Document: WT/DS353/R Page C-1 BCI deleted, as indicated [***] ANNEX C WORKING PROCEDURES OF THE PANEL Contents Page Annex C United States — Measures Affecting Trade in Large Civil Aircraft — Second Complaint , (WT/DS353), Working Procedures of the Panel, 13 September 2007
Date: 13 September 2007
Document codes: WT/DS353/R
Complainant: EU
Respondent: U.S.
Third parties: Australia, Brazil, Canada, China, Japan, South Korea
Dispute stage: Implementation & Compliance
Agreements cited: Art. 3.1, 3.2, 5, 6.3, 1.1, 2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994

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ANNEX C

WORKING PROCEDURES OF THE PANEL

Contents Page
Annex C United States — Measures Affecting Trade in Large Civil Aircraft
— Second Complaint , (WT/DS353), Working Procedures of the
Panel, 13 September 2007
C-2

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ANNEX C

UNITED STATES — MEASURES AFFECTING TRADE IN
LARGE CIVIL AIRCRAFT — SECOND COMPLAINT –
WORKING PROCEDURES FOR THE PANEL

(revised 13 September 2007)

1. In its proceedings the Panel shall follow the relevant provisions of the Dispute Settlement
Understanding (DSU). In addition, the following working procedures shall apply.
2. The Panel shall conduct its internal deliberations in closed session. The parties to the dispute,
and interested third parties, shall be present at m eetings only when invited by the Panel to appear
before it. The Panel may open its meetings with the parties to the public, subject to appropriate
procedures to be adopted by the Panel after consulti ng with the parties. The Panel may open the third
party session of its first substantive meeting to th e public, subject to appropriate procedures to be
adopted by the Panel after consulting with the parties and third parties.
3. The deliberations of the Panel and the documents submitted to it shall be kept confidential.
Nothing in the DSU shall preclude a party to a dis pute from disclosing statements of its own positions
to the public. Members shall treat as confidentia l information submitted by another Member to the
Panel which that Member has designated as confid ential. Where a party to a dispute submits a
confidential version of its written submissions to th e Panel, it shall also, upon request of a Member,
provide a non-confidential summary of the informa tion contained in its subm issions that could be
disclosed to the public.
4. The Panel may adopt special procedures for the pr otection of certain confidential information
as an annex to these working procedures, following consultation with and opportunity for comment by
the parties on any proposed procedures.
5. Before the first substantive meeting of the Pane l with the parties, the parties to the dispute
shall transmit to the Panel written submissions in which they present the facts of the case, their
arguments and their counter-arguments, respectively.
6. At its first substantive meeting with the parties, the Panel shall ask the European
Communities to present its case. Subsequently, and at the same meeting, the United States will be
asked to present its point of view. The parties will then be allowed an opportunity for final statements,
with the European Communities prese nting its statement first. Third parties will be asked to present
their views thereafter at the separate session of th e same meeting set aside for that purpose. Upon
request, the parties will be allowed an opportunity to make written comments on the views presented
by the third parties at this separate session.
7. All third parties which have notified their interest in the dispute to the Dispute Settlement Body
shall be invited in writing to present their views during a session of the substantive meeting of the Panel
set aside for that purpose. All such third parties may be present during the entirety of this session.
8. Formal rebuttals shall be made at a second substantive meeting of the Panel. The United
States shall have the right to take the floor first, to be followed by the Eu ropean Communities. The
parties shall submit, prior to that meeting, written rebuttals to the Panel.
9. The Panel may at any time put questions to the parties and to the third parties and ask them
for explanations either in the course of the substa ntive meeting or in writing. Answers to questions

