dean22029/WTO_Docs huggingface dataset:
BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Second Recourse by Canada to Article 21.5 of the DSU Constitution of the Panel Note by the Secretariat
Date: 22 February 2001
Document codes: WT/DS46/27; WT/DS46/26.; WT/DS46/26
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Second Recourse by Canada to Article 21.5 of the DSU
Constitution of the Panel
Note by the Secretariat
1. At its meeting on 16 February 2001, 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 Canada 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 Canada in document , the matter referred to the DSB by Canada 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. Dariusz Rosati
Members: Mr. Akio Shimizu
Mr. Kajit Sukhum
4. Australia, the European Communities, Korea and the United States have reserved their third
party rights.
BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Second Recourse by Canada to Article 21.5 of the DSU Communication from the Chairman of the Panel
Date: 18 May 2001
Document codes: WT/DS46/28
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Second Recourse by Canada to Article 21.5 of the DSU
Communication from the Chairman of the Panel
The following communication, dated 16 May 2001 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 within 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 on 16 February 2001, the DSB decided, in accordance with Article 21.5, to
refer to the original panel the matter raised by Canada in I wish to inform you that, due
to the complexity of the matter before it, the Pane l will not be able to circulate its report to the
Members within the 90 days provided for in the DSU.
The Panel expects to be able to circulate its report to Members by the end of July 2001.
BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Panel Report pursuant to Article 21.5 of the DSU Action by the Dispute Settlement Body
Date: 28 August 2001
Document codes: WT/DS46/29
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Panel Report pursuant to Article 21.5 of the DSU
Action by the Dispute Settlement Body
At its meeting on 23 August 2001, the Dispute Settlement Body adopted the Panel Report on
" – Second Recourse by Canada to Article 21.5 of
the DSU".
BRÉSIL – PROGRAMME DE FINANCEMENT DES EXPORTATIONS
POUR LES AÉRONEFS
Rapport du Groupe spécial au titre de l'article 21:5 du Mémorandum
différends".
BRASIL - PROGRAMA DE FINANCIACIÓN DE LAS EXPORTACIONES
PARA AERONAVES
del artículo 21 del ESD
Actuación del Órgano de Solución de Diferencias
En su reunión de 23 de agosto de 2001, el Órgano de Solución de Diferencias adoptó el
BRAZIL - EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 6 September 1999
Document codes: WT/DS46/10; WT/DS46/AB/R; WT/DS46/R
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL - EXPORT FINANCING PROGRAMME FOR 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 "" () and the panel report
(), as modified by the Appellate Body report. The panel report should be read in
conjunction with the Appellate Body report.
BRÉSIL - PROGRAMME DE FINANCEMENT DES EXPORTATIONS
POUR LES AÉRONEFS
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
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
BRASIL - PROGRAMA DE FINANCIACIÓN DE LAS EXPORTACIONES
DE AERONAVES
Actuación del Órgano de Solución de Diferencias
En su reunión de 20 de agosto de 1999, el Órgano de Solución de Diferencias adoptó
BRAZIL - EXPORT FINANCING PROGRAMME FOR 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 "Brazil - Export Financing Programme for Aircraft - Recourse by Canada to Article 21.5 of the DSU" (WT/DS46/AB/RW) and the panel report (WT/DS46/RW), as modified by the Appellate Body report. The panel report should be read in conjunction with the Appellate Body report. BRÉSIL - PROGRAMME DE FINANCEMENT DES EXPORTATIONS POUR LES AÉRONEFS 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 " Brésil - Programme de financement des exportations pour les aéronefs - Recours du Canada à l'article 21:5 du Mémorandum d'accord sur le règlement des différends "
Date: 14 August 2000
Document codes: WT/DS46/24; WT/DS46/AB/RW; WT/DS46/RW
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL - EXPORT FINANCING PROGRAMME FOR 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 Canada to Article 21.5 of the DSU"
() and the panel report (), as modified by the Appellate Body report.
The panel report should be read in conjunction with the Appellate Body report.
BRÉSIL - PROGRAMME DE FINANCEMENT DES EXPORTATIONS
POUR LES AÉRONEFS
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
l'Organe d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
BRASIL - PROGRAMA DE FINANCIACIÓN DE LAS EXPORTACIONES
PARA AERONAVES
Informe del Órgano de Apelación e informe del Grupo Especial de conformidad
Actuación del Órgano de Solución de Diferencias
de Apelación titulado " Brasil - Programa de financiación de las exportaciones para aeronaves -
BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Recourse by Canada to Article 22.7 of the DSU and Article 4.10 of the SCM Agreement
Date: 1 December 2000
Document codes: WT/DS46/25
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Recourse by Canada to Article 22.7 of the DSU
and Article 4.10 of the SCM Agreement
The following communication, dated 30 November 2000, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is being circulated pursuant to Article 22.7
of the DSU and Article 4.10 of the SCM Agreement.
Canada requests that the following item be placed on the agenda of the Dispute Settlement
Body (DSB) meeting to be held on 12 December 2000:
: Recourse by Canada to
Article 22.7 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU) and Article 4.10 of the Agreement on Subsidies and
Countervailing Measures (the SCM Agreement)
On 22 May 2000, Canada requested authorization from the DSB to take appropriate
countermeasures against Brazil pursuant to Article 4.10 of the SCM Agreement and Article 22.2 of
the DSU. Brazil objected to Canada's proposed level of suspension and the matter was referred to
arbitration pursuant to Article 22.6 of the DSU.
In their award of 28 August 2000 (), the Arbitrators decided that: "the
suspension by Canada of the application to Brazil of tariff concessions or other obligations under
GATT 1994, the Agreement on Textiles and Clothing and the Agreement on Import Licensing
Procedures covering trade in a maximum amount of C$344.2 million per year would constitute
appropriate countermeasures within the meaning of Article 4.10 of the SCM Agreement".
At the meeting of the DSB on 12 December 2000, Canada intends to request, pursuant to
Article 22.7 of the DSU and Article 4.10 of the SCM Agreement, authorization from the DSB to
suspend the application to Brazil of tariff concessions or other obligations under GATT 1994, the
Agreement on Textiles and Clothing and the Ag reement on Import Licensing Procedures covering
trade in a maximum amount of C$344.2 million per year.
BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Document: Request by Brazil for Arbitration under Article 22.6 of the DSU and Article 4.11 of the SCM Agreement
Date: 9 June 2000
Document codes: WT/DS46/18
Complainant: Canada
Respondent: Brazil
Third parties: Australia, EU, South Korea, U.S.
Dispute stage: Retaliation & Arbitration
Agreements cited: Art. XVI  GATT 1994Art. 3, 27  Subsidies and Countervailing Measures (SCM)

