EUROPEAN UNION – ANTI-DUMPING MEASURES ON BIODIESEL FROM ARGENTINA COMMUNICATION CONCERNING ARTICLE 21.3(B) UNDERSTANDING BETWEEN ARGENTINA AND THE EUROPEAN UNION REGARDING PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
Document: Agreed Procedures
Date: 14 August 2017
Document codes: WT/DS473/18
Complainant: Argentina
Respondent: EU
Third parties: Australia, China, Malaysia, Norway, Russia, Saudi Arabia, Turkey, U.S., Colombia, Indonesia, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. 2.2  Anti-dumpingArt. VI:1  GATT 1994Art. 2.2.1.1, 9.3, 2, 18.4  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 2.1, 2.2.2(iii), 2.4  Anti-dumpingArt. VI:2  GATT 1994Art. 3.1, 3.4, 3.5, 1  Anti-dumpingArt. VI  GATT 1994

EUROPEAN UNION – ANTI-DUMPING MEASURES ON BIODIESEL
FROM ARGENTINA
COMMUNICATION CONCERNING ARTICLE 21.3(B)
UNDERSTANDING BETWEEN ARGENTINA AND THE EUROPEAN UNION REGARDING
PROCEDURES UNDER ARTICLES 21 AND 22 OF THE DSU
The following communication, dated 9 August 2017, from the delegation of Argentina and the
delegation of the European Union to the Chairperson of the Dispute Settlement Body, is circulated
at the request of these delegations.

The European Union and Argentina would like t o inf orm the Dispute Settlement Body of the
attached "Agreed Modification to the Reasonable Period of Time and Agreed Procedures under
Articles 21 and 22 of the Dispute Settlement Understanding " between the European Union and
Argentina with respect to the dispute European Union — Anti-Dumping Measures on Biodiesel from
Argentina (DS473).

We reque st that you please circulate the attached agreement to the Members of the
Dispute Settlement Body.

Agreed Modification to the Reasonable Period of Time and Agreed Procedures under
Articles 21 and 22 of the Dispute Settlement Understanding
The Dispute Settlement Body ( "DSB") adopted its recommendations and rulings in the dispute
European Union — Anti-Dumping Me asures on Biodiesel from Argentina (DS473) on
26 October 2016.
Pursuant to Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ( "DSU"), Argentina and the European Union ( "EU") originally agreed that
the reasonable period of time ("RPT") to implement the DSB recommendations and rulings would
be 9 months and 15 days, expiring on 10 August 2017 (). With this notification,
Argentina and the EU inform the DSB that they have mutually agreed to modify the RP T to expire
on 28 September 2017.
In order to facilitate a satisfactory solution to the dispute, Argentina and the EU ( collectively, "the
parties") have agreed on the following procedures for the exclusive purposes of this dispute. They
are designed to red uce the scope for procedural disputes and are without prejudice to either
party's views on the correct interpretation of the DSU:
1. Should Argentina consider that the situation described in Article 21.5 of the DSU exists at
the end of the RPT on 28 September 2017 , Argentina may request consultations with the
EU. The Parties agree to hold such consultations within 20 days from the date of receipt of
the request. After this 20-day period has elapsed, Argentina may request the
establishment of a panel pursuant to Article 21.5 of the DSU at any time.
2. At the first DSB meeting at which Argentina's request for the establishment of an
Article 21.5 panel appears on the agenda, the EU shall accept the establishment of that
panel.
3. The parties shall cooperate to enable the Article 21.5 panel to circulate its report within
90 days of the panel 's establishment, excluding such time during which the panel 's work
may be suspended pursuant to Article 12.12 of the DSU.
4. Either party may request the DSB to adopt the report of the Article 21.5 panel at a
DSB meeting held at least 20 days after the circulation of the report to the Members
unless either party appeals the report.
5. In the event of an appeal of the Article 2 1.5 panel report, the parties shall cooperate to
enable the Appellate Body to circulate its report to the Members within 90 days from the
date of notification of the appeal to the DSB. Further, either party may request the DSB to
adopt its recommendations and rulings at a DSB meeting held within 30 days of the
circulation of the Appellate Body report to the Members.
6. Argentina may request authorization to suspend concessions or other obligations pursuant
to Article 22.2 of the DSU in the event that the DSB rules as a result of a proceeding under
Article 21.5 of the DSU that a measure taken to comply does not exist or is inconsistent
with a covered agreement. Argentina may also request authorization to suspend
concessions or other obligations pursuant to Ar ticle 22.2 if the situation described in
Article 21.5 of the DSU does not exist, including when in the course of ongoing
proceedings under Article 21.5 of the DSU it becomes apparent that neither party disputes
the inexistence or inconsistency with the covered agreements of measures taken to comply
with the DSB recommendations and rulings. The EU shall not assert that Argentina is
precluded from obtaining such DSB authorization because its request was made outside
the time period specified in the first sent ence of Article 22.6 of the DSU. This is without
prejudice to the EU's right to have the matter referred to arbitration in accordance with
Article 22.6 of the DSU.
7. If Argentina requests authorization to suspend concessions or other obligations pursuant to
Article 22.2 of the DSU, the EU shall have the right to object under Article 22.6 of the DSU
to the level of suspension of concessions or other obligations and/or claim that the
principles and procedures set forth in Article 22.3 of the DSU have not bee n followed. In

the event of such objection, the matter will be referred to arbitration pursuant to
Article 22.6 of the DSU.
8. The parties will cooperate to enable the arbitrator under Article 22.6 of the DSU to
circulate its decision within 60 days of the referral to arbitration.
9. If any of the original panellists is not available for either the Article 21.5 compliance panel
or the Article 22.6 arbitration (or both), or any person serving in such proceeding becomes
unavailable to serve, the parties will promptly consult on a replacement, and either party
may request the Director General of the WTO to appoint, within ten days of being so
requested, a replacement for the proceeding or proceedings in which a replacement is
required. If an original panellist is unavailable to serve in either of the proceedings, or a
person serving in such proceeding becomes unavailable to serve, the parties will further
request that, in making this appointment, the Director General seek a person who will be
available to act in both proceedings.
10. The parties will continue to cooperate in all matters related to these agreed procedures
and agree not to raise any procedural objection to any of the steps set out herein. If,
during the application of these procedures, the parties consider that a procedural aspect
has not been properly addressed in these procedures, they will endeavour to find a
solution within the shortest time possible that will not affect the other a spects and steps
agreed herein.