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shall be submitted in writing by the date(s) specified by the Panel. Answers to questions after the first
meeting shall be submitted in writing at the sa me time as the written rebuttals, unless the Panel
specifies a different deadline.
10. The parties to the dispute and any third party i nvited to present its views shall make available
to the Panel and the other party or parties a written ve rsion of their oral statements, preferably at the
end of the meeting, and in any event not later than the day following the meeting. Parties and third
parties are encouraged to provide the Panel and ot her participants in the meeting with a provisional
written version of their oral statements at the time the oral statement is presented.
11. In the interest of full transparency, the presentations, rebuttals and statements shall be made in
the presence of the parties. Moreover, each party's written submissions, including responses to
questions put by the Panel, shall be made available to the other party.
12. The parties should provide the Secretariat w ith an executive summary of the claims and
arguments contained in their written submissions and oral presentations. These executive summaries
will be used by the Secretariat onl y for the purpose of assisting the Secretariat in drafting a concise
arguments section of the Panel report so as to facilita te timely translation and circulation of the Panel
report to the Members. They shall not serve in any way as a substitute for the submissions of the
parties. The summaries of the first written s ubmission and rebuttal written submission shall be
limited to twenty (20) pages each, and the summaries of the oral statements at the meetings will be
limited to five (5) pages each. The Panel may vary these page limits. Third parties are requested to
provide the Panel with executive summaries of thei r written submissions and oral presentations, of no
more than five (5) pages each. The executive summaries shall be su bmitted to the Secretariat within
ten days of the original submission or presentation concerned. Paragraph 18 shall apply to the service
of executive summaries.
13. A party shall submit any request for preliminary ruling not later than its first submission to
the Panel. If the complaining party requests such a ruling, the respondent shall submit its response to
the request in its first submission. If the respondent requests such a ruling, the complaining party
shall submit its response to the request prior to the fi rst substantive meeting of the Panel, at a time to
be determined by the Panel in light of the request . Exceptions to this procedure will be granted upon
a showing of good cause.
14. Each party shall submit all factual evidence to the Panel no later than during the first
substantive meeting, except with respect to evidence necessary for pur poses of rebuttals or answers to
questions. Exceptions to this procedure will be granted upon a showing of good cause. The other
party shall be accorded a period of time for co mment, as appropriate, on any new factual evidence
submitted after the first substantive meeting.
15. The parties to the dispute have the right to determine the composition of their own
delegations. The parties shall have the responsibilit y for all members of their delegations and shall
ensure that all members of the delegation act in accordance with the rules of the DSU and the
Working Procedures of this Panel, particularly in regard to confidentiality of the proceedings. The
parties as well as third parties shall provide a list of their delegation before each meeting to the
Secretary to the Panel, Mr. Hiromi Yano (e-mail: hiromi.yano@wto.org ).
16. To facilitate the maintenance of the record of the dispute, and to maximize the clarity of
submissions, in particular the refe rences to exhibits submitted by pa rties, parties shall sequentially
number their exhibits throughout the course of the di spute. For example, exhibits submitted by the
European Communities could be numbered EC-1, EC-2, et c. If the last exhibit in connection with the
first submission was numbered EC-5, the first exhibit of its next submission thus would be numbered
EC-6.

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17. Following issuance of the interim report, the par ties shall have the time, as established by the
timetable of the Panel, to submit written requests to review precise aspects of the interim report and to
request a further meeting with the Panel. The right to request such a meeting must be exercised no
later than at that time. Following receipt of any written requests for review, if no further meeting with
the Panel is requested, the parties shall have the opportunity, within a time-period specified by the
Panel, to submit written comments on the other part y's written requests for review. Such comments
shall be strictly limited to responding to the other party's written request for review.
18. The following procedures regarding service of documents shall apply:
a. Each party and third party shall serve all of its written submissions (including
any separate requests for preliminary ruling and responses thereto), executive
summaries and written versions of oral statements, directly on all other parties,
and on third parties as appropriate, and confirm that it has done so at the time it
provides those submissions to the Secretariat.

b. The parties and third parties should prov ide their submissions to the Secretariat
by 5:30 p.m. on the deadlines established by the Panel, unless a different time
is set by the Panel.

c. Unless the Panel indicate s otherwise, the parties and third parties shall provide
the Secretariat with ten paper copies of each of their written submissions.
These copies shall be filed with the Dispute Settlement Registrar, Mr.
Ferdinand Ferranco (office 2150).

d. The parties and third parties shall provi de electronic copies of all submissions
to the Secretariat at the time they prov ide their submissions, if possible in a
format compatible with that used by the Secretariat. If the electronic version is
provided by e-mail, it shall be addresse d to DSRegistry@wto.org, and copied
to XXXXX@wto.org,, XXXXX@ wto.org, XXXXX@wto.org,
XXXXX@wto.org and XXXXX@wto.org. If the electronic version is
provided by diskette or CD , four copies shall be de livered to Mr. Ferdinand
Ferranco (office 2150).

e. The Panel will endeavour to provide th e parties with an electronic version of
the descriptive part, the interim report a nd the final report, as well as of other
documents as appropriate. When the Pa nel transmits to the parties or third
parties both paper and el ectronic versions of a document, the paper version
shall constitute the official version for the purposes of the record of the dispute.