BRAZIL – EXPORT FINANCING PROGRAMME FOR AIRCRAFT
Request by Brazil for Arbitration under Article 22.6 of the DSU
and Article 4.11 of the SCM Agreement
The following communication, dated 7 June 2000, from the Permanent Mission of Brazil to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the DSU and
Article 4.11 of the SCM Agreement.
At the meeting of the Dispute Settlement Body (DSB) on 22 May 2000, Brazil pointed out
that given the DSU inconsistencies concerning the sequence of Articles 21.5 and 22.6, Brazil was
forced to request, pursuant to Article 22.6 of the DSU, that the matter discussed under the agenda item
" – Recourse by Canada to Article 4.10 of the SCM
Agreement and Article 22.2 of the DSU ()" be referred to arbitration. Brazil also noted
that the Article 21.5 panel report was not yet adopted by the DSB and that, in fact, Brazil had just
appealed the findings contained in that report. At that time, therefore, there was no legal
determination of nullification or impairment, if any, suffered by Canada as a result of the
implementation measures adopted by Brazil. Consequently, Brazil had to object to the level of
suspension of concessions proposed by Canada, which was entirely arbitrary.
Brazil hereby confirms the objection to the level of suspensions proposed by Canada;
maintains that the principles and procedures set out in Article 22.3 have not been followed; and
upholds the request made at the DSB meeting on 22 May 2000 that the matter at issue is referred to
arbitration.
TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Document: Request for Consultations by Thailand
Date: 26 June 1996
Document codes: WT/DS47/1; G/L/88
Complainant: Thailand
Respondent: Turkey
Dispute stage: Consultation
Agreements cited: Art. I, II, XI, XIII, XXIV  GATT 1994Art. 2  Textiles and Clothing

TURKEY - RESTRICTIONS ON IMPORTS OF TEXTILE AND CLOTHING PRODUCTS
Request for Consultations by Thailand
The following communication, dated 20 June 1996, from the Permanent Mission of Thailand
to the Permanent Mission of Turkey and to the Dispute Settlement Body, is circulated in accordance
with Article 4.4 of the DSU.
My authority has instructed me to request consultations with the Government of Turkey under
Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and pursuant to
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU),
regarding the unilateral imposition of quantitative restrictions by Turkey on imports of a broad range
of textile and clothing products from Thailand as from 1 January 1996.
Thailand considers that the restrictions are in contravention with many provisions of the
Agreements under the (WTO), including, but not limited to, Article I,
Article II, Article XI, Article XIII, and are not justified under Article XXIV of the GATT 1994. In
addition, Thailand also considers that the restrictions are inconsistent with Turkey's obligations under
Article 2 of the Agreement on Textiles and Clothing (ATC). The restrictions, therefore, constitute
prima facie nullification and impairment of the benefits of Thailand under these and other related
Agreements under the WTO.
EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES) Request to Join Consultations Communication from Australia
Date: 22 July 1996
Document codes: WT/DS48/2
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Request to Join Consultations
Communication from Australia
The following communication, dated 16 July 1996, from the Permanent Mission of Australia
to the Permanent Mission of Canada, the Permanent Delegation of the European Commission 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 Government of Australia wishes
to be joined inthe consultationsunder ArticleXXII of the General Agreement onTariffs and Trade 1994
requested by the Government of Canada regarding the European Communities' Council Directive
Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action and related
measures. The Government of Canada's request was circulated to WTO Members on 8 July 1996

Australia, as the world's largest beef exporter and with a significant meat export trade to the
European Union, considers that it has a substantial trade interest in these consultations.
EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES) Request to Join Consultations Communication from the United States
Date: 23 July 1996
Document codes: WT/DS48/3
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Request to Join Consultations
Communication from the United States
The following communication, dated 17 July 1996, from the Permanent Mission of the United
States to the Permanent Mission of Canada, the Permanent Delegation of the European Commission
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 Dispute Settlement Body
that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations requested by Canada in a communication circulated to WTO Members on 8 July 1996
() entitled"EuropeanCommunities- Measures AffectingLivestockandMeat (Hormones)".
The United States has a substantial trade interest in the matter that is the subject of the Canadian
request. The EC measures at issue have severely disrupted exports of U.S. meat to the European
Communities. The measures formed the basis of separate consultations requested by the United States
Government in a communication circulated to WTO Members on 31 January 1996 () and
are currently the subject of review by a dispute settlement panel established on 20 May 1996 by the
Dispute Settlement Body at the request of the United States.
EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES) Request to Join Consultations Communication from New Zealand
Date: 23 July 1996
Document codes: WT/DS48/4
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES AFFECTING
LIVESTOCK AND MEAT FROM LIVESTOCK (HORMONES)
Request to Join Consultations
Communication from New Zealand
The following communication, dated 18 July 1996, from the Permanent Mission of New Zealand
to the Permanent Mission of Canada, the Permanent Delegation of the European Commission 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 Government of New Zealand wishes
to be joined in the consultations under Article XXII of the General Agreement on Tariffs and Trade
1994 requested by the Government of Canada regarding the European Communities' Council Directive
Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action and related
measures. Canada's request was circulated to WTO Members on 8 July 1996 ().
New Zealand considers that it has a substantial trade interest in these consultations.
EUROPEAN COMMUNITIES - MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Constitution of a Panel Established at the Request of Canada Note by the Secretariat
Date: 12 November 1996
Document codes: WT/DS48/6; WT/DS48/5.; WT/DS48/5
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Constitution of a Panel Established at the Request of Canada
Note by the Secretariat
1. At its meeting on 16 October 1996, the DSB established a panel in accordance with the request
made by Canada in document
2. At that DSB meeting, parties agreed that the 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 Canada
in document , the matter referred to the DSB by Canada 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 4 November 1996 to the following composition of the
Panel:
Chairman: Mr. Thomas Cottier
Members: Mr. Peter Palecka
Mr. Jun Yokota
Document: Communication from the Appellate Body
Date: 24 November 1997
Document codes: WT/DS48/8
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EC MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
COMPLAINT BY CANADA
Communication from the Appellate Body
The following communication, dated 21 November 1997, from the 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.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified its decision to appeal.
Article 17.5 states, furthermore, that when the Appellate Body considers that it cannot provide its report
within 60 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 submit its report.
The European Communities 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 on
24 September 1997, with the result that the 60-day period will expire on Monday, 24 November 1997.
In light of the complexity of this case, the Appellate Body will not be able to circulate its report by
24 November 1997. We estimate that the Appellate Body Report in this appeal will be circulated to
WTO Members by Tuesday, 23 December 1997.
Document: Communication from the Appellate Body
Date: 10 December 1997
Document codes: WT/DS48/9
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EC MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
COMPLAINT BY CANADA
Communication from the Appellate Body
The following communication, dated 10 December 1997, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with the
Understanding on Rules and Procedures Governing the Settlement of Disputes.
Further to my letter of 21 November 1997, and after consultation with the parties to the dispute,
I am writing to inform you that the Appellate Body will not be able to circulate its Report in this appeal
by 23 December 1997, due to the exceptional nature of this case, the time needed for translation and
the intervention of the Christmas holiday period. As a result, the Appellate Body Report in this appeal
will be circulated to WTO Members by Friday, 16 January 1998.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from the United States
Date: 20 January 2009
Document codes: WT/DS48/22
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from the United States

