE LA SUSPENSIÓN DE
OBLIGACIONES EN LA DIFERENCIA CE - HORMONAS

 Australia, el Canadá y México notificaron al Órgano de Solución de Diferencias (OSD), de
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Constitution of the Panel Established at the Request of the European Communities Note by the Secretariat
Date: 7 June 2005
Document codes: WT/DS320/7; WT/DS320/6; WT/DS320/6
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS
IN THE EC – HORMONES DISPUTE

Constitution of the Panel Established at the Request of the European Communities

Note by the Secretariat

1. At its meeting on 17 February 2005, the Dis pute Settlement Body (DSB ) established a panel
pursuant to the request of the European Communities in document , in accordance with
Article 6 of the DSU (WT/DSB/M/183).

2. The Panel's terms of reference are the following:

"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities in document , the matter referred to the
DSB by the European Communiti es 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 27 May 2005, the European Communities requ ested 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 com position of the panel by appointing the
panelists whom the Director-General consid ers 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 th e dispute, after consulting with the parties
to the dispute. The Chairman of th e 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."
4. On 6 June 2005, the Director-General accordingly composed the Panel as follows:

Chairman: Mr Tae-yul Cho

 Members: Mr William Ehlers
 Ms Claudia Orozco

5. Australia, Brazil, Canada, China, India, Me xico, New Zealand, Norway and Chinese Taipei,
have reserved their rights to participate in the Panel proceedings as a third party.
UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE EC – HORMONES DISPUTE
Document: Communication from the Chairman of the Panel
Date: 23 January 2006
Document codes: WT/DS320/9
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Taiwan, India, Mexico, New Zealand, Norway
Dispute stage: Appellate Body
Agreements cited: Art. I, II  GATT 1994Art. 3.7, 22, 23.1, 23.2, 21.5  Dispute Settlement Understanding (DSU)

UNITED STATES – CONTINUED SUSPENSION OF OBLIGATIONS IN THE
EC – HORMONES DISPUTE

Communication from the Chairman of the Panel

 The following communication, dated 20 January 2006, addressed to the Chairman of the
Dispute Settlement Body (DSB), is circulated in accordance with Article 12.9 of the Dispute
Settlement Understanding (DSU).

 Article 12.8 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (DSU) provides that the period in which a pa nel 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 Settle ment 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 in (WT/DS320) was established by the DSB on 17 February 2005 and composed on
6 June 2005.

 Due to the complexity of the dispute, and th e administrative and procedural matters involved,
the Panel is not able to complete its work in six months. Based on the current assessment of the
process, the Panel would expect to issue its final report to the parties in the course of October 2006.