 The following communication, dated 16 January 2009, from the delegation of the United
States to the delegation of the European Communities, the delegation of Canada and to the Chairman
of the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.

I am writing concerning the request for consu ltations by the European Communities ("EC")
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes ("DSU") on European Communities – Measures Con cerning Meat and Meat Products
(Hormones) (" EC – Hormones "), circulated on 8 January 2009 (). Pursuant to
Article 4.11 of the DSU, my authorities have instru cted me to notify the consulting Members and the
Dispute Settlement Body of the desire of the Unite d States to be joined in these consultations. Our
desire to join these consultations is without prej udice to our view that consultations are neither
provided for nor required under Article 21.5 of the DSU.

The United States has a substantial trade interest in this matter as a major exporter of meat
and meat products to the EC. The United States has pa rticipated actively in this dispute since it began
in 1996, and Canada has participated actively in the US dispute on EC – Hormones. In addition, the
EC has also requested consultations with the United States pursuant to Article 4 of the DSU
concerning the US dispute on EC – Hormones.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from Australia
Date: 22 January 2009
Document codes: WT/DS48/23
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from Australia

 The following communication, dated 16 January 2009, from the delegation of Australia to the
delegation of the European Communities, the dele gation of Canada and to the Chairman of 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 (DSU), Australia notifies Canada that, in light of Australia's
substantial trade interest, it desires to be joined in the consultations requested by the European
Communities in the communication entitled , Recourse to Article 21.5 of the DSU by the European Communities
and circulated to WTO Members on 8 January 2009 ().

 Australia has substantial trade and commercial inte rests in this matter. In 2007, Australia was
the world's largest exporter of beef products by value, including hormone-treated beef products.
These exports were worth over US$3.7 billion in the 2007 calendar year. Australia also exports beef
products that are not hormone-treated to member states of the Eu ropean Union, worth US$91 million
in the 2007-08 financial year.

 In addition, Australia was a third party to the original EC – Hormones dispute that gave rise
to the compliance obligations that are the subject of these consultations, and was also a third party in
the closely related Canada – Continued Suspension (Hormones) (DS321) dispute.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request to Join Consultations Communication from New Zealand
Date: 22 January 2009
Document codes: WT/DS48/24
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Request to Join Consultations

Communication from New Zealand

 The following communication, dated 16 January 2009, from the delegation of New Zealand to
the delegation of the European Communities, the de legation of Canada and to the Chairman of 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 (DSU), the Government of New Zealand hereby notifies the
European Communities, the Government of Ca nada and the Dispute Settlement Body that
New Zealand desires to be joined in the consu ltations requested by the European Communities in a
communication circulated to WTO Members on 8 January 2009 ().

 New Zealand was a third party to the EC - Hormones dispute that gave rise to the suspension
of concessions that are the subject of these consulta tions and considers that it has a substantial trade
interest in the consultations requested by the European Communities.

 New Zealand looks forward to confirmation of receipt and acceptance of this request to join
the consultations and advice regarding the timing and venue for the consultations.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Recourse to Article 21.5 of the DSU by the European Communities Acceptance by Canada of the Requests to Join Consultations Australia, New Zealand and the United States no tified the Dispute Settlement Body (DSB) of their desire to be joined in the consultations re quested by Canada, pursuant to Article 4.11 of the DSU. The delegation of Canada informed the DSB th at it had accepted the requests of Australia, New Zealand and the United States to join the consultations.
Date: 10 February 2009
Document codes: WT/DS48/25
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)

Recourse to Article 21.5 of the DSU by the European Communities

Acceptance by Canada of the Requests to Join Consultations

 Australia, New Zealand and the United States no tified the Dispute Settlement Body (DSB) of
their desire to be joined in the consultations re quested by Canada, pursuant to Article 4.11 of the
DSU.

 The delegation of Canada informed the DSB th at it had accepted the requests of Australia,
New Zealand and the United States to join the consultations.

COMMUNAUTÉS EUROPÉENNES – MESURES CONCERNANT

 La délégation du Canada a informé l'ORD qu'e lle avait accepté les demandes de participation

 Australia, los Estados Unidos y Nueva Ze landia notificaron al Órgano de Solución de
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES) NOTIFICATION OF A MUTUALLY AGREED SOLUTION
Document: NOTIFICATION OF A MUTUALLY AGREED SOLUTION
Date: 3 October 2017
Document codes: WT/DS48/27; G/L/91/Add.1; G/SPS/W/71/Add.1; G/TBT/D/7/Add.1; G/AG/W/26/Add.1
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
NOTIFICATION OF A MUTUALLY AGREED SOLUTION
The following communication, dated 28 September 2017 , from the delegation of Canada and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated
pursuant to Article 3.6 of the DSU.

The Government of Canada and the European Union wish to notify the Dispute Settlement
Body, in accordance with Article 3.6 of the Under standing on Rules and Procedures Governing the
Settlement of Disputes (DSU), that they have reached a mutually agreed solution to the matters
raised by the Government of Canada in the dispute " European Communities – Measures
Concerning Meat and Meat Products (Hormones)" (WT/DS48). The Government of Canada and the
European Union concluded a Comprehensive Economic and Trade Agreement, in which they have
liberalised substantially all trade and further strengthened the economic and trade relationship
between Canada and the European Union. This enhanced cooperation and deeper understanding
was conducive for finding a mutually agreed solution and settling the dispute. The terms of the
mutually agreed solution are as follows:

1. The Government of Canada suspends all rights deriving from Articles 21.5 and 22 of
the DSU pertaining to the dispute DS48, beginning on the date of provisional
application of the Comprehensive Economic and Trade Agreement between Canada,
of the one part, and the European Union and its Member S tates, of the other part,
done at Brussels on 30 October 2016 (hereinafter referred to as "CETA"), and for as
long as CETA is provisionally applied.

2. The Government of Canada renounces all rights deriving from Articles 21.5 and 22 of
the DSU pertaining to the dispute DS48, effective on the date that the CETA enters
into force.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Recourse by Canada  to Article 22.7 of the DSU
Date: 15 July 1999
Document codes: WT/DS48/19
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Recourse by Canada to Article 22.7 of the DSU
The following communication, dated 15 July 1999, from the Permanent Mission of Canada to
the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.7 of the DSU.
Canada requests that the following item be added to the agenda of the meeting of the Dispute
Settlement Body (DSB) of 26 July 1999:
European Communities - Measures Concerning Meat and Meat Products
(Hormones), Original Complaint by Canada - Recourse by Canada to Article 22.7 of
the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU).
On 20 May 1999, Canada requested the DSB to authorize the suspension of the application to
the European Communities and its member States of tariff concessions and related obligations under
the General Agreement on Tariffs and Trade 1994 (GATT 1994). At its meeting of 3 June 1999, the
DSB referred the issue of the amount of suspension of tariff concessions and related obligations
proposed by Canada to arbitration pursuant to DSU Article 22.6.
On 12 July 1999, the Arbitrators ruled that "the level of nullification or impairment suffered
by Canada in the matter European Communities - Measures Concerning Meat and Meat Products
(Hormones) is [Canadian]$ 11.3 million per year" (, paragraph 72), and that "the
suspension by Canada of the application to the European Communities and its member States of tariff
concessions and related obligations under GATT 1994 covering trade in a maximum amount of
[Canadian]$11.3 million per year would be consistent with Article 22.4 of the DSU" (paragraph 73).
At the meeting of the DSB on 26 July 1999, Canada intends to request, pursuant to
Article 22.7 of the DSU, authorization from the DSB to suspend the application to the
European Communities and its member States, of tariff concessions and related obligations under the
GATT covering trade in the amount of Canadian $11.3 million.
EUROPEAN COMMUNITIES - MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Surveillance of Implementation of Recommendations and Rulings Request for Arbitration by the European Communities
Date: 16 April 1998
Document codes: WT/DS26/14; WT/DS48/12; G/L/235
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES - MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Surveillance of Implementation of Recommendations and Rulings
Request for Arbitration by the European Communities
The following communication, dated 8 April 1998, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request
of that delegation.
On 13 February 1998, the Dispute Settlement Body adopted recommendations and rulings in
respect of the Panel and AppellateBodyreportson“ EC - Measures Concerning Meat and Meat Products
(Hormones)” (WT/DS26, WT/DS48). On 13 March 1998, the European Communities announced
to the DSB that it would require a “ reasonable period of time” in order to fulfil its obligations under
the WTO in respect of this matter.
On 26 March 1998, pursuant to Article 21.3(b) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU), we attempted to reach agreement with Canada and the
United States on a “ reasonable period of time” for our implementation of the DSB rulings and
recommendations. A further effort to elicit a response was made on 6 April. No agreement could,
however, so far be achieved. In order to preserve the rights of the European Communities in this
case under the DSU, we hereby request that the “ reasonable period of time” be determined by binding
arbitration pursuant to Article 21.3(c) of the DSU.
Pursuant to footnote 12 to the DSU, we will open discussions with Canada and the United
States with a view to achieving agreement on an Arbitrator within the next ten days.
Please circulate this request to Members of the Dispute Settlement Body and request the
Secretariat to notify the Council for Trade in Goods.
EUROPEAN COMMUNITIES – MEASURES CONCERNING MEAT AND MEAT PRODUCTS (HORMONES)
Document: Request by the European Communities for Arbitration under Article 22.6 of the DSU
Date: 9 June 1999
Document codes: WT/DS48/18; WT/DS48/17.
Complainant: Canada
Respondent: EU
Third parties: Australia, New Zealand, Norway, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 4  AgricultureArt. 2, 3, 5  Sanitary and Phytosanitary Measures (SPS)Art. 2  Technical Barriers to Trade (TBT)Art. III, XI  GATT 1994Art. 5  Technical Barriers to Trade (TBT)

EUROPEAN COMMUNITIES – MEASURES CONCERNING
MEAT AND MEAT PRODUCTS (HORMONES)
Request by the European Communities for Arbitration
under Article 22.6 of the DSU
The following communication, dated 2 June 1999, from the Permanent Delegation of the
European Commission to the Chairman of the Disp ute Settlement Body, is circulated pursuant to
Article 22.6 of the DSU.
My authorities have requested me to inform you that, pursuant to Article 22.6 of the DSU, the
European Communities object to the level of suspension proposed by Canada in document
 The European Communities believe that the figure of Canadian $75 million of annual
trade proposed by Canada is far higher than the actual level of nullification or impairment of benefits
suffered by this Member because of the measures on meat and meat products maintained by the
European Communities. The European Communities, therefore, request that this matter be referred to
arbitration.
The European Communities also ask the arbitrat ors to request Canada to submit a list with
proposed suspension of concessions equivalent to the level of nullification or impairment once this
has been determined by the arbitrators in accordance with Article 22.7 of the DSU in conjunction with
Article 22.4 of the DSU.
UNITED STATES - ANTI-DUMPING INVESTIGATION REGARDING IMPORTS OF FRESH OR CHILLED TOMATOES FROM MEXICO
Document: Request for Consultations by Mexico
Date: 8 July 1996
Document codes: WT/DS49/1; G/ADP/D2/1; G/L/90
Complainant: Mexico
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. 2, 3, 5, 6, 7.1  Anti-dumpingArt. VI, X  GATT 1994

UNITED STATES - ANTI-DUMPING INVESTIGATION REGARDING
IMPORTS OF FRESH OR CHILLED TOMATOES FROM MEXICO
Request for Consultations by Mexico
The following communication, dated 1 July 1996, from the Permanent Mission of Mexico to
the Permanent Mission of the United States is circulated in accordance with Article 4.4 of the DSU.
Acting on instructions from the proper authorities of the Government of Mexico, I hereby request
you to hold formal consultations pursuant to Article 17.3 of the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade 1994 (hereinafter the "Anti-Dumping
Agreement") and Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (hereinafter the Dispute Settlement Understanding) of the .
The consultations requested refer to the anti-dumping investigation being undertaken, at the
request of a party, by your Government's authorities into United States imports of fresh or chilled
tomatoes of any kind for retail from Mexico. In the view of Mexico, the investigation in question
is inconsistent with the United States' obligations under the WTO with respect to, at least, the principle
of non-discriminatory treatment in international trade and Articles VI and X of GATT 1994, as well
as Articles 2, 3, 5, 6 and 7.1 of the Anti-Dumping Agreement.
As fresh or chilled tomatoes of any kind for retail are perishable goods, Mexico considers that
the consultations in question and, as the case may be, the remainder of the dispute settlement procedure
should be carried out on an urgent basis in accordance with the provisions of Article 4.8 and 4.9 of
the Dispute Settlement Understanding of the .
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Request for Consultations by the United States
Date: 9 July 1996
Document codes: WT/DS50/1; IP/D/5
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Request for Consultations by the United States
The following communication, dated 2 July 1996, from the Permanent Mission of the United
States to the Permanent Mission of India and the Dispute Settlement Body is circulated pursuant to
paragraph 4 of the DSU.
My authorities have instructed me to request consultations with the Government of India pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes ("DSU")
and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights ("TRIPS")
(to extent that it incorporates by reference Article XXII of the General Agreement on Tariffs and Trade
1994) regarding the absence in India of either patent protection for pharmaceutical and agricultural
chemical products or formal systems that permit the filing of patent applications for pharmaceutical
and agricultural chemical products and that provide exclusive marketing rights in such products.
The TRIPS Agreement obligates all Members of the ("WTO") that
do not provide product patent protection for pharmaceutical and agricultural chemicals on the date
of entry into force of the WTO Agreement (1 January 1995), to establish a means by which applications
for patent for such inventions can be filed and a system by which such applications will be examined
when those Members provide protection consistent with Article 27 of the TRIPS Agreement. It also
obligates such Members to establish a system whereby exclusive marketing rights will be granted in
products that are the subject of such an application, subject to certain stated requirements. These
obligations were to be fulfilled as of the date of entry into force of the WTO Agreement.
India's laws currently do not provide product patent protection for pharmaceutical or agricultural
chemical inventions, or systems that conform to Articles 70.8 and 70.9 of the TRIPS Agreement, with
regard to the filing and examination of applications and the grant of exclusive marketing rights. As
a result, India's legal regime appears to be inconsistent with India's obligations under the TRIPS
Agreement, including but not necessarily limited to Article 27, 65, and 70 of the Agreement.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Original: English INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS Request to Join Consultations Communication from the European Communities
Date: 22 July 1996
Document codes: WT/DS50/2
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Request to Join Consultations
Communication from the European Communities
The following communication, dated 10 July 1996, from the Permanent Delegation of the
European Commission to the Permanent Mission of India, the Permanent Mission of the United States
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governingthe Settlement of Disputes(DSU), the European Communities and their Member
States wish to be included in the consultations under Article 64.1 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights in conjunction with Article XXII:1 of GATT 1994 requested
by the United States by a communication circulated to WTO Members on 9 July 1996 (Doc. no
 and ). these consultations concern the absence in the Republic of India of either
legislation permitting patent protection for pharmaceutical and agricultural chemical products or legislation
setting up a system to permit the filing of applications for pharmaceutical and agricultural chemical
product patents and a system to grant exclusive marketing rights in such products.
The European pharmaceutical and agro-chemical industry has important export interests in
the Indian market. The actual amount of these interests is, at this stage, difficult to evaluate because
the Republic of India does not provide for either patent protection or the above-mentioned filing and
marketing